End
User License Agreement
Last
Updated: 2022-08-24
TABLE
OF CONTENTS
1. A few important notices—arbitration, refunds and
damages
2. What is this document? When can I play?
5. Eligibility and Registration
6. License and Use of the Services
9. Virtual Goods and Game Currency
15. Third-Party Websites and Resources
16. Data Charges and Mobile Devices
17. Service and EULA Modifications
22. Dispute Resolution and Governing Law
PLEASE
REVIEW CAREFULLY SECTION 22 “DISPUTE
RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. IMPORTANT NOTICE REGARDING
ARBITRATION FOR PLAYERS IN THE UNITED STATES: WHEN YOU AGREE TO THIS EULA YOU
ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND US
THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. THIS EULA ALSO INCLUDES A LIMITATION ON
DAMAGES THAT YOU CAN COLLECT FROM US THAT MAY ARISE OUT OF YOUR USE OF THE
SERVICES. BY USING THE SERVICES, YOU AGREE TO THESE PROVISIONS.
IF YOU DO NOT AGREE TO THE TERMS OF
THIS EULA, YOU MAY NOT INSTALL, COPY, OR USE OUR SERVICES. WE DO NOT NORMALLY
OFFER REFUNDS, EXCEPT WHERE EXPRESSLY AUTHORIZED BY US (SEE SECTION 10 FOR
EXCEPTIONS), OR WHERE REFUNDS ARE REQUIRED UNDER LOCAL LAW.
OUR EULA MAY ALSO CONTAIN COUNTRY-SPECIFIC ADDENDA THAT APPLY TO YOU BASED ON THE JURISDICTION IN WHICH YOU RESIDE. To see additional terms applicable to you (which constitute part of this agreement and may supersede these terms), please check the country-specific addenda below or the country-specific language on the EULA website.
If you are a resident of Russia, then
please also see schedule A-5 for further terms.
If you are a resident of Morocco, then
please also see schedule A-6 for further terms.
If you are a resident of Tunisia, then
please also see schedule A-7 for further terms.
If you are a resident of Australia, then please also see schedule A-8 for further terms.
This is the
agreement between you and us for our services you download or access, whether
that’s a game, something that supports the game, or something else. You can
only use these things once you agree to these terms.
You are now
reading our End User License Agreement (“EULA”)
which is a legal agreement between you and Proxima Beta Pte. Limited (“we”, “us”, “our”, as
appropriate) regarding the Services you use from us. The “Services” mean collectively, and sometimes individually, the
following: (a) each of our Games, and (b) any websites, software or other
services we provide with or in support of the Game, whether
or not they are installed or used on a computer, console, or a mobile
device. “Game” means our game that you
download and access that is subject to this EULA, regardless of where you
download and/or access it, and any documentation, software, updates, Virtual
Goods and Content (each defined below) included in it.
We’ve tried to be
straightforward in this EULA, and if you have any questions feel free to send us a note at help@nikke-en.com (our
“Support Email Address”). You’ll notice that we added some
text in italics throughout the EULA to make it easier to read; however, this
text is provided for guidance only, and does not form part of the EULA.
You’ll notice some capitalized terms
in this EULA. They’re called “defined
terms,” and we use them so we don’t have to repeat the
same language again and again, and to make sure that the use of these terms is
consistent throughout the EULA.
We’ve included the defined terms throughout because we want it to be
easy for you to read them in context.
Some Services may be available (or only available) through accessing (or downloading from) a third-party platform or store, including but not limited to, Facebook, the Epic Games Store, Steam game platform, the Google Play Store and Apple App Store (each, an “App Store”). Your use of the Services is also governed by any applicable agreements you have with any App Store (the “App Store Agreement(s)”). In the event of a conflict between any other App Store Agreement(s) from which you acquire one of our Games and this EULA with respect to your use of the Services, this EULA will take priority.
The collection
of information from you and related to the Services (whether obtained through
an App Store or not) is governed by our Privacy Policy at [link]. Our Privacy
Policy explains how we collect, use, and disclose information that we collect
from and about you.
The Services we offer have certain age restrictions. Others may
require an outside account. When you give us information, you need to make sure
it stays up to date. Also, don’t share your account with others without our
permission.
As long as you agree to
this EULA (and as long as the EULA isn’t terminated—see Section 21), we grant you
permission to access and use our Services. If you break the rules or can’t
agree, we can’t let you play. Please ensure your system
and devices meet the minimum requirements for the Game. Also, if you suffer
from an epileptic condition, please talk to a doctor before playing the Game.
We strive to
make all of our players and users feel safe and
welcome when using our Services and playing our games and we want everyone to
play by the same rules. So, if you use our Services as intended, without
cheating, being abusive, disruptive or disrespectful, or being unfair, you are
probably in the clear, but please read all of the
terms of this EULA carefully to be sure.
You agree not
to do any of the following with respect to the Services, as determined by us,
as applicable:
If you encounter another user who is violating any of these rules,
please report this activity to us using the “Report Abuse” function in the
relevant Game or part of the Service, if available, or contact us at help@nikke-en.com.
Our Services including our Content and Games are
owned by us or our licensors. Our Services may let you upload, post and store
photos and other content that you own. You retain your ownership of this
content, to which we take a license.
We and our affiliates and licensors own all title, ownership, and intellectual property rights in the Services. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services. You understand and agree that you have no ownership interest in the Services or any Games or Content therein.
The Services (and particularly our Games) may
have built-in mechanisms designed to prevent granting one user an unfair
advantage over other users (these actions are “Cheating” and the software is the “Cheat Detection Software”). We may add or update our Cheat
Detection Software periodically as we may require in our sole discretion. The Services
and/or the Cheat Detection Software may collect and transmit details about your
Game Account, gameplay, and unauthorized programs or processes in connection
with Cheating, subject to our Privacy Policy and applicable law. In the event that we in our sole discretion conclude that
you are Cheating, you agree that we may exercise any or all of our rights under
this EULA, including termination of this EULA and your access to our Services.
In addition, if you Cheat in one Game or Service, we may terminate your license
to use all of our Games and Services.
Although we are
not obligated to monitor access to or use of the Services or to review or edit
any Content, we have the right to do so for the purpose of operating and
publishing the Services, to ensure compliance with this EULA, to protect the
health or safety of anyone that we believe may be threatened, to protect our
legal rights and remedies, to report a crime or offensive behavior, or to
comply with applicable law. We may (but don’t have to) remove or disable access
to any Content, at any time and without notice. We may (but don’t have to) investigate
violations of this EULA or conduct that affects the Services.
We may offer you some cool features in our games for which you
must pay. We need special permission to charge your payment method. These
features are owned by us.
