1 About these Terms
1.1 If you do not agree to these Terms or any future updated version of them then you must not access and/or use, and must cease all access and/or use of, any of our Services. If we require that any future update to these Terms requires any action from you in order to accept the updated Terms, then you may not be able to continue to use the Services until you have taken such action.
1.2 These Terms represent a legal agreement between you and 9JA.io Limited. The parties intend that the Terms of this agreement inure to the benefit of 9JA’s Affiliates (as defined in paragraph 21.2 below).
1.3 By clicking “Accept” on the Game’s pop-up screen, or installation page, 9JA’s webpage, or downloading, installing, accessing or using the Services, you confirm that:
1.3.2 you are at least 13 years old, or else you must not use our Services. If you are the parent or guardian of a minor aged 13 or older (depending on the applicable laws of your country), you are agreeing to these Terms on your behalf and on behalf of your minor(s) who you have authorized to use the Service pursuant to these Terms.
1.4 FOR RESIDENTS IN THE USA: IMPORTANT NOTICE: THESE TERMS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW IN PARAGRAPH 21.
1.5 In these Terms references to “9JA“, “we“, “us” and “our” are references to 9JA.io Limited as well as 9JA.io Limited’s Affiliates where appropriate.
1.7 YOU MUST BE AND HEREBY AFFIRM THAT YOU ARE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OR STATE OF RESIDENCE. If you are under the legal age of majority and over the age of 13, your parent or legal guardian must consent to these Terms as set out in paragraph 1.3.
1.8 You can access the latest version of these Terms at any time at https://9ja.io/terms-of-use/. We can make changes to these Terms at any time in accordance with paragraph 17 below and, except in relation to any amendment to paragraph 21 (Binding Arbitration and Class Action waiver) below, your continued use of our Services after the Terms have been updated shall confirm your acceptance of the updated Terms.
2 About accessing and using our Services
2.1 The specific game rules, scoring rules, controls and guidelines for each Game can be found within the Game itself. Such rules, scoring rules, controls and guidelines form part of these Terms and you agree that you will comply with them in respect of each individual Game which you choose to access and/or play.
2.2 You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.
2.3 There may be times when our Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis. See paragraph 8 below for more information.
3.1 When using our Services you may choose to, and in some instances you will be required to, create an account with us (“9JA Account“). If you do create a 9JA Account with us, you agree that you will take all steps necessary to protect your log in details and keep them secret. If you do not create a 9JA Account, your game play and any Virtual Content purchased or earned will not be accessible from any other device, and will not be restored to a different device if you lose, damage or change your device.
3.2 You agree that you will not give your login details to anyone else or allow anyone else to use your login details or 9JA Account.
3.3 In these Terms, references to “login details” or “9JA Account” include your login details and account for any social network or platform that you may allow our Services to interact with.
3.4 We will be entitled to assume that anyone logging into your 9JA Account using your login details is you and not anybody else. If you fail to keep your login details secret, or if you share your login details or 9JA Account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.
3.5 We will not be responsible to you for any loss that you suffer as a result of any other person accessing your 9JA Account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.
3.6 We reserve the right to delete your 9JA Account if no activity is conducted by you in relation to the 9JA Account for 180 or more days. In such an event, you may no longer be able to access and/or use any Virtual Money and/or Virtual Goods (as defined below) associated with that 9JA Account and no refund will be offered to you in relation to the same.
3.7 You understand that if you delete your 9JA Account, or if we delete your 9JA Account in accordance with these Terms, you may lose access to any data previously associated with your 9JA Account (including, without limitation, your progress through our Games and/or the level or score you have reached in our Games and any Virtual Money or Virtual Goods associated with your 9JA Account). We have no obligation to reinstate your 9JA Account or be liable for any loss of data if you delete your 9JA Account, or if we delete your 9JA Account in accordance with these Terms.
3.8 YOU ACKNOWLEDGE AND AGREE THAT YOU WILL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY 9JA ACCOUNT THAT YOU CREATE USING ANY OF OUR SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY 9JA ACCOUNT AT ANY TIME FOR ANY REASON (SUCH AS CEASING A GAME FOR ECONOMIC REASONS DUE TO A LIMITED NUMBER OF USERS CONTINUING TO MAKE USE OF THE GAME OVERTIME) OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.
