END USER LICENSE AGREEMENT
Last updated: September 5, 2024
This end user license agreement (this "EULA") is a legally binding agreement between you and our Affiliates (as defined below) ("we", "our" or "us"). By installing, using or otherwise accessing our services, you agree to the terms and conditions of this EULA. If you do not agree to any term of this EULA, please do not install, use or otherwise access our services. Your right to use our services is subject to your compliance with all of the terms and conditions set forth herein.
This EULA was written in English. To the extent any translated version conflicts with the English version, the English version controls.
This EULA applies specifically to:
- The registration and use of Your Account (as defined below);
- Your downloading, installing and/or using our games (including but not limited to PC games, web games, HTML5 games, mobile games, television/tablet games and any other form of games), including but not limited to any connected software, networks or services and any Updates (as defined below) we may make available to you (together, the "Software");
- Your access to services that are made available by us in relation to the Software (the "Services");
- Any Virtual Goods and Virtual Currency (each as defined below); and
- Any other text, images, graphics, photos, sounds, music, videos, audiovisual combinations, interactive content and any other media, content or information that may be made available to you through the Services (together, the "Content", and together with the Software, Services, Virtual Goods, Virtual Currency, the "Licensed Items").
You must only use the Licensed Items:
- if you are a "natural person" (corporations, limited liability companies, partnerships and other legal or business entities may not use the Licensed Items), and you are not an individual specifically prohibited by us from using the Licensed Items;
- if you agree to this EULA;
- if you can lawfully enter into this EULA with us in accordance with applicable laws and regulations; and
- if applicable laws and regulations permit you to use the Licensed Items where you are when you use them.
You must comply with this EULA in your use of the Licensed Items and only use the Licensed Items as permitted by applicable laws and regulations, wherever you are when you use them. Please review this EULA and our policies and instructions to understand how you can and cannot use the Licensed Items.
If you are under the age of 13, you must not open an account and must not use any Licensed Items. If you are not an "adult" (as defined in the applicable in your jurisdiction), your parent or guardian must agree to this EULA (both for themselves and on your behalf) before you can use Your Account or any Licensed Items. If you are a parent or guardian, you accept responsibility for the user of Your Account and the Licensed Items, including but not limited to any payments, fees and charges relating to the Licensed Items, and you shall be responsible for monitoring and controlling the minors' access to our Services if our Services are not suitable for minors pursuant to the applicable game rating systems.
YOUR PRIVACY
Our PRIVACY POLICY, which is a part of this EULA, sets out how we collect, store and use your personal information which you provide while you use Your Account, the Licensed Items and our Services.
CHANGES TO THE LICENSED ITEMS, THIS EULA AND THE PRIVACY POLICY
We may make changes to this EULA over time, so please come back and review them.
In addition, we may from time to time (and to the extent permitted by applicable laws and regulations) add, change or remove features from the Licensed Items (regardless of whether or not any particular Licensed Item is free of charge or not), or suspend or terminate use of the Licensed Item altogether.
By continuing to use the Licensed Items after we make any changes to this EULA, with or without notice from us, you are agreeing to be bound by the revised EULA.
LICENSE TO USE THE LICENSED ITEMS
The Licensed Items are property belonging to us and our licensors. They are protected by copyright laws and other intellectual property rights laws worldwide as set out in the "Our Intellectual Property Rights" section below.
Software License
Subject to the terms of this EULA, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable (except as provided below) and revocable license, under which you may:
- use the Software in object code format only on your own devices for your own personal and non-commercial use in accordance with any instructions, user guides, FAQs or other requirements specified by us from time to time (the "Instructions") and this EULA; and
- use the Services, subject to the "Services License" section below.
Services License
Where Services are made available as part of your use of Software under this EULA, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable and revocable License to use the Services in accordance with the Instructions and this EULA.
You may be able to create certain content within the Services, such as gameplay videos or additional game characters. Such content is subject to the "Your Content" section below.
Virtual Goods and Virtual Currency License
Where Software enables you to purchase or acquire Virtual Goods and/or Virtual Currency, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable and revocable License to use the Virtual Goods and Virtual Currency in accordance with the Instructions and this EULA, in particular the terms set out in the "Virtual Goods and Virtual Currency" section below.
Content License
Under the terms of this EULA we grant you a limited, personal, non-exclusive, non-sublicensable, revocable right to access and use the Content through the means provided in the Software or the relevant Service for your use.
Your Content
When you submit, upload, transmit or display any data, information (other than your personal information, which we will collect, use and store pursuant to terms of the Privacy Policy), media or other content in connection with your use of our Services ("Your Content"), you understand and agree that:
- you will continue to own and be responsible for Your Content;
- you are giving us and our Affiliates the right to use Your Content (with no fees or charges payable by us to you) including but not limited to the right to create derivative works of, to publicly display, to reproduce, and to publicly perform Your Content, for the purposes of providing, promoting, developing and trying to improve our Services, including but not limited to our relevant Services that you submitted Your Content in and any other services that we may provide now or in the future;
- we may use the name that you submit in connection with Your Content (whether that be Your Account name, real name or otherwise);
- in using Your Content for these purposes, we and our Affiliates may copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide in all media and by all distribution methods, including but not limited to those that are developed in the future, provided that they are incorporated into our Services which you use;
- we may share Your Content with third parties that we work with to help provide, promote, develop and improve our Services, but we will not sell Your Content to such third parties (other than our Affiliates) for their use for their own purposes (i.e. for any purposes that are not related to our Services); and
- you will comply with the Instructions and this EULA, in your submission of Your Content.