Subject to applicable law (including as described in each
country-specific addendum below), or App Store policy, (i)
all Games, Virtual Goods and Game Currency remain our property, have no
monetary value and are not redeemable, refundable, or eligible for any other alternate
remedy for any “real world” money or anything of monetary value, unless they
are defective, unavailable, or do not perform in accordance with the
specifications we provide; (ii) we may revoke your license to such Games, Virtual
Goods and/or Game Currency at any time consistent with this EULA without notice
or liability to you; and (iii) except where the law in your jurisdiction
provides a right of withdrawal that cannot be waived by contract, by purchasing and
using any Games, Virtual Goods and/or Game Currency, you hereby waive your
right to withdraw from your agreement to purchase the applicable Game, Virtual
and/or Game Currency, and you agree that you will therefore not be eligible to
receive a refund (or any alternative remedy) in relation to such Game, Virtual
Good and/or Game Currency. Additionally, you hereby agree that any withdrawal
right expires immediately upon purchase and delivery of your Game, Virtual Good
and/or Game Currency, unless the law in your jurisdiction provides otherwise.
This section does not affect your statutory rights.
From time to time, we may offer a beta version of one of our Services (a “Beta”). As the name implies, Betas are not commercial launch versions, are not guaranteed to work properly, and may make other parts of your system not work properly as well. For the license granted to you in Section 6 above to extend to the Beta (meaning, for you to have permission to use the Beta), you acknowledge and agree to the following terms in addition to the rest of this EULA:
If a Game is made available to you via an App Store, or if you
play a Game on a console, then additional terms may apply.
Where a Game is
made available to you via an App Store (whether on your mobile device or
console), you acknowledge and agree to the terms in Schedule B-1 with respect
to such Game.
We’d love to hear your feedback, good or bad. It helps us improve!
But if you give us feedback, we need to be free to use it how we want and
without paying you.
We welcome your feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at help@nikke-en.com or via the functionality of the Services (if available). If you provide us with any Feedback, you hereby grant us the following license: a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, distribute copies of, publicly perform, publicly display and otherwise exploit the Feedback for any purpose and in any country. This license does not lapse or expire even if we do not exercise our rights under this license within a period of one year. If you have rights in the Feedback that cannot be licensed to us under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert those rights. You understand and agree that you are freely giving your Feedback, that we don’t have to use it, and that you will not be compensated in any way for your Feedback. You represent and warrant that you have rights in any Feedback that you provide to us sufficient to grant us and other affected parties the rights described above, including, without limitation, intellectual property rights or rights of publicity or privacy.
In posting such Feedback, you warrant that your feedback is in compliance with this EULA, and you will not use obscene or offensive language or submit any material that is, or may potentially be, defamatory, abusive or hateful, an invasion of anyone's privacy, harmful to other users, or in breach of any applicable law.
We respect copyright law and expect our users to do the same. It’s our policy to terminate in appropriate circumstances Game Accounts of users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Outside links are for your convenience, but we can’t guarantee
them.
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
This is a reminder that you’re responsible
for any data-related charges that you may incur for using our Services.
You are
responsible for all data-related charges that you may incur for using our
Services, including, without limitation, mobile, text-messaging, and data
charges. You should understand or ask your service provider what charges you
may incur before using the Services.
When we update
this EULA, you need to agree to the updated version to keep using our Services.
We also need the freedom to update any part of the Services whenever we see
fit, so we are letting you know we can do so at any time.
We may (but don’t have to) update this EULA
at any time whenever we think there is a need. Subject to applicable law, if we
do so, you will be prompted to agree to the updated EULA upon your next access
to the Services or when the updated EULA is otherwise communicated to you. You
must agree to these updates to continue using the Services.
We may provide
patches, updates, or upgrades to the Services that must be installed in order for you to continue to use the Services. We may
update the Services remotely without notifying you, and you hereby consent to
us applying such patches, updates, and upgrades. If your device can prevent
automatic updates, you may not be able to access the Services until you
manually update the Services yourself on your device. We may modify, suspend,
discontinue, substitute, replace, or limit your access to any aspect of the Services
at any time. Subject to applicable law, you acknowledge that any character
data, game progress, game customization or other data related to your use of any
particular Game and other elements unique to the Services may cease to be
available to you at any time without notice from us, including, without
limitation, after a patch, update, or upgrade is applied by us. You agree that
we do not have any maintenance or support obligations with respect to the Services.
Subject to applicable law, we may change the
price of the Services, Games, Virtual Goods, Game Currency or Content, at any
time, for any reason, without notice or liability to you.
We don’t make
any guarantees about the Services.
TO THE MAXIMUM
EXTENT PERMITTED BY LAW THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF
ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY PARTIES EXPLICITLY
DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT
OF COURSE OF DEALING OR USAGE OF TRADE. The Company Parties make no warranty
that the Services will meet your requirements or be available on an
uninterrupted, secure, or error-free basis. The Company Parties make no
warranty regarding the quality, accuracy, timeliness, truthfulness,
completeness or reliability of the Services.
This section limits what you can recover from us in a dispute.
TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY PARTIES WILL NOT BE LIABLE IN
ANY WAY FOR ANY:
ARISING OUT OF
OR IN CONNECTION WITH THIS EULA OR THE SERVICES, OR THE DELAY OR INABILITY TO
USE OR LACK OF FUNCTIONALITY OF THE SERVICES, EVEN IN THE EVENT OF ONE OF A COMPANY
PARTY’S FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY,
PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND
EVEN IF THAT COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. FURTHER, TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY PARTIES
ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE SERVICES WILL NOT EXCEED:
(A) THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) OR ARE PAYABLE BY YOU TO US FOR
THE PARTICULAR GAME OR SERVICE IN QUESTION DURING THE SIX (6) MONTHS
IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY; OR (B) IF (A)
DOES NOT APPLY, FIFTY DOLLARS ($50 USD). THESE LIMITATIONS AND EXCLUSIONS
REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE
COMPENSATION AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN
YOU AND US.
Notwithstanding
the foregoing, some countries, states, provinces, or other jurisdictions do not
allow the exclusion of certain warranties or the limitation of liability as
stated above, so the above terms may not apply to you. Instead, in such
jurisdictions, the foregoing exclusions and limitations will apply to the
maximum extent permitted by the laws of such jurisdictions. Also, you may have
additional legal rights in your jurisdiction, and nothing in this EULA will
prejudice such rights that you may have as a consumer of the Services.
If someone sues us based on your breach of this EULA or your access
or use of the Services, you agree to defend us or pay for our defense in that
lawsuit.