3.9 Your 9JA Account is personal to you and you are not entitled to transfer your 9JA Account to any other person.
4 Virtual Content
4.1 Our Games may include virtual currencies such as gold bars and gems (“Virtual Money“), items or services for use within our Games (“Virtual Goods“) or paid subscriptions for Virtual Money, Virtual Goods or other in-game features (“Subscriptions“). Virtual Goods, Virtual Money and Subscriptions shall together be referred to in these Terms as “Virtual Content“. To benefit from or use some Virtual Content in our Games, you may first have to reach a certain level or progress to a certain point. To the fullest extent permitted under applicable law, you agree that (once purchased) Virtual Content has no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You agree that Virtual Content is not transferable to anyone else and you will not transfer or attempt to transfer any Virtual Content to anyone else. For the purposes of this paragraph 4, a “purchase” is complete at the time our servers validate your purchase and the applicable Virtual Content is successfully credited to your account on our servers.
4.2 You do not own Virtual Content but instead you purchase a limited personal revocable licence to use them. To the fullest extent permitted under applicable law, any inclusion or balance of Virtual Content does not reflect any stored value.
4.3 Prices for all Virtual Content exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the fullest extent required by law, you agree to pay any such applicable taxes and telecommunication charges in line with applicable law.
Virtual Money and Virtual Goods
4.4 You agree that all sales by us to you of Virtual Money and/or Virtual Goods are final, that we will not refund any transaction once it has been made. Notwithstanding the foregoing, if you are resident in the European Economic Area, you have the right to withdraw from the purchase and the associated purchase terms (which may be set out by the applicable payment intermediary for the purchase, for example Google or Apple) within fourteen (14) calendar days. However, as a resident in the European Economic Area, you agree that when you purchase Virtual Goods and/or Virtual Money from us, you request immediate performance and that you understand this means you will lose your statutory right to withdraw from your purchase and the associated terms once you access and use the Virtual Goods and/or Virtual Money. If you are resident in the United Kingdom, when you purchase Virtual Goods and/or Virtual Money and we immediately supply the Virtual Goods and/or Virtual Money to you, you will be asked to acknowledge that this means you will lose your statutory right to withdraw from your purchase and the associated terms.
Connecting your game play
4.5 If you do not connect your Game on a device to a 9JA account, we will not be able to restore any Virtual Content, or other data associated with your Game to a different device if you lose, damage or change that device. Accordingly, on a device which is not connected to your 9JA Account:
- any risk of loss of Virtual Content which you purchase from us is transferred to you upon completion of the purchase as described in paragraph 4.1 above;
- any risk of loss of Virtual Content that you receive from us without making a purchase is transferred to you at the time the Virtual Content is successfully credited to your account on our servers; and
- any risk of loss of other data associated with your Game play (including, without limitation, your progress through the Game, or the level or score you have reached in our Games) is transferred to you immediately at the time such Game play data is generated.
4.6 The data associated with Virtual Content (whether purchased by you using real money or otherwise credited or awarded to you) is synced between different devices only if you have connected your Game to a 9JA Account. Accordingly, any risk of loss of this data is transferred to you (i) in the case of Virtual Content which you purchase from us, upon completion of the purchase as described in paragraph 4.1 above; and/or (ii) in other cases at the time the Virtual Content is credited or awarded to you.
4.7 If you live in the European Economic Area and the United Kingdom, we will provide you with a VAT invoice where we are required to do so by law or where expressly requested by you. You agree that these invoices may be electronic in format.
4.8 We reserve the right to control, regulate, change or remove any Virtual Content without any liability to you at any time, but if you have an active Subscription such changes will only take effect following the end of the then-current Subscription period, at which date your Subscription will automatically terminate.
4.9 We may revise the pricing for Virtual Goods and Virtual Money at any time. We may also revise the pricing for Subscriptions offered through the Services with reasonable notice to you and in accordance with applicable law, but if you have an active Subscription such changes will only take effect following the end of the then-current Subscription period. When we give you notice, we will remind you that your continued use after the end of your then-current Subscription period means that you accept the new Subscription prices. To the maximum extent permitted by applicable law, if you don’t cancel before the price changes come into force, you will be deemed to have accepted those modifications. If you are resident in Germany, nothing in this paragraph 4.9 is intended to affect your statutory rights, and we will enact any price revisions in accordance with applicable law.
4.10 We may limit the total amount of Virtual Content that may be purchased at any one time, and/or limit the total amount of Virtual Content that may be held in your account in the aggregate. You are only allowed to obtain Virtual Content from us or our authorised partners through the Services, and not in any other way.
4.11 Depending on your platform, any Virtual Content purchased may be subject to your platform provider’s terms of service and user agreement. Usage rights for each purchase may differ from item to item. If you are unsure about usage rights you should check with your platform or our customer support team before making a purchase. Unless otherwise shown, content available in any in-game store has the same age rating as the Game.
4.12 Without limiting paragraphs 3.7, 3.8, 4.5, or 7.1, if we suspend or terminate your account in accordance with these Terms you may lose any Virtual Goods and/or Virtual Money that you may have and we will not compensate you for this loss or make any refund to you. If you have an active Subscription at the date of termination it will not auto-renew at the end of the then-current Subscription period.