In addition, you agree that we and our Affiliates (subject to this EULA, our Privacy Policy and applicable laws and regulations):
- are allowed to retain and continue to use Your Content after you stop using our Services - for example, where you have shared Your Content with other users of our Services;
- may be required to retain or disclose Your Content in order to comply with applicable laws or regulations, or in order to comply with a court order, subpoena or other legal process, or we and our Affiliates may disclose Your Content in response to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); and
- may need to disclose Your Content (including but not limited to any information relating to Your Account) in order to enforce this EULA, protect our rights, property or safety, or the rights, property or safety of our Affiliates or other users of our Services.
You understand that even if you seek to delete Your Content from our Services, it may as a technical and administrative matter take some time or not be possible to achieve this – for example, we may not be able to prevent any third party from storing or using any of Your Content that you have made public via our Services.
We reserve the right to block or remove Your Content for any reason, including but not limited to as is in our opinion appropriate or as required by applicable laws and regulations.
"Affiliate(s)" with respect to a legal entity (such as a corporation, partnership, or limited liability company) shall mean any other legal entity that controls, is controlled by or, is under common control with such legal entity. For the purposes of this definition, the term "control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such legal entity, whether through the ownership of voting securities or by contract.
Responsibility for Your Content
You are solely responsible for Your Content and we recommend that you keep a back-up copy of it at all times. You must at all times ensure that: (i) you have the rights required to submit, transmit or display Your Content, and to grant us the rights as set out in this EULA; and (ii) Your Content (and our use of Your Content in accordance with this EULA) does not infringe or violate the rights of any person or otherwise contravene any applicable laws or regulations.
Monitoring and Prohibited Activities
We have no obligation to monitor Your Content and we are not responsible for monitoring the Services for inappropriate or illegal Content or conduct by other players. However, we do reserve the right, in our sole discretion, to monitor and/or record your interactions with the Services and other players (including but not limited to chat text and voice communications) when you are using the Services.
You agree not to engage in any of the following prohibited activities on or in relation to our Services, or allow any person to use Your Account to do the same:
- Impersonate any person or misrepresent your affiliation with any person or entity in registering an account (including but not limited to by creating a misrepresentative account name or accessing another user's account) or in making any communications or sharing or publishing any content or information using our Services.
- Name squat via Your Account name in a way that infringes any third party's intellectual property rights or other rights.
- Send any unsolicited, unauthorized spam (such as spam comments in our social media services), advertising or promotional messages, or any other commercial communications.
-
Use our Services for any commercial purpose or for the benefit of any third party, except as expressly permitted by this EULA or otherwise authorized by us from time to time, including but not limited to any of the following activities:
- Use our Services for any esports or group competition sponsored, promoted or facilitated by any commercial or non-profit entity;
- Making postings about a product or service offered by you or by any company in which you hold a direct or indirect interest;
- Making postings about a product or service that directly competes with a product or service offered by you or by any company in which you hold a direct or indirect interest;
- Making postings (whether written by you or anyone else) in exchange for money or other benefits or compensations from any third party;
- Posting information about product or shipping availability from third party suppliers, whether such third parties are in competition with us or not;
- Making any other postings not in good faith.
-
Submit, upload, transmit or display, through our Services, any content (whether displayed publicly or not, and whether displayed directly or indirectly to any other users) which in fact or in our reasonable opinion:
- Breaches any laws or regulations (or may result in a breach of any laws or regulations when used in a manner permitted by this EULA);
- Creates a risk of loss or damage to any person or property;
- Is fraudulent, false, misleading or deceptive;
- Harms or exploits any person (whether adult or minor) in any way, including but not limited to via bullying, harassment or threats of violence;
- Is hateful, harassing, abusive, racially or ethnically offensive, defamatory, humiliating to other people (publicly or otherwise), threatening, profane or otherwise objectionable;
- Promotes or encourages self-harming;
- Infringes our rights or any third party's rights, including but not limited to any intellectual property rights, contractual rights, confidentiality rights or privacy rights;
- Is pornographic, sexually explicit, violent or otherwise of an indecent or offensive nature;
- Encourages or is likely to encourage any of the above.
- Violate any applicable laws or regulations, including but not limited to credit card fraud or bank account fraud.
- Engage in any illegal or potentially illegal (as determined by us) activities or transactions, including but not limited to sale of any illicit drugs or money laundering.
- Gamble, provide gambling information or entice others to engage in gambling through any method.
- Use or exploit any of our intellectual property rights (including but not limited to our trademarks, brand name, game character design, music, image, video, storyline, logo, domain names, distinctive brand features, and any other of our proprietary information or the layout or design of any page), or otherwise infringe on any of our intellectual property rights (including but not limited to attempting to reverse engineer any applications or software used to access our Services).
