End
User License Agreement
Last
Updated: 2021-12-30
TABLE
OF CONTENTS
1. A few
important notices—arbitration, refunds, class actions 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 – United States
US residents - We want to be super upfront about three important things: First, by using our services you are agreeing to arbitrate almost all disputes rather than have them heard in a court of law or by a jury. Second, if you are in the US you are agreeing not to participate in a class action lawsuit against us. Third, unless otherwise stated herein and to the extent allowed by law, all purchases are non-refundable.
IMPORTANT NOTICE REGARDING ARBITRATION FOR US
RESIDENTS: 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. PLEASE REVIEW CAREFULLY SECTIONS 22 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING
ARBITRATION. THIS EULA ALSO INCLUDES
A WAIVER OF RIGHTS BY YOU TO BRING A CLASS ACTION AGAINST US AND 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 language on the EULA website.
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. “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
(“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 Support
Email Address.
Our Service including our Content and Games
is 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 Support Email Address 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 any and 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 agree that any disputes between us will be handled by binding arbitration under California law.
US residents—if there is a dispute between us, we agree we’ll resolve it through arbitration (in your home area) instead of through the courts. You are also agreeing not to participate in a class-action lawsuit against us. (This section is long, so we’re providing mini-explanations for each part.)
Disputes that qualify for small claims court or relate to the infringement of our intellectual property do not have to be arbitrated.
The American Arbitration Association’s Consumer Arbitration Rules will apply. Arbitration will be near where you live unless we agree otherwise.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
Unless your claim is frivolous or for more than $10,000, we’ll pay the filing, administration, and arbitrator fees. We won’t seek attorney fees from you, but if you win you can seek them from us to the extent allowed by law.
Except for Section 22(d), the arbitration may only award injunctive relief for the party seeking injunctive relief, and to the extent necessary to provide that relief. Any public injunctive relief sought must be litigated in a civil court.
You agree not to participate in a class action and only bring claims as an individual. Your dispute can’t be combined with other people’s claims.
If a court decides a part of this section is unenforceable, the rest still applies.
You cannot transfer or assign this EULA to anyone else.
You may not assign or transfer this EULA, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this EULA, without such consent, will be null and void. Notwithstanding the title of this Section, we may freely assign or transfer this EULA without restriction. Subject to the foregoing, this EULA will bind and inure to the benefit of the parties, their successors and permitted assigns.
This EULA is our whole agreement (no outside promises). The
official version is English. If parts of this EULA don’t apply, the rest
remains as much as possible. If we don’t enforce part of this EULA, it doesn’t
mean we won’t in the future or we won’t enforce our other rights. Also, except
for App Stores, no one other than you or us can enforce this EULA.
If you have any
questions about this EULA or the Game, please contact us at our Support Email
Address.
Schedule 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.