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
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 firstname.lastname@example.org
(“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.
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.
of information from you and related to the Services (whether obtained through
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
Age. To create a Game Account (as defined below) and access some of our
Services, you must be at least the minimum age for consenting to personal data
collection under the law in your jurisdiction. If you are between the minimum
age for personal data collection and age of majority in your jurisdiction, your
parent or guardian must review this EULA and accept it on your behalf. Parents
and guardians are responsible for the acts of their children under 18 years of
age when using our Services.
We may allow a minor under the
minimum age for personal data collection to register for certain Services with
the verified consent of a parent or legal guardian. The parent/legal guardian
may be asked to provide additional documentation or perform additional actions
as part of the verification and approval process as consistent with applicable
law. We recommend that parents and guardians familiarize themselves with
parental controls on the devices they provide their child.
Creation. To access parts of a Game, you may
need to create an in-game account (your “Game
Account”). Your Game Account, if applicable, is separate from any account
you may have with any App Store (your “App
Store Account”). You may be able to create your Game Account using an
existing account you have with us or your email address. To the extent you create
your Game Account through the use of a third-party account (for example, your
account with Facebook or Google), we may access certain personal information
that this third party provides to us such as your email address and name to
help create your Game Account. Further information about use of third-party
able to play the Game without creating a Game Account, but you may not be able
to access certain parts of the Game, and your Game data may be deleted if you
uninstall or otherwise delete the Game.
Information Current. It’s important that you provide us with
accurate, complete and up-to-date information for your Game Account and you
agree to update such information to keep it that way. If you don’t, we may
suspend or terminate your Game Account. You agree that you will not disclose
your Game Account password to anyone and will notify us immediately of any
unauthorized use of your Game Account. You are responsible for all activities
that occur under your Game Account, whether or not you know about them. If you believe that
your Game Account is no longer secure, then you must immediately notify us at
our Support Email Address.
You may not sell, resell, rent, lease, share or
provide access to your Game Account to anyone else. We reserve all available
legal rights and remedies to prevent unauthorized use of our Services,
including, but not limited to, technological barriers, IP mapping, and, in
serious cases, directly contacting your Internet Service Provider (ISP)
regarding such unauthorized use.
Accounts. You may not create a Game Account
for anyone else or create a Game Account in a name other than your own.
License and Use of the Services
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.
Content You Create
Outside the Services.“User Content” means any Content that
you (or other Game Account holders) create or obtain outside the Services that
you or another user makes available within the Services. To be clear, if
Content is created within the Services, it is not User Content; only
Content created or obtained from outside the Services that a user then
makes available within the Services is User Content. By making any User Content
available through the Services you hereby grant to us the following license: a
non-exclusive, transferable, worldwide, royalty-free license, with the right to
sublicense, to use, copy, modify, create derivative works based upon,
distribute, publicly display, and publicly perform your User Content in
connection with operating and providing the Services and Content to you and to
other users of the Services. Except to the extent prohibited by law, you waive
the benefit of any “moral rights” or “droit moral” or similar rights in any
country to any User Content. We may, in
our sole discretion, remove, edit or disable any User Content at any time and for
any reason, including if we determine that the User Content violates this EULA.
We do not assume any responsibility or liability for User Content, for removing
it, or not removing it or other Content. We do not pre-screen or review any User
Content and do not approve or endorse any User Content that may be available on
the Services or our other services.
Service Limits Based
on Where You Live.
We may restrict, modify, or limit your access to and use of certain
Content, Virtual Goods, an entire Game, or any or all of the Services depending
on the territory in which you are located. Without limiting the foregoing, Content, Virtual Goods, entire Games, or the Services may not be available (in whole or in part)
where you are located or may only be available in a modified version, if
they do not comply with the laws which apply in your country.
Retail Purchase. We may offer codes or product keys that can be activated in a Game
or used to activate a Game on the App Store. Subject to
foreign exchange control regulations applicable in your jurisdiction, such codes or
keys must be purchased (or otherwise obtained legally) through us or one of our
authorized retailers to be valid. If you purchase such a code or key from a
third party, that third party is responsible for addressing any issues you have
with these codes or keys. Subject to applicable 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.
Requirements. The Game may have minimum
requirements for the devices and systems on which you wish to play the Game. We
may publish these minimum requirements on the applicable website and/or
otherwise notify you in writing. For an optimal experience, please ensure that
your devices and systems will meet these requirements before playing the Game.