You agree to
indemnify (in other words, compensate for all and any losses incurred), pay the
defense costs of, and hold the Company Parties and their employees, officers,
directors, agents, contractors, and other representatives harmless from all
claims, demands, actions, losses, liabilities, costs and expenses (including,
without limitation, attorneys’ fees, costs, and expert witnesses’ fees) that
arise out of or in any way are connected with: (a) your access to or use of the
Services; or (b) any claim that, if true, would constitute a breach by you of
this EULA. You agree to reimburse us for any payments made or loss suffered by
us, whether in a court judgment or settlement, based on any matter covered by
this Section 20.
We reserve the right to terminate this EULA as we see fit in
accordance with the applicable law.
Reasons we may terminate this EULA include, but are not limited to: if
we wind down our game offerings in your region, if you violate this EULA, or if
the App Store terminates your App Store Account.
To the fullest
extent consistent with applicable law, we may suspend, modify or terminate your
access to and use of the Services, including any Game, Virtual Goods, and
Content, with no liability or notice to you, in the event that (a) we cease
providing the Game to similarly situated users generally; (b) you breach any
terms of this EULA (including the App Store Agreement(s) and our other policies
specified in this EULA); (c) the owner of the applicable App Store terminates
your App Store Account; or (d) we otherwise deem it necessary to suspend or
modify your access to and use of the Services or terminate this EULA in our
sole discretion. You may also terminate this EULA by deleting and uninstalling
the Game on all of your devices or by deleting your
App Store Account. A suspension or
modification of your access to and use of the Services will result in your
inability to access and use some or all features of the Services, as determined
by us in our sole discretion. Upon any termination of this EULA, the rights
granted to you will automatically terminate, you may no longer exercise any of
those rights or this EULA. Subject
to applicable law, we may, in our sole discretion, provide continued access to
and use of the Services after such termination.
Where required
by applicable law, termination of this EULA does not require a court decision
to affect termination or a notice served by a court bailiff as a prerequisite
to termination.
Except to the
extent required by law, all payments and fees are non-refundable under all
circumstances, regardless of whether or not this EULA
has been terminated.
The following
sections will survive termination of this EULA: 8 (first two
sentences only), 13, 19, 20, 22 through 25, and this
sentence of Section 21.
You are agreeing to Laws of Singapore.
If there is a dispute between us, we agree it’ll be resolved through
arbitration, with each of us paying our own costs.
You cannot transfer or assign this EULA to anyone else.
You may not assign or transfer this EULA, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this EULA, without such consent, will be null and void. Notwithstanding the title of this Section, we may freely assign or transfer this EULA without restriction. Subject to the foregoing, this EULA will bind and inure to the benefit of the parties, their successors and permitted assigns.
This EULA is our whole agreement (no outside promises). The
official version is English. If parts of this EULA don’t apply, the rest
remains as much as possible. If we don’t enforce part of this EULA, it doesn’t
mean we won’t in the future or we won’t enforce our other rights. Also, except
for App Stores, no one other than you or us can enforce this EULA.
If you have any
questions about this EULA or the Game, please contact us at our Support Email
Address.
Schedule A-1: Addendum for residents of European Union, UK, and Brazil
For the purposes of this Schedule A-1: The EULA is a legal agreement between you and Proxima Beta Pte. Limited, a company registered in Singapore with registered office at 10 Anson Road #21-07, International Plaza, Singapore 079903, company registration number 201632879R if you are a resident of or located in the European Union, United Kingdom, or Brazil.
(b)
WITHOUT AFFECTING SECTION 19(A), IF WE FAIL TO
COMPLY WITH THIS EULA, WE ARE RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS
A FORESEEABLE RESULT OF OUR BREACH OF THIS EULA OR OUR NEGLIGENCE, BUT WE ARE
NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT FORESEEABLE. LOSS OR DAMAGE
IS FORESEEABLE IF IT WAS AN OBVIOUS CONSEQUENCE OF OUR BREACH OR IF IT WAS
CONTEMPLATED BY YOU AND US AT THE TIME THAT THIS EULA BECAME BINDING ON YOU AND
US.
(c)
WITHOUT AFFECTING SECTION 19(A) ABOVE, TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE
COMPANY PARTIES ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE SERVICES
WILL NOT EXCEED: (A) THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) OR ARE PAYABLE BY
YOU TO US FOR THE PARTICULAR GAME OR SERVICE IN QUESTION; OR (B) IF (A) DOES
NOT APPLY, FIFTY DOLLARS ($50 USD).
Notwithstanding the foregoing, some countries, states, provinces,
or other jurisdictions do not allow the exclusion of certain warranties or the
limitation of liability as stated above, so the above terms may not apply to
you. Instead, in such jurisdictions, the foregoing exclusions and limitations
will apply to the maximum extent permitted by the laws of such jurisdictions.
Also, you may have additional legal rights in your jurisdiction, and nothing in
this EULA will prejudice such rights that you may have as a consumer of the Services.
Termination: Notwithstanding the provisions of Section 21 of
this EULA, save as required by applicable law, we may, in our sole
discretion, provide continued access to and use of the Services prior to such
termination. We will have no liability to you if we terminate this EULA due to
your breach of this EULA or due to circumstances beyond our reasonable control.
No Assignment: Notwithstanding the provisions of Section 23 of
this EULA, we may freely assign or transfer this
EULA without restriction, provided that: (a) we will give you notice of such
assignment or transfer; and (b) if you do not consent to such assignment or
transfer, this EULA will be terminated.
Language:
Notwithstanding the provisions of Section 24(b) of
this EULA, the original language of this EULA is in English; any translations
are provided for reference purposes or to satisfy legal compliance obligations.
Moral Rights. Any reference to the waiver of moral rights
under this EULA is not applicable to you.
Cancellation of Virtual Goods and Game Currency. Notwithstanding the provisions of Section 10 of this EULA, you have a legal right to cancel your purchase of Virtual Goods and/or Game Currency – please see Exhibit 1 to this Schedule for more information.
Additional
Terms for Residents of EU and UK
With respect to residents of EU and UK,
the following additional terms apply:
Dispute Resolution: Section 22 of this EULA is replaced in its entirety with the following:
22. Dispute Resolution and Governing Law – EU and UK: The following applies if you are accessing, using, or have purchased the Services in the European Union or UK:
Cancellation of Virtual Goods and Game Currency. Where you have purchased such Virtual Goods and/or Game Currency
other than directly from us, the details of your right to cancel will be set
out in the applicable third-party terms. However, where
you purchase such Virtual Goods and/or Game Currency directly from us the
following will apply:
EULA Modifications. Notwithstanding the provisions of Section 17 of this EULA, if we need to
update this EULA, we will provide you with 30 days' prior written notice of the
changes and, following the expiry of such notice period, you will be prompted
to agree to the updated EULA upon your next access to the Services or when the
updated EULA is otherwise communicated to you. You must agree to these updates
to continue using the Services. Except as required to allow you to continue to
use any Virtual Content and/or Game Currency that you have purchased from us,
you agree that we do not have any maintenance or support obligations with
respect to the Services.