- Access any of our Services, collect or process any content made available through our Services, send or redirect any communications through our Services, in each case, through the use of any automated bots, software, engines, crawlers, scrapers, data mining tools or the like, or attempt to do any of the foregoing, including but not limited to using any automated means to artificially promote any content.
- Engage in any "framing", "mirroring," or other techniques directed at simulating the appearance or function of our Services.
- Interfere with, or attempt to interfere with, any user's or any other party's access to our Services.
- Intentionally distribute viruses, worms, Trojan horses, corrupted files or other malicious code or items.
- Share or publish any other person's personally identifiable information using our Services without their express consent.
- Probe or test the vulnerability of, or otherwise circumvent (or attempt to circumvent) any security features on, our Services, our systems or the systems of other users.
- Create multiple accounts for disruptive or abusive purposes.
- Engage in any other activity that encourages any person or entity to breach this EULA.
Restrictions on Your Use of the Licensed Items
You and any other person you permit may not:
- Use the Licensed Items in a way that breaches this EULA or violates any applicable laws and regulations;
- Use the Licensed Items to gain unauthorized access to any system, account, or data;
- Sub - license, rent, lease, or sell the Licensed Items;
- Charge others directly or indirectly for using or accessing the Licensed Items;
- Imply our support or endorsement of any product, service, or content;
- Transmit unauthorized communications through the Licensed Items;
- Make the Licensed Items publicly available or accessible on a network for copying, downloading, or use by others;
- Remove, obscure, or modify any copyright, trademark, or other proprietary rights notice;
- Misrepresent the source or ownership of the Licensed Items;
- Copy, reproduce, adapt, modify, or create derivative works of the Licensed Items, except as expressly permitted by this EULA;
- Use the Licensed Items to develop or operate any competing products or services;
- Use the Licensed Items in a way that may damage, disable, overburden, or impair our servers, networks, or other infrastructure;
- Use the Licensed Items in a way that may interfere with or disrupt the proper functioning of our Services or the experience of other users;
- Attempt to reverse - engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software, except to the extent permitted by applicable law;
- Use any automated means to access or interact with the Licensed Items in a way that violates this EULA or our policies;
- Use the Licensed Items for any illegal, unethical, or malicious purpose.
Technical Measures
We may use technical measures to protect the Licensed Items, including but not limited to encryption, digital rights management, and access controls. You may not attempt to bypass, circumvent, or disable any such technical measures without our prior written consent.
Your Account
You may need to create an account to use some or all of the Licensed Items. When creating an account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other security breach.
We reserve the right to suspend, terminate, or limit your account access at any time, with or without notice, for any reason, including but not limited to your violation of this EULA, our policies, or applicable laws and regulations.
Our Intellectual Property Rights
All intellectual property rights in the Licensed Items, including but not limited to copyrights, trademarks, patents, trade secrets, and other proprietary rights, are owned by us or our licensors. You acknowledge and agree that you have no ownership rights in the Licensed Items, except for the limited license rights granted to you under this EULA.
You may not use, copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, or otherwise exploit any of our intellectual property rights without our prior written consent, except as expressly permitted by this EULA.
Third - Party Content and Services
The Licensed Items may include or provide access to third - party content, services, or links. We are not responsible for the accuracy, legality, or quality of any third - party content or services. Your use of third - party content or services is subject to the terms and conditions of the third - party provider, and you should review those terms and conditions carefully before using any third - party content or services.
Disclaimer of Warranties
The Licensed Items are provided "as is" and "as available" without any warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non - infringement. We do not warrant that the Licensed Items will meet your requirements, operate without interruption, be error - free, or be secure.
Limitation of Liability
To the fullest extent permitted by applicable law, we and our Affiliates, officers, directors, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Licensed Items, including but not limited to damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, even if we have been advised of the possibility of such damages.
Indemnification
You agree to indemnify, defend, and hold us and our Affiliates, officers, directors, employees, agents, and licensors harmless from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Licensed Items, your violation of this EULA, or your violation of any applicable laws and regulations.
Termination
This EULA will remain in effect until terminated. We may terminate this EULA at any time, with or without notice, for any reason, including but not limited to your violation of this EULA. Upon termination of this EULA, you must immediately cease all use of the Licensed Items and destroy all copies of the Licensed Items in your possession or control.
Severability
If any provision of this EULA is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will in no way in any way be affected or impaired.
Entire Agreement
This EULA constitutes the entire agreement between you and us with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, oral or written, relating to the same.
Assignment
You may not assign this EULA or any of your rights or obligations under this EULA without our prior written consent. We may assign this EULA or any of our rights or obligations under this EULA at any time without your consent.
Amendments
We may amend this EULA from time to time by posting the revised EULA on our website. Your continued use of the Licensed Items after the effective date of the revised EULA will constitute your acceptance of the revised EULA.
Governing Law and Jurisdiction
This EULA shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of laws principles. Any disputes arising out of or in connection with this EULA shall be subject to the exclusive jurisdiction of the courts of [Jurisdiction].
Contact Us
If you have any questions or concerns about this EULA, please contact us at .