Seizure Warning. The Game may contain flashing lights, images, and other luminous
stimulations which may induce epileptic seizures in certain individuals. If you
or anyone in your household has an epileptic condition, please consult your doctor
before playing any Game. If you experience dizziness, altered vision, eye or
muscle twitches, loss of awareness, disorientation, any involuntary movement,
or convulsions while playing, please immediately discontinue playing the Game and
consult your doctor.
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,
use them commercially, for a
promotional purpose, or for the benefit of any third party or in any manner not
permitted by this EULA;
use, or provide, any unauthorized
third-party programs that intercept, emulate, or redirect any communication
between the Services and us or that collect information about the Game;
use, or provide ancillary offerings
to anyone, that are not offered within the Services by us (or the functionality
of the App Store), such as hosting, “leveling” services, mirroring our servers,
matchmaking, emulation, communication redirects, mods, hacks, cheats, bots (or
any other automated control), trainers and automation programs that interact
with the Services in any way, tunneling, third party program add-ons, and any
interference with online or network play;
access or use them on more than one
device at a time;
copy, reproduce, distribute, display,
mirror, frame or use them (or any of our other materials, intellectual
property, or proprietary information) in a way that is not expressly authorized
in this EULA;
sell, rent, lease, license,
distribute, or otherwise transfer the Services, Game or any Content, including,
without limitation, Virtual Goods or Game Currency, including participating in
or operating so called “secondary markets” for Virtual Goods, Game Currency or
attempt to reverse engineer (except
as otherwise permitted by applicable local law), derive source code from,
modify, adapt, translate, datamine, decompile, or disassemble or make
derivative works based upon the Services or any Content;
remove, disable, circumvent, or
modify any technological measure we implement to protect them or any of their
associated intellectual property;
create, develop, distribute, or use
any unauthorized software programs to gain advantage in any online or other
game modes or otherwise Cheat (as defined below);
attempt to probe, scan or test its
vulnerability or breach any security or authentication measures;
access, tamper with, or use
non-public areas of the Services;
trespass, or attempt to gain access
to a property or location where you do not have permission to be or engage in
any activity that may result in injury, death, property damage, nuisance or other
upload, publish, submit or transmit
any User Content, create a user name or account name, or otherwise engage in
any behavior that: (i) infringes, misappropriates or violates a third party’s
patent, copyright, trademark, trade secret, contractual rights, moral rights or
other intellectual property rights, or rights of publicity or privacy, or any
other rights of third parties; (ii) violates, or encourages any conduct that
would violate any applicable law or regulation or would give rise to civil
liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is grossly
harmful, racially or ethnically objectionable, disparaging, blasphemous,
libelous, defamatory, obscene, pornographic, paedophilic, vulgar or
offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or
harm against any individual or group; (vi) is violent, bullying, or threatening
or promotes violence, money laundering or gambling, terrorism, or actions that
are threatening or disrespectful to any person or entity; (vii) harms minors in
any way; or (viii) promotes illegal or harmful activities or substances;
engage in any behavior that: (i)
violates, or encourages any conduct that would violate any applicable law or
regulation or would give rise to civil liability; (ii) is fraudulent, false,
misleading or deceptive, including “trolling;” (iii) is defamatory, obscene,
pornographic, vulgar or offensive; (iv) promotes discrimination, bigotry,
racism, hatred, harassment or harm against any individual or group; (v) is
disruptive to the Game, App, its users or user community, is violent, bullying, or threatening or promotes
violence, terrorism, or actions that are threatening or disrespectful to any
person or entity; or (vi) promotes illegal or harmful activities or substances;
interfere with, or attempt to
interfere with, the access of any user, host or network, including, without
limitation, sending a virus, overloading, flooding, spamming, or mail-bombing
the Services or any of its users;
collect or store any information that
could be used to identify an individual, either itself or combined with other
information, from the Services from other users of the Services without their
behave in a manner which is
detrimental to the enjoyment of the Services by other users as intended by us,
in our sole judgment, including, without limitation, harassment, use of abusive
or offensive language, game abandonment, game sabotage, spamming, behaving in a
disruptive manner, social engineering, or scamming, or contrary to public
morals or public policy;
impersonate or misrepresent your
affiliation with any person or entity, or deceives or misleads the addressee
about the origin of such messages or communicates any information which is
grossly offensive or menacing in nature;
use IP proxying or other methods to
disguise the place of your residence, whether to circumvent geographical
restrictions on the Services or for any other purpose;
play on another person’s Game Account
to “boost” that Game Account’s status, level or rank;
use the Services in any way that
would affect us adversely or reflect negatively on us or the Services or
discourage any person from using all or any portion of the features of the Services;
encourage, promote, take part in or
enable anyone else to do any of the foregoing; or
violate any applicable law or
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
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
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
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.