Indemnity. Section 20 of this EULA
is removed in its entirety and replaced with the following:
20. Intentionally Omitted.
Additional Terms for Residents of France
With
respect to residents of France, the following additional terms apply:
Mediation:
You have the right to turn to a mediator to solve a dispute under the
Agreement. Pursuant to article L 616-1 of the French consumer Code, we inform
you that the mediator(s) we have chosen is:
Le service du Médiateur du e-commerce de la
FEVAD
60 rue la Boétie
75008 PARIS
mediateurduecommerce@fevad.com
https://www.mediateurfevad.fr/
Eligibility and Registration. You are responsible
for all activities that occur under your Game Account, whether
or not you know about them, unless you manage to prove that such use is
fraudulent. If you believe that your Game Account is no longer secure, then you
must immediately notify us at our Support Email Address.
Licenses. The licenses
defined in Sections 6(a), 6(b), 9(b) and 13 of this EULA are
granted worldwide and for the duration of protection of intellectual property
rights.
Additional
Terms for Residents of Germany
With respect to
residents of Germany, the following additional terms apply:
Limitation of Liability. Section 19(a) is replaced with the following:
Nothing in this EULA excludes or limits our liability for: (a) in case of intent (‘Vorsatz’) and gross negligence (‘grobe Fahrlässigkeit’); (b) in case of injuries to life, physical integrity/body or health; (c) pursuant to the terms of the German Product Liability Act (‘Produkthaftungsgesetz’); and/or (d) under a guarantee we give.
We shall be liable for losses caused by breach of our Cardinal Duties. “Cardinal Duties” are such basic duties which form the essence of EULA, which were decisive for the conclusion of this EULA and on the performance of which you may rely. If we breach a Cardinal Duty through slight negligence (‘leichte Fahrlässigkeit’), then our ensuing liability shall be limited according to Section 19(c).
Additional
Terms for Residents of Italy
With respect to residents of Italy, the
following additional terms apply:
Nothing in this EULA excludes or limits our liability: (a) in case of willful misconduct (‘dolo’) and gross negligence (‘colpa grave’); (b) in case of injuries to life, physical integrity/body or health; (c) pursuant to the terms of the Italian Consumer Code with reference to product liability.
Additional Terms for Residents of Poland
With respect to
residents of Poland, the following additional terms apply:
Nothing in this EULA excludes or limits our liability for: (a) wilful misconduct (‘wina umyślna’); (b) in case of injuries to life, physical integrity/body or health; (c) under statutory warranty (for consumers only) or (d) unsafe product.
Additional Terms for Residents of Brazil:
With
respect to residents of Brazil, the following additional terms apply:
EULA Modifications. Notwithstanding
any contrary provision in the EULA, modifications, amendments, supplements or
terms to our fees, billing methods and terms applicable to App Currency,
Virtual Goods or any purchases shall be effective 30 days after you receive
notice of the changes from us in any form.
Dispute Resolution – Brazil. Notwithstanding any contrary
provision in the EULA, if you are accessing, using, or have purchased the
Services in Brazil, you agree that any action related to this EULA will be
resolved in accordance with the Brazilian laws, and
that any dispute arising out of or in relation to this EULA shall be brought
exclusively in the Brazilian courts, provided that you may choose to litigate
in the court of your domicile.
Exhibit 1 to Schedule A-1: Addendum for
Cancellation (European Union, UK, and Brazil)
Right
of Cancellation:
You have a legal right to cancel your purchase of Virtual Goods and/or Game Currency within 14 days without giving any reason.
The cancellation period shall be 14 days from the date on which you or a third party designated by you have taken possession of the Virtual Goods and/or Game Currency.
In order to exercise your right of cancellation, you must inform us of your name, postal address and, where available, your telephone number, fax number and e-mail address via the Support Email Address, and clearly state your decision to cancel your purchase of Virtual Goods and/or Game Currency from this EULA. You may use the Model Withdrawal Form, below, which is not mandatory. Alternatively, you can withdraw using any other clear statement setting out your decision to cancel the contract.
Your purchase of Virtual Goods and/or Game Currency will be deemed cancelled within the cancellation period if you sent the notification before the cancellation period expires.
Consequences
of the Cancellation:
If you cancel your purchase of Virtual Goods and/or Game Currency, then we shall promptly remove the Virtual Goods or Game Currency associated with your purchase from your account, and we shall reimburse you immediately and no later than 14 days from the date on which we received notice of your cancellation for all payments we have received from you. Such refund will be made using the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you, and in no event will you be charged for such refund.
Model
Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract)
I hereby give notice that I cancel my purchase of Virtual Goods and/or Game Currency (choose as applicable; please further describe so it is possible to identify to which Virtual Goods and/or Game Currency the cancellation refers).
- ordered on (please add date)/received on (please add date);
- your name;
- your address;
- your signature (only if this form is notified on paper); and
Schedule A-2: Addendum for residents of the United
States
Dispute Resolution: Section 22 of this EULA is replaced with its entirety with the following:
This section only applies if you are accessing, using, or have purchased the Services in the United States.
You are agreeing to the laws of California. Any court cases will be handled in the Northern District of California.
US residents—if there is a dispute between us, we agree we’ll resolve it through arbitration (in your home area) instead of through the courts. You are also agreeing not to participate in a class-action lawsuit against us. (This section is long, so we’re providing mini-explanations for each part.)
Disputes that qualify for small claims court or relate to the infringement of our intellectual property do not have to be arbitrated.
The American Arbitration Association’s Consumer Arbitration Rules will apply. Arbitration will be near where you live unless we agree otherwise.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement.
Unless your claim is frivolous or for more than $10,000, we’ll pay the filing, administration, and arbitrator fees. We won’t seek attorney fees from you, but if you win you can seek them from us to the extent allowed by law.
Except for Section 22(d), the arbitration may only award injunctive relief for the party seeking injunctive relief, and to the extent necessary to provide that relief. Any public injunctive relief sought must be litigated in a civil court.
You agree not to participate in a class action and only bring claims as an individual. Your dispute can’t be combined with other people’s claims.
If a court decides a part of this section is unenforceable, the rest still applies.
