End User License
Agreement
Last Updated: April
30, 2024
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 service@pubgmobile.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 http://pubgmobile.proximabeta.com/privacy.html. 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 service@pubgmobile.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 service@pubgmobile.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.
a.
subject to sanctions or export
restrictions maintained by the United Nations, People’s Republic of China,
United States (e.g., the Specially Designated Nationals and Blocked
Persons List (“SDN List”) or the Entity List), the United Nations Security
Council, the United Kingdom (including the Consolidated List of Financial
Sanctions Targets), the European Union and any Member State thereof (including
the Consolidated List of Persons, Groups and Entities Subject to Financial
Sanctions), or any other list of restricted persons maintained by any authority with
jurisdiction over you (any person so listed being a “Restricted Person”);
b.
operating from or located or
resident in a country or territory that is the target of comprehensive
sanctions (“Embargoed Territories”).
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(b), and 13 of this EULA are granted worldwide and for the duration of protection
of intellectual property rights. The licenses defined in Sections 6(a) and 9(b)
of this EULA are granted worldwide and for the duration of this EULA between
you and us.
Legal Warranty: Legal conformity
warranty: In accordance with article L224-25-12 and seq. of the French Consumer
code, we shall provide digital content or a digital service in compliance with
the contract and the criteria set out in Article L. 224-25-14. Where the contract provides for a one-off supply of
the digital content or service, or a series of separate supply operations, we
are liable for any lack of conformity existing at the time of supply and which
appears within two years of the supply. Where the contract provides for the
digital content or digital service to be supplied on a continuous basis, we
shall be liable for lack of conformity which becomes apparent during the period
in which the digital content or digital service is supplied under the contract.
The applicable period does not deprive the consumer of his right to updates in
accordance with the provisions of Article L. 224-25-25.
The starting point of the limitation period for the consumer's action is
the day on which the consumer becomes aware of the lack of conformity. In the event
of lack of conformity, the consumer is entitled to have the digital content or
service brought into conformity or, failing that, to have the price reduced or
the contract rescinded under the conditions provided by the French consumer
code. The consumer also has the right to suspend payment of all or part of the
price or delivery of the benefit provided for in the contract until the
business has fulfilled its obligations in accordance with Articles 1219 and
1220 of the Civil Code.
We will reimburse the sums or other benefit received under the contract to
the consumer without undue delay and at the latest within fourteen days from
the day on which we are informed by the consumer of his decision to exercise
his right to reduce the price or rescind the contract.
The trader shall reimburse these sums using the same means of payment as
the one used by the consumer when the contract was concluded, unless the
consumer expressly agrees otherwise and in any event without any additional
cost.
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:
You
agree that any disputes between us will be handled by binding arbitration governed
by the Federal Arbitration Act.
(a) Governing Law and Forum Choice. This EULA and any
action related thereto, including but not limited to 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 governed by the Federal
Arbitration Act, federal arbitration law, and the laws of the State of
California, without regard to its conflict of laws provisions. Except as
otherwise expressly set forth in this Section 22, the exclusive
jurisdiction for all Disputes (defined below) that you and we are not required
to arbitrate will be the state and federal courts located in the Northern
District of California, and you and we each waive any objection to jurisdiction
and venue in such courts.
US
residents—if there is a dispute between us, we agree we’ll first attempt to resolve
it informally. If we are unable to
resolve our dispute informally, we agree we’ll resolve our disputes through
arbitration (in your home area) instead of through the courts. You also agree
not to participate in a class-action lawsuit against us. (This section is long,
so we’re providing mini-explanations for each part.)
You and we agree that informal efforts to resolve disputes often
can result in a prompt and efficient resolution. We therefore agree that, after
a Notice of Dispute is sent but before either of us commence arbitration, we
will personally meet, via telephone or videoconference, in a good-faith effort to
resolve informally any Dispute. If you are
represented by counsel, your counsel may participate in the conference as well,
but you agree to fully participate in the conference. Likewise, if we are
represented by counsel, our counsel may participate in the conference, but we
will have a company representative fully participate in the conference. The
statute of limitations and any filing fee deadlines shall be tolled while the
parties engage in the informal dispute resolution process required by this
paragraph.