Obtaining Virtual Goods and Game Currency. Subject
to applicable foreign exchange control regulations in your jurisdiction, we may
offer certain upgrades and options within our Games that you can buy with real
world currency, including, but not limited to, in-game currency where permitted
under applicable law (“Game Currency”),
character skins, mounts and vehicles, digital cards, experience boosts, gear and
other customizations for your in-Game characters, and other such digital add-on
items that may improve your Game experience in some way (“Virtual Goods”). Except as otherwise communicated to you within the
functionality of the Game, Game Currency and Virtual Goods are not transferable
from one Game to another. You may also be able to obtain certain Virtual Goods
and Game Currency without making a purchase, such as an in-Game award. When you
purchase Game Currency, Virtual Goods, or a Game itself (each, a “Transaction”), your purchase will be
made through the functionality available through the App Store or other
platforms we make available to you. Prior to making a Transaction, you should
make sure you fully understand the agreement that covers your Transaction,
whether that agreement is an App Store Agreement or another payment platform
agreement (like our WeGame Platform or a third-party payment processor’s terms).
There may be limits to the quantity and number of times you can purchase
Virtual Goods, Game Currency, or other aspects of your Transaction. For
example, there may be a maximum amount of Game Currency you are able to hold
(in-Game) or purchase at a given time, or a maximum number of Transactions you
may make per day; these additional restrictions may be communicated to you via
the functionality of the Services. We may, from time to time, modify, amend, or
supplement our fees, billing methods and terms applicable to Game Currency,
Virtual Goods or to any purchases, and post those changes in this EULA, in
separate terms and conditions or in other terms or agreements posted on the
applicable website or as part of the Game or otherwise provided to you by us. Except
where prohibited by law in your jurisdiction, such modifications, amendments,
supplements or terms shall be effective immediately upon posting and shall be
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.
Your License to
Virtual Goods and Game Currency. Virtual Goods and Game Currency are digital items and your use
of them is governed by this EULA and the App Store Agreement(s). VIRTUAL GOODS AND GAME CURRENCY HAVE NO
MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. VIRTUAL GOODS AND GAME CURRENCY
ARE NON-TRANSFERABLE AND NON-TRADABLE, IN WHOLE OR PART, AND ARE NOT PROVIDED
FOR INVESTMENT PURPOSES. Virtual Goods and Game Currency are licensed, not sold. Provided you
comply with the terms of this EULA and the App Store Agreement(s), we grant you
the following license: a personal, non-exclusive, non-transferable,
non-sublicensable limited right and license to use any Virtual Goods or Game
Currency you gain access to, whether purchased or otherwise obtained, solely in
connection with your use of the Game in
and within the Game (unless we otherwise communicate to you that you may use
them in multiple Games) and for no other purpose. Unless, expressly permitted by us in a
specific Game, you may not trade any such Virtual Good or Game Currency with
others. We may cancel, revoke, or otherwise prevent the use of Virtual Good or
Game Currency if we suspect any unauthorized or fraudulent activity, and/or to
correct any erroneous application of any Virtual Goods or Game Currency to your
Changes to Game
Currency and Virtual Goods. Except as otherwise prohibited 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, without notice or liability to you, such as if we
need to temporarily suspend the Game to make updates, have an emergency that
requires us to disable our Services, or if we need to ultimately shut a Game
down for economic or other reasons due to a limited number of users continuing
to make use of the online Service over time. YOU AGREE THAT YOU WON’T ASSERT OR
BRING ANY CLAIM AGAINST US, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, OR LICENSORS (THE “COMPANY PARTIES”)
RELATING TO (A) A CLAIM THAT YOU HAVE A PROPRIETARY INTEREST IN ANY GAME
CURRENCY OR VIRTUAL GOODS; OR (B) A CLAIM FOR AN ALLEGED MONETARY VALUE OF GAME
CURRENCY OR VIRTUAL GOODS LOST UPON (I) DELETION OR SUSPENSION OF YOUR ACCOUNT,
(II) ADJUSTMENTS TO THE GAME THAT RESULT IN THE VALUE OF VIRTUAL GOODS OR GAME
CURRENCY CHANGING, OR (III) MODIFICATION, TERMINATION OR EXPIRATION OF THIS
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:
We may automatically delete or
modify the information stored on your computer related to the Beta for any
reason at any time during the duration of the Beta test;
We may terminate the Beta test
at any time, which would then render your Beta unplayable or unable to function
properly. When we terminate a Beta, you must delete the local Beta instance on
your computer and all documents and materials you received from us in
connection with the Beta;
Use of a Beta is subject to
confidential treatment of that Beta and all elements thereof.