Schedule A-3: Addendum for Residents of South
Korea
For the purposes of this Schedule A-3: The EULA is a legal agreement between
you and Proxima Beta Pte. Limited, a company registered in Singapore with registered office at 10 Anson Road #21-07, International Plaza,
Singapore 079903, company registration number 201632879R if you are a resident of or located
in South Korea.
Amendment Regarding Responsibility of a Legal
Representative of a Minor: Notwistanding Section 5(a) of this EULA,
the legal representative of a minor hereby acknowledges and agrees that he/she is
responsible for the Game Account created by the minor or the details of use of
the Game Account by a user with respect to whom the legal representative gave
consent when such user uses the Service.
Amendments and changes of
fees, billing methods and terms applicable to Game Currency, Virtual Goods or
to any purchases: Notwithstanding Section 9(a) of this
EULA, we may modify, amend or supplement our fees, billing methods and terms
applicable to Game Currency, Virtual Goods, or any purchases, and give a public
notice of those changes to users by posting them within the Game Service or on
the connection screen. When we
notify you or publicly post those changes, we will also notify you or otherwise
disclose that if a user does not express his/her consent or refusal, he/she
will be deemed to have consented to those changes, and in case you fail to
expresses your refusal by the date on which such changes take effect, we will
consider you having consented to such changes. If any change is unacceptable to
you, you may refuse such change and terminate the use of your Game Account.
Changes to Game Currency and Virtual Goods: The terms stipulating the changes made without notice to
users and the users’ waiver of any and all legal claims under Section 9(c) of
this EULA will not apply to you.
Unless otherwise prohibited under applicable laws, we may modify, substitute, replace, suspend,
cancel, or eliminate any Game Currency or Virtual Goods, including your ability
to access or use Game Currency or Virtual Goods, in which case we will notify you
of such changes within the Service in advance. Notwithstanding the foregoing, if it is
unavoidably necessary to make any changes, such as correction of bugs/errors
and urgent updates, or if the changes are not material, we may give a public
notice of those changes afterward.
Limitation of Liability: Section 19 of this EULA is amended as
follows:
Each of the Company and the user (the “Indemnifying
Party”) shall indemnify the other party from all losses that arise out of any
breach by the Indemnifying Party of this EULA; provided, however, that the
foregoing shall not apply if such breach is not attributable to the
Indemnifying Party’s intentional or negligent behavior.
Notwithstanding the foregoing, we shall not be held liable
in any of the following cases:
(a)
We shall not be
liable for providing the Service, in case where the Service cannot be provided
due to natural disaster or any equivalent force majeure event.
(b)
We shall not be
liable for any losses that arise out of the maintenance, replacement, regular
inspection, or construction of facilities for the Service or any other reasons
equivalent thereto, unless such losses are attributable to our intentional or
negligent behavior.
(c)
We shall not be
liable for any disruption in using the Service which is attributable to the
user’s intentional or negligent behavior, unless the user has unavoidable or
justifiable reasons.
(d)
We shall not be
liable for the reliability or accuracy of information or materials uploaded or
posted by users in connection with the Service, unless we act intentionally or
grossly negligently.
(e)
We do not have any
obligation to intervene in any transaction or dispute which takes place between
you and another user or a third party in connection with the Service, and shall
not be liable for any losses arising therefrom.
(f)
We shall not be
liable for any losses incurred by users which arise in connection with use of
any free Service, unless such losses are attributable to our intentional or
grossly negligent behavior.
(g)
We shall not be
liable for your failure to obtain expected profits or your loss of profits by
using the Service.
(h)
We shall not be
liable for your losses of experience points, level, items, or Game Currency
within the Game, unless such losses are attributable to our intentional or
negligent behavior.
(i)
We shall not be lible
for your payments by a third party which arise due to your failure to manage
the password of your mobile device or the password provided by your online
marketplace operators, unless any losses are attributable to our intentional or
negligent behavior.
(j)
We shall not be
liable for your inability to use whole or part of the Services due to any
change of your mobile device or its number or OS version, overseas roaming,
change of mobile carrier, etc., unless such inability is attributable to our
intentional or negligent behavior.
(k)
We shall not be
liable for your deletion of any Content or Account information we have
provided, unless such deletion is attributable to our intentional or negligent
behavior.
(l)
We shall not be
liable for any losses incurred by a guest member which arise out of his/her use
of the Service, unless such losses are attributable to our intentional or
negligent behavior.
Termination: Section 21 of this
EULA is amended as follows:
We may suspend whole or part of Services in the event that
(a) it is necessary for operation of the system, including regular inspection
on the system, increase or replacement of servers, network unstability, etc.;
(b) it is impossible to normally provide the Services due to power failure,
breakdown of a Service facility, traffic overload, repair or inspection of
facilities by telecommunications service provider, etc.; or (c) war, incident,
natural disaster or national emergency equivalent thereto or any other event
beyond our control occurs. In such case, we will provide the prior notification
of the reasons for and duration of such suspension on the beginning screen of
the Game or the notice section of the Services; provided, however, that if we
cannot provide the prior notification for a justifiable reason, we may notify you
afterward.
As an elaboration of what is permitted by
law as mentioned in Section 10 of this EULA, users who are residents of Korea
have the following legal rights when purchasing Virtual Goods or Game Currency:
Unless otherwise provided in this EULA or
other terms and conditions of transaction, end-users may cancel their purchase
within 7 days from the date on which the end-user is notified of the purchase
of virtual items/currency. However, the purchase cannot be canceled if the user
has used or partially consumed virtual goods or game currency, or in other
cases stipulated by applicable laws of Korea. However, notwithstanding the
above, if the contents of the virtual goods or game currency are different from
the display/advertisement contents provided by us, or if the contents are
performed differently from the contract contents, the user may cancel within
three months from the date of receiving the virtual good or game currency, or
within 30 days from the date he/she knew or could have known such fact.
When a refund is received for purchase
cancellation, refunds will be processed by the App Store operator where you
made relevant purchase according to their refund operation policy and
procedure.
If a user who is a minor under the laws of
Korea concludes a purchase contract for virtual goods or game currency, the
Company
informs the minor that his/her guardian or the minor himself/herself may cancel
the contract, if his/her guardian does not agree in regard to the contract.
We may request the submission of documents proving that you are a minor or a
legal representative. However, if a minor purchases virtual goods or game
currency with the property permitted for disposition by their legal
representative, if a minor has deceived us into believing that he is an adult,
or if the minor has the consent of his legal representative, the contract cannot
be cancelled.
Schedule A-4: Addendum for Residents of Japan
Age: The age of majority as referred to in Section 5(a) in this EULA means,
prior to April 1, 2022, those who are 20 years of age or more, and, on and
after said date, those who are 18 years of age or more. If you are a minor,
you must have your parent or other legal guardian read and accept this EULA
before creating a Game Account.