If we do not reach an agreement to resolve the Dispute within
sixty (60) days after the Notice of Dispute is received, either of us may
commence an arbitration proceeding by filing a Demand for Arbitration. You
agree that you may not commence any arbitration unless you and we are unable to
resolve the Dispute within sixty (60) days after we receive your completed
Notice of Dispute and you have made a good faith effort to resolve your claim
directly with us during that time.
(c) Mandatory
Arbitration of Disputes. We
each agree that any Dispute will be resolved solely by final and binding arbitration.
You and we agree that we are each waiving the right to a trial by jury.
Disputes
that qualify for small claims court or relate to the infringement of our
intellectual property do not have to be arbitrated.
(d) Exceptions. As limited exceptions to Section 22(b) above:
(i) instead of initiating an arbitration, either of us may seek to resolve
a Dispute in small claims court if it qualifies; (ii) we each retain the right to seek
injunctive or other equitable relief from a court to prevent (or enjoin) the
infringement or misappropriation of our intellectual property rights; and (iii)
you and we each retain the right to litigate the entitlement to and extent of
public injunctive relief in court. If a
Dispute qualifies for small claims court, but a party commences an arbitration
proceeding, either party may elect instead to have the Dispute resolved in
small claims court, and upon written notice of a party's election, the American
Arbitration Association (“AAA”) will administratively close the arbitration
proceeding. Any disagreement about whether a Dispute qualifies for small claims
court shall be resolved by that court, not by an arbitrator. In the event of
any such dispute, the arbitration proceeding shall remain closed unless and
until a decision by the small claims court that the Dispute should proceed in
arbitration.
The
American Arbitration Association’s Consumer Arbitration Rules will apply.
Arbitration will be near where you live unless we agree otherwise.
(e) Conducting
Arbitration and Arbitration Rules. The arbitration will be conducted by the
American Arbitration Association (“AAA”) under its Consumer Arbitration
Rules (the “AAA Rules”) then in effect, except as modified by this EULA.
The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who
wishes to start arbitration must submit a written Demand for Arbitration to AAA
and give notice to the other party as specified in the AAA Rules. The AAA
provides a form Demand for Arbitration at www.adr.org.
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.
Arbitration
costs are governed by the AAA Rules.
(f) Arbitration
Costs. Payment of all filing, administration and arbitrator fees will
be governed by the AAA Rules, including any fee supplements the AAA issues.
You
agree not to initiate or participate in a class action and only bring claims as
an individual. Your dispute can’t be combined with other people’s claims.
(g) Class
Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further,
if the parties’ dispute is resolved through arbitration, unless you and we both
agree, the arbitrator may not consolidate another person's claims with your
claims, and may not otherwise preside over any form of a representative or
class proceeding. If this specific provision is found to be
unenforceable, then the entirety of this Dispute Resolution (Section 22)
shall be null and void.
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 after determinations of liability are made by the arbitrator.
(h) Injunctive
and Declaratory Relief. The arbitrator may award declaratory or
injunctive relief only in favor of the individual party seeking relief and only
to the extent necessary to provide relief warranted by that party’s individual
claim. To the extent that a party seeks public injunctive relief (that is,
injunctive relief that has the primary purpose and effect of prohibiting
unlawful acts that threaten future injury to the public), the entitlement to
and extent of such relief must be litigated in court and not in arbitration, after
all issues of liability are decided by the arbitrator. You and we agree that
litigation of any issues of public injunctive relief shall be stayed pending
the outcome of the merits of any issues of liability in arbitration.
If a
court decides a part of this section is unenforceable, the rest still applies.
(i) Severability.
With the exception of any of the provisions in Section 22(g) above,
if an arbitrator or court of competent jurisdiction decides that any part of
this EULA is invalid or unenforceable, the other parts of this EULA will still
apply.
(j) Survival. Section 22 survives termination of
this EULA.
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: Notwithstanding 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 liable 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 liability for the consequences of our own acts will not
apply to you, to the extent prohibited by 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.