4.13 The charge for any Virtual Content that you can purchase via our Services will be as stated in our Services at the time you place the order, except in the case of obvious error. The charge is inclusive of all sales taxes and other charges. Depending on which bank you use, additional charges may be issued by your bank; we have no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges then you should check with your bank before making a purchase. We accept payment via our payment processing partners by credit card, debit card, carrier billing and any other payment method we expressly authorise during the payment process. Our payment processing partners may have their own terms and conditions and you should ensure you agree with these prior to making any payment. If your transaction with our payment processing partners is not successful then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible – we will endeavour to fulfil your order immediately at the point of purchase.
4.14 Payment for a Subscription will be charged to your account at the point of purchase and, for renewals, will be taken within the 24 hours prior to the expiry of the then-current Subscription period. Your Subscription will automatically renew on the basis communicated to you in writing unless you turn off auto-renew via your platform settings at least 24 hours before the end of the then-current Subscription period. Your Subscription is linked to your platform account and cannot be transferred between platform accounts. You agree that sales of Subscriptions are final and that cancellation is not permitted mid-way during an active Subscription period (subject to paragraph 4.15 below if you are resident in the European Economic Area).
4.15 For residents of the European Economic Area, if you have purchased a new Subscription, you have the right to withdraw from the purchase and the applicable purchase terms within fourteen (14) calendar days for any reason, subject to the below. This right of withdrawal does not apply to renewals of your existing Subscription. Your right of withdrawal starts from the day after your purchase of the Subscription. Instructions on how to exercise this right are set out at the end of these Terms in Appendix 1 (Section A: ‘Information concerning the exercise of the right of withdrawal’). For residents of the United Kingdom and countries outside of the European Economic Area, when you purchase a Subscription from us and receive immediate access to it, you will be asked to acknowledge that this means you will lose your statutory right to withdraw from the purchase.
5 User conduct and content
5.1 You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions and, if applicable, stop accessing and/or using our Services.
5.2 You promise that all the information you provide to us on accessing and/or using our Services is and will remain true, accurate and complete at all times.
5.3 Information, data, software, sound, photographs, graphics, video, messages, tags, usernames, guild names or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another user (“Content“). You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.
5.4 You agree not to upload, communicate, transmit or otherwise make available any Content or otherwise use the Services in any way:
- that is or could reasonably be viewed as unlawful, harmful, harassing, grooming, defamatory, libellous, obscene or otherwise objectionable;
- that is or could be reasonably viewed as toxic and/or abusive behaviour, or behaviour that is intended to unreasonably undermine or disrupt the Game experiences of others or affect other players;
- that is or could reasonably be viewed as invasive of another’s privacy or violate any privacy rights;
- that is likely to, or could reasonably be viewed as likely to incite violence, terrorist activities or racial or ethnic hatred;
- which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information);
- which infringes any intellectual property right or other proprietary right of others;
- which consists of any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other form of solicitation; or
- which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
5.5 You agree that you will not:
- use our Services to harm anyone or to cause offence to or harass any person, or otherwise use our Services to act in a way that is intended to unreasonably undermine or disrupt the Game experiences of others or affect other players (including, without limitation, engaging in toxic or abusive behaviour);
- use the Services or any third-party systems to commit an illegal or fraudulent action that is prohibited under applicable laws and/or under these Terms;
- exploit, in its entirety or individual components, the Services for any purpose not expressly authorized by us, including, without limitation:
- playing the Game(s) at commercial establishments;
- gathering in-game currency, items, or resources for sale/selling/exchanging outside of our Services;
- performing in-game services including, without limitation, account boosting or power-levelling, in exchange for payment or otherwise;
- communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within the Services; or
- organizing, promoting, facilitating, or participating in any event involving wagering on the outcome, or any other aspect of, our Games, whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorization.
- create more than one 9JA Account per platform to access our Services;
- share your 9JA Account or login information with anyone, unless these Terms allow it;
- use another person or entity’s email address in order to sign up to use our Services;
- use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services);
- disguise, anonymize or hide your IP address or the source of any Content that you may upload;
- use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
- remove or amend any proprietary notices or other ownership information from any part of our Services;
- interfere with or disrupt our Services or servers or networks that provide our Services;
- attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
- ‘harvest’, ‘scrape’ or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to ‘pixel tags’ cookies, graphics interchange formats (‘gifs’) or similar items that are sometimes also referred to as ‘spyware’ or ‘pcms’ (passive collection mechanisms);
- sell, transfer or try to sell or transfer a 9JA Account or any part of a 9JA Account, any Virtual Content (including, without limitation, any sale of Virtual Money and/or Virtual Goods for real money or for other value outside of the relevant Game);
- disrupt the normal flow of a Game or otherwise act in a manner that is likely to negatively affect other players’ ability to compete fairly when playing our Games or engaging in real time exchanges;
- disobey any requirements or regulations of any network connected to our Services;
- use our Services in violation of any applicable law or regulation;
- use our Services to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these Terms;
- be abusive, aggressive, demeaning or conduct offensive behaviour towards 9JA’s customer service representatives by any means like chat, email, phone or any other means of communication; or
- use our Services in any other way not permitted by these Terms.