Moral Rights: Any reference to the waiver of moral rights under this EULA is not
applicable to you. You agree not to
exercise any of your moral rights to the User Content, including the right to
be indicated as the author of the User Content, against us or any third party
designated by us.
EULA Modifications: Notwithstanding the provisions of Section 17 of this EULA, we may
modify this EULA in accordance with the applicable law. In the case of any modification to this
EULA, the effective date of the modification and the contents of this EULA
after the modification will be posted on our website or otherwise notified to
you by a method separately determined by us. If you use the Services after the
effective date of the modification of this EULA, you shall be deemed to have
agreed to the revised EULA.
Limitation of Liability: Any reference to the limitation on our liability to you under this
EULA (including Section 19) does not apply to damage incurred by you as a
result of our intentional acts or gross negligence.
Schedule A-5: Addendum for Residents of Russia
We are a company registered in Singapore with registered office at 10 Anson Road #21-07, International Plaza, Singapore 079903, company registration number 201632879R.
Moral Rights: Any reference to the waiver of moral rights under this EULA is not applicable to you. You do, however, allow us to use any User Content anonymously without indicating your name, if applicable, and to edit, amend, cut, annotate, illustrate, provide any other comments to User Content as we deem reasonable and appropriate.
Schedule A-6: Addendum for Residents of Morocco
In this EULA, “we” refer to a company registered in Singapore with registered office at 10 Anson Road #21-07, International Plaza, Singapore 079903, company registration number 201632879R.
Amendments and changes of fees, billing methods and terms applicable to Game Currency, Virtual Goods or to any purchases: Notwithstanding provisions of section 9, changes to our fees, billing methods and terms applicable to Game Currency, Virtual Goods or to any purchases, shall be effective immediately upon notification duly received by you, and shall be incorporated by reference into this EULA. If any change is unacceptable to you, you may decline these changes and terminate the use of your Game Account at any time.
Changes to Game Currency and Virtual Goods. Waiver of notice provided for under section 9(c) does not apply to you. Except as otherwise prohibited by applicable law, and subject to reasonable notice, we, in our sole discretion, may modify, substitute, replace, suspend, cancel, or eliminate any Game Currency or Virtual Goods, including your ability to access or use Game Currency or Virtual Goods.
Right of legal recourse: Any reference to a waiver of any legal recourse relating to purchased Game Currency, Virtual Goods, or to any purchase under sections 1 and 9(c) is not applicable to you.
Moral Rights: Any reference to the waiver of moral rights under this EULA is not applicable to you. You do, however, allow us to use any User Content anonymously without indicating your name, if applicable, and to edit, amend, cut, annotate, illustrate, provide any other comments to User Content as we deem reasonable and appropriate.
Refunds: Notwithstanding provisions of section 10 of this EULA, we may not revoke your license to purchased Virtual Goods, and/or Game Currency, and/or any other purchase without reasonable notice nor your serious misconduct. You may also exercise your right of withdrawal within seven (7) days of your acceptance of the license or, where applicable, of each purchase.
Also, in the event that we are unable to honor any of your purchases within seven (7) days, your withdrawal right period is extended to eight (8) more days following the expiry of your initial seven (7) withdrawal period as provided under Moroccan law 31-08 on consumer protection.
Service and EULA Modification: Notwithstanding provisions of section 17 of the EULA, you will be prompted to accept or decline any Service and EULA Modification. If any change is unacceptable to you, you may decline these changes and terminate the use of your Game Account at any time.
Warranty Disclaimers: Provisions of section 18 apply to purchased Virtual Goods and/or purchased Game Currency, provided that such purchases fulfill and comply with their announced characteristics and description thereof at the time of purchase.
Indemnity: Your obligation to indemnify us is limited to actual damage suffered by us directly caused by your act, fault, or gross negligence.
Dispute Resolution and Governing Law: Any dispute, controversy, difference, or claim arising out of or relating to this EULA, a Game, or the Services, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to this EULA, a Game, or the Services (collectively, “Disputes”) will be resolved in accordance with the laws of Morocco.
In the event of a Dispute, the competent court shall be the court having jurisdiction over your place of residence.
Language: This EULA is provided to you with an Arabic translation.
Schedule A-7: Addendum for Residents of Tunisia
Moral Rights: Any reference
to the waiver of moral rights under this EULA is not applicable to you. You do, however, allow us to use any User Content anonymously without indicating your name, if
applicable, and to edit, amend, cut, annotate, illustrate, provide any other
comments to User Content as we deem reasonable and appropriate.
Refunds: Notwithstanding provisions of section
10 of this EULA, we may not revoke your license to purchased Virtual
Goods, and/or Game Currency, and/or any other purchase without reasonable
notice nor your serious misconduct. You may also exercise your right of
withdrawal within ten (10) days of your acceptance of the license or, where
applicable, of each purchase.
Warranty Disclaimers: Provisions of
section 18 apply to purchased Virtual Goods and/or purchased Game Currency,
provided that such purchases fulfill and comply with their announced
characteristics and description thereof at the time of purchase.
Schedule A-8: Addendum for residents of Australia
For the purposes of this Schedule A-8: The term "Services" means collectively, and sometimes individually, the following: (a) each of our Games, and (b) any websites, software or other services we provide with or in support of the Game, whether or not they are installed or used on a computer, console, or a mobile device (i.e. it is as otherwise defined in the EULA). If we use the term "services" without capitalization, it means any benefits, privileges, or facilities we provide to you under this EULA. The term "Australian Consumer Law" refers to Schedule 2 of the Competition and Consumer Act (2010).
Moral Rights: Any reference to the waiver of moral rights under this EULA is not applicable to you. You do, however, allow us to use any User Content anonymously without indicating your name, if applicable, and to edit, amend, cut, annotate, illustrate, provide any other comments to User Content as we deem reasonable and appropriate.
License – Retail Purchase:
Notwithstanding provisions of section 6 of
this EULA, our codes or keys come with guarantees that cannot be excluded under
the Australian Consumer Law. Pursuant to the Australian Consumer Law, if we are
deemed the manufacturer of the code or key you can elect to seek a remedy from
us rather than a third party who you purchased your code or key from. Other
than any obligations we have under the Australian Consumer Law, we will have no
responsibility for these codes or keys purchased from any third party or if any
purchase occurred in breach with any applicable foreign exchange control
regulations.
Changes to Game Currency and Virtual Goods: Notwithstanding provisions of section 9 of this EULA, our Services and Games come with guarantees under the Australian Consumer Law, which are not excluded.