"Confidential Information" means any information disclosed by us to
you, or accessed or provided by you, in relation to the Beta (including any
feedback provided and the Game itself). You agree that you will:
not use any Confidential
Information other than as necessary to use the Beta in accordance with this EULA;
Information in strict confidence and use the same degree of care to protect it
as you use to protect your own confidential information, but in no
circumstances less than reasonable care;
not disclose the Confidential
Information to any person or entity other than as permitted by us; and
not make any public
announcements related to Beta or the Service, including publishing or disclosing
any information (e.g. screenshots and specifications) relating to the Beta,
without our prior written approval, which we may grant or withhold in our sole
Termination of a Beta by us is
not grounds for any kind of refund and your participation in a Beta does not
entitle you to any compensation or any free Services, including any Content and
Game Currency; and
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
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
Outside links are for your convenience, but we can’t guarantee
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.
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:
LOSS OF DATA, OR
ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES,
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.
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
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
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
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.
sections will survive termination of this EULA: 8 (first two
sentences only), 13, 19, 20, 22 through 25, and this
sentence of Section 21.
This section only applies if you are
accessing, using, or have purchased the Services in the United States.
You agree that any disputes between us will be handled by binding
arbitration under California law.
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 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.)
Location of Arbitration. If you are a resident of
the United States, any arbitration will take place in your county of residence,
to the exclusion of all other venues.
Disputes that qualify for small claims
court or relate to the infringement of our intellectual property do not have to
Exceptions. As limited exceptions to Section 22(b) above: (i) we may both
seek to resolve a Dispute in small claims court if it qualifies; and (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
The American Arbitration Association’s
Consumer Arbitration Rules will apply. Arbitration will be near where you live
unless we agree otherwise.
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.
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.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be
governed by the AAA Rules. We’ll pay for all filing, administration and
arbitrator fees and expenses if your Dispute is for less than $10,000, unless
the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll
pay all of our attorneys’ fees and costs and won’t seek to recover them from
you prevail in arbitration you will be entitled to an award of attorneys’ fees
and expenses to the extent provided under applicable 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.
Injunctive and Declaratory Relief. Except as
provided in Section 22(d) above, the arbitrator shall determine all issues of
liability on the merits of any claim asserted by either party and 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 you or we prevail on a claim and
seek 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
a civil court of competent jurisdiction and not in arbitration. You and we agree
that litigation of any issues of public injunctive relief shall be stayed
pending the outcome of the merits of any individual claims in arbitration.
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.
Severability. With the exception of any of the provisions in Section 22(h) 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
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
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.
Agreement. This EULA and any other document or information referred to in
this EULA constitutes the entire and exclusive understanding between you and us
regarding the Services and supersede any and all prior oral or written
understandings or agreements between you and us regarding the Services.
Language. The original language of this EULA is in English; any translations
are provided for reference purposes only. To the maximum extent permitted by
applicable law, you waive any right you may have under the law of your country
to have this EULA written or construed in any other language.
Severability. This EULA describes certain legal rights. You may have other
rights under the laws of your jurisdiction. This EULA does not change your
rights under the laws of your jurisdiction if the laws of your jurisdiction do
not permit it to do so. As noted above, limitations and exclusions of
warranties and remedies in this EULA may not apply to you because your
jurisdiction may not allow them in your particular circumstance. In the event
that certain provisions of this EULA are held by a court or tribunal of
competent jurisdiction to be unenforceable, those provisions will be enforced
only to the furthest extent possible under applicable law and, with the
exception of any provisions in Section 22(h), the
remaining terms of this EULA will remain in full force and effect.
No Waiver. Your and our
actions or inactions will not create any other rights under this EULA except as
what is explicitly written within this EULA.
Our failure to enforce any right or provision
of this EULA will not be considered a waiver of such right or provision. The
waiver of any such right or provision will be effective only if in writing and
signed by one of our duly authorized representatives. Except as expressly set
forth in this EULA, the exercise by either party of any of its remedies under
this EULA will be without prejudice to its other remedies under this EULA or
Rights. Except as described in Section 12, a
person who is not a party to this EULA will have no right under to enforce any
of its terms.
If you have any
questions about this EULA or the Game, please contact us at our Support Email
Schedule B-1: App
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
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.
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
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
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
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.
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.