Refunds: Notwithstanding provisions of
section 10 of
this EULA, the provision of refunds is subject to applicable law, including,
but not limited to, the extent required under the Australian Consumer Law. All
Games, Virtual Goods and Game Currency are not redeemable, refundable, or
eligible for any other alternate remedy for any “real world” money or anything
of monetary value, unless we have obligations to provide you with a remedy
under the Australian Consumer Law, or otherwise if they are defective,
unavailable, or do not perform in accordance with the specifications we
provide.
Beta Testing: Notwithstanding provisions of section 11 of this EULA, unless you are otherwise entitled to a remedy pursuant to the Australian Consumer Law, termination of a Beta by us and your participation in a Beta does not entitle you to any compensation or any free Services, including any Content and Game Currency.
Accessing a Game from an App Store. Notwithstanding provisions of section 12 of this EULA, where a Game is made available to you via an App Store, the provisions of this EULA are subject to any obligations we may have under the Australian Consumer Law which cannot be excluded.
Warranty Disclaimers: Notwithstanding
provisions of section 18 of
this EULA, for the Services you acquired directly from us, our Services come
with guarantees that cannot be excluded under the Australian Consumer Law. In
addition, even if you acquired our Services from a third party, you may be
entitled to a remedy from us if we are the manufacturer of the Services, as
provided for under the Australian Consumer Law. Third-party branded products
purchased from us may also come with guarantees that cannot be excluded under
the Australian Consumer Law.
The Warranty Disclaimers in Section 18 of the EULA only apply to the extent permitted by law, including to the extent permitted under the Australian Consumer Law.
Limitation of Liability: Notwithstanding provisions of section 19 of
this EULA, any limitation of liability is only expressed to the extent
permitted under applicable law, including the Australian Consumer Law, which
provides guarantees and remedies which cannot be excluded. The remedy you are
entitled to under the Australian Consumer Law from us in the event of a failure
to comply with the consumer guarantees will depend on whether we are the
supplier and/or the manufacturer of the Services you acquire, and whether the
failure is a major or minor failure.
For example, if we are the supplier of the Services to you, for major failures with a service, you are entitled to cancel your service contract with us, and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
Termination: Notwithstanding provisions of section 21 of
this EULA, in certain circumstances, you may be entitled to a remedy under to
the Australian Consumer Law.
Dispute Resolution and Governing Law. Notwithstanding provisions of section 22 of this EULA, the governing law is set only to the extent permitted by law, and does not prevent action in a Court where a statutory right which cannot be excluded arises.
Schedule A-9: Addendum for Residents in Mexico
We are a company registered
in Singapore with address at 10 Anson Road #21-07, International Plaza,
Singapore 079903, company registration number 201632879R. This addendum will
only apply if you reside in Mexico and the laws of Mexico are applicable to you.
Limitations: To the extent that
the EULA would conflict with the Federal Consumer Protection Law, we agree to
abide by the provisions of such law and not the provisions of the EULA, while
the remaining provisions of the EULA shall apply mutatis mutandi.
We may modify or terminate our obligations to the extent permitted by the
Federal Consumer Protection Law; particularly for the situations out of our
control as set forth in Section 9(c). We can also suspend or terminate our
Service to you if we reasonably decide that you have breached the EULA or this
addendum or if we determine that you are behaving improperly towards other
users or our employees, agents, or contractors, or as may be required under the
applicable law, or for technical reasons such as maintenance, updates and other
technical or financial reasons in accordance with the nature of the Game.
Refund: The provisions of
the EULA regarding refunds in section 10 of the EULA will not apply to the
extent that they conflict with our obligations under the Federal Consumer
Protection Law of Mexico. All remaining provisions of the EULA will remain in
force mutatis mutandi.
License and Use
of the Services: To the extent permitted by the laws of Mexico, a license granted under
section 6 with respect to the User Content also includes a license to use your
personal image to the extent it is visible on the User Content. Should you wish
to exercise your rights under article 87 of the Federal Copyright Law to revoke
authorization to use your image, you may do so by sending an email to the
Support Email Address detailing the content in which your image is shown. You
hereby acknowledge that you authorize a grace period of thirty natural days
upon receipt of your request to delete the content or edit it as to remove your
personal image from it.
In case you wish to
exercise the Moral Rights over the User Contents prescribed by article 21 of
the Federal Copyright Law, you agree to send an email to the Support Email, detailing the
right you wish to exercise, and the User Content involved. You further agree to
cover any and all expenses, damages and lost profits that may be generated by
the compliance with such request both to us and to third parties in advance.
You further provide us with a term no less than six calendar months to comply
with your request, upon your payment of the respective expenses, damages, and
lost profits.
Minimum
Requirements. You acknowledge and agree that we assume no liability in
the event that your device is incompatible with the minimum
requirements, or if its configuration does not allow you to play the Game with
the desired quality. We assume no responsibility for any modifications that you
may make to your device, its configuration, or any third-party software you
install on it.
Seizure warning. The provisions of
6(f) apply mutatis mutandi to any other
physical, neurological, psychological, emotional, or psychiatric issue,
condition, or problem you may have, and which may be affected or altered by the use of a Game. It is your responsibility to contact
your healthcare provider to determine if any actual or potential problem in
your physical, mental, or emotional health could be affected by
the use of a Game.
Player Conduct: You further agree
for the purposes of section number 7 of the EULA that when reporting abuse, we
are not required to take action and that we may differ
from you on the appreciation of the relevant facts. You agree that when
reporting abuse, you will do so truthfully, and that falsely reporting abuse
might be a cause for us to deny your access to the Services.
Dispute
Resolution and Governing Law. To the extent that section 22 of the EULA is found to be incompatible
with article 92 of the Federal Consumer Protection Law by the Federal Consumer
Protection Agency or local or federal judge in Mexico, the parties agree to be
bound by the Federal Courts of Mexico City and, to the extent permitted by the
Federal Consumer Protection Law, that the provisions of the Commerce Code will
be applicable for interpreting the EULA and this addendum, followed by those of
the Federal Civil Code, if necessary.
Schedule A-10: Addendum for Residents in Canada
If you are a consumer who is a resident of Canada, the following
provisions apply.
Ownership of the Services. If you Cheat, you agree that we may
exercise any or all of our rights under this EULA,
including termination of this EULA and your access to our Services.
Purchasing or Obtaining Virtual Goods and Game Currency. Waiver of
notice provided for under section 9(a) does not apply to you, to the extent
prohibited by applicable law. Modifications, amendments, supplements, or terms are
effective subject to notice as provided by applicable law and are hereby
incorporated by reference into this EULA. If any change is unacceptable to you,
you may terminate the use of your Game Account at any time.
Changes to Game Currency and Virtual Goods. Waiver of notice provided for under
section 9(c) does not apply to you, to the extent prohibited by applicable law.
Subject to notice to the extent provided by applicable law, we, in our sole
discretion, may modify, substitute, replace, suspend, cancel, or eliminate any
Game Currency or Virtual Goods, including your ability to access or use Game
Currency or Virtual Goods.
Service and EULA Modifications. Waiver of
notice provided for under section 17 does not apply to you, to the extent
prohibited by applicable law.
Warranty Disclaimers. Waiver of legal warranties do not
apply to you, to the extent prohibited by applicable law.
Limitation of Liability. The limitation or exclusion of our
lability for the consequences of our own acts will not apply to you, to the
extent prohibited applicable law.
Termination. Payments and fees may be refundable solely to
the extent provided by applicable law.
Governing Law: Notwithstanding Section 22(a), any Dispute will be resolved in accordance with the laws of the province or territory in which you reside and the federal laws of Canada applicable therein, without reference to any choice of law rules, and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods.
Dispute Resolution. Notwithstanding Section 22,
either you or we may elect to have the Dispute finally and exclusively resolved
by binding arbitration, in your province or territory of residence, in
accordance with the applicable arbitration legislation. This section is set only to
the extent permitted by law, and does not prevent action in courts of competent
jurisdiction of the province or territory of your principal residence where
such a right cannot be excluded under applicable law.
Language.
Section 24(b) does not apply to you, to the extent prohibited by applicable
law.
Schedule B-1: App
Store Terms
If you download a Game from the App Store, then notwithstanding anything in this EULA to the contrary, you
acknowledge and agree that:
·
We, and not the App Store, are solely
responsible for the Game.
·
The App Store has no obligation to provide
any Game maintenance or support.
·
If the Game cannot meet its warranties (if
any), you may notify the App Store and the App Store will refund you the
purchase price of the Game (if applicable) and, to the maximum extent permitted
by applicable law, the App Store will have no other warranty obligation
whatsoever with respect to the Game. Any other claims, losses, liabilities,
damages, costs or expenses attributable to any failure to conform to any
warranty will be our sole responsibility.
·
The App Store is not responsible for
addressing any claims you have or any claims of any third party relating to the
Game or your possession and use of the Game, including, without limitation: (i) product liability claims; (ii) any claim that the
Game fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection or similar legislation.
·
In the event of any third-party claim that
the Game or your possession and use of the Game infringes that third party’s
intellectual property rights, we will be solely responsible for the
investigation, defense, settlement, and discharge of any such intellectual
property infringement claim to the extent required by this EULA.
·
The App Store, and its subsidiaries, are
third-party beneficiaries of this EULA and upon your acceptance of this EULA, the
App Store will have the right to enforce this EULA against you as a third-party
beneficiary thereof.
·
You represent and warrant that (i) you are
not located in a country that is subject to a U.S. Government embargo, or that
has been designated by the U.S. Government as a terrorist-supporting country;
and (ii) you are not listed on any U.S. Government list of prohibited or
restricted parties.
·
You must also comply with all applicable
third-party terms of service or similar agreement when using the Game.
Schedule C-1:
Streaming Policy
Introduction.
We hope that you enjoy our games and support your interest in producing game-play videos, whether live or recorded (“Videos”), that share your gaming experiences with others, using images, video, sound effects, in-game music, or other assets from our games (“Content”). Please note however, that in most cases using our Content without our permission is illegal and a violation of our rights. This policy helps inform you of the limited rights we grant you to share your experience with our Content with the public in your Videos.
Your use of our Content
in Videos must be limited to non-commercial purposes, except as expressly
stated under this Streaming Policy:
You may only use our Content in your Videos for non-commercial uses, except as we expressly state under this Streaming Policy. As such, you may not license your Video which leverages our Content to any company or anyone else for a fee or other form of compensation or for any other commercial use without first receiving our written authorization to do so. Note that we reserve the right to use our own Videos for commercial purposes. Further, any of your Videos that leverage our Content must contain commentary, gameplay, or sufficient originality to make it, in our sole discretion, educational or promotional. Examples of Videos that would NOT qualify under this policy are clips of cut-scenes from games or recordings of a particular game’s soundtrack (without any commentary discussing the cut-scene or soundtrack).
We do however permit you to receive payment based on the following two methods, provided you comply with the other portions of this Streaming Policy:
· Monetization of your Video that leverages our Content through advertisements served by the platform which hosts your Video such as YouTube or Twitch (a “Platform”).
· Receiving donations via a donation link posted on your profile or in the Video description on a Platform.
How you may distribute
your Video:
Subject to the terms of the applicable EULA and this Streaming Policy, you may create Videos using our Content, and you’re free to distribute such Videos on websites where viewers are permitted to view these Videos without any charge of any kind. We understand that some websites may offer paid services. Provide that the website that hosts these Videos provides a free method to allow viewers to view them, you may distribute the Videos on that website.
What you may not include
in your Video that leverages our Content:
You may not include in any Video (nor anywhere linked near or on the same webpage as the Video) any content that is prohibited as User Content under the EULA and the following:
· Anything that could imply that the Video is produced by us or that we endorse you or your Video (unless you have an endorsement relationship with us as covered by a separate written or other agreement);
· Any information related to cheats, hacks, exploits, bugs, or third-party programs, including links to any of the foregoing; nor
· Uses of our Content that breach applicable law or are derogatory to us or that, in our discretion, may damage the value, goodwill, or reputation of us, our affiliates, our products, Content, or brands.
· Any behavior or conduct that violates public morals and ethics.
Ratings – keep your
Videos appropriate as follows:
Your Video should match the ratings guidelines for the game it relates to and must not in any event contain any content that would violate the “T” rating of the Entertainment Software Rating Board (“ESRB”) or the “16” rating of the Pan European Game Information (“PEGI”).
Disclosure – you must identify us as the copyright holder of our Content and disclaim our endorsement:
In any Video that leverages our Content that you provide, you must include a prominent disclaimer (either at the beginning of the Video or, if live-streaming, near the Video in a visible font) as follows:
· Portions of the content provided here, including trademarks and copyrights and any other intellectual property rights, are owned or held by Proxima Beta Pte. Limited or its licensor(s) (“PBP”) and all rights in and to the same are reserved by PBP. This content is not official PBP content and is not endorsed or approved by PBP.
Some additional
important information:
As solely determined by us, we may
terminate your right to host, distribute or otherwise make available a Video
that leverages our Content for business or other reasons without notice or
liability to you. In such cases, we
may (but do not have to) contact you or applicable websites or Platforms
regarding terminating such rights to any such Video.