If you are concerned that someone else is not complying with any part of these Terms, please contact us here: email@example.com.
5.6 We do not control Content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using our Services, you may be exposed to Content that you may consider offensive, indecent or objectionable. To the fullest extent permitted under applicable law, under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services.
5.7 We have the right to remove uploaded Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these Terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that use our Services and we make no undertaking to do so.
5.8 You are solely responsible for your interactions with other users of our Services. You agree that you will not hold 9JA liable for any loss or damage arising from the Content (yours or another user’s) including without limitation in respect of any defamation, harassment, or false endorsement claims.
6 Playing our Games with other users
6.1 Some of our Games allow you to play against an opponent or to play socially with other users. You may be able to:
6.1.1 choose to play against another user or to play socially with another user whom 9JA selects for you, or
6.1.2 play against, or play socially with, one of your contacts on a platform or social network which you have allowed our Games to interact with. Some of our Games may also allow you to search for your friends (for example, by email address) in order to find them to play against or play socially with. We may also display the display names of your past opponents so that you can easily find them to play again.
6.2 Where 9JA selects another user or opponent for you, or groups you with other users for a game mode, we may either select at random or use such criteria as we see fit in order to make these selections (for example, your past scores, your country, or the level you have reached in the Game or your other gameplay activity).
6.4 Some of our Games may include functionality that may allow you to participate in text with other users. You may be able to participate in text chat with other players, send messages to 9JA customer services or publicly on our forums.
7 Your breach of these Terms
7.1 Without limiting any other remedies or any other paragraph of these Terms, if we reasonably believe that you are in material breach of these Terms (including by repeated minor breaches), we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you:
- delete, suspend and/or modify your 9JA Account, parts of your account and/or access to our Games;
- otherwise suspend and/or terminate your access to our Services;
- correct, modify and/or remove any Virtual Content (including but not limited to Virtual Goods or Virtual Money) or game features that may be associated with your account;
- correct, reset and/or modify any game progression, game features or benefits and privileges associated with your account, such as any level or score you have reached in our Games.
We may terminate the licence granted to you under these Terms and/or suspend, modify, or delete your account at any time without giving you any prior notice if you materially breach our Terms. Without limitation, any breaches of paragraphs 4.1, 4.10, 5.4 or 5.5 are likely to be considered material breaches.
7.2 You agree to compensate us, according to applicable law, for all losses, harm, claims and expenses that may arise from any breach of these Terms by you.
7.3 If you think that a decision to suspend, modify or delete your account was taken wrongly, please contact us at firstname.lastname@example.org. We will restore any Virtual Content and/or game features if we have good cause to believe our actions were not sufficiently justified.
7.4 We will notify you if we decide to terminate or suspend any licence we have granted to you under these Terms, unless: we are reasonably unable to notify you due to technical limitations; we are terminating or suspending it to comply with a legal obligation which does not include a prior notice obligation; notification is not possible due to a legal obligation to take immediate action; or if we reasonably believe that providing notice is likely to materially harm a third party.
8 Availability of the Services
8.1 For residents in the United States: We do not guarantee that any of our Services will be available at all times or at any given time or that we will continue to offer all or any of our Services for any particular length of time. We may change and update our Services without notice to you. We make no warranty or representation regarding the availability of our Services and reserve the right to modify or discontinue the Services in our sole discretion without notice, including for example, ceasing a Game or other Service for economic reasons due to a limited number of users continuing to make use of that Game or other Service over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT ANY OR ALL OF OUR SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF OUR SERVICES.
8.2 For residents outside the United States and the European Economic Area: We do not guarantee that any of our Services will be available or error-free at all times or at any given time but we will provide our Services in accordance with any legally required standards. In particular, in relation only to any Virtual Content or any other part of our Services which have been paid-for with real money, we warrant that they will substantially comply with the description provided by it at the point of purchase and be of satisfactory quality (in addition any related services provided through them will be provided with reasonable care and skill). We may change and update our Services in whole or in part without notice to you (provided that any such changes do not result in material degradation in the functionality of any part of the Services which has been paid-for with real money). We make no warranty or representation regarding the availability of the Services which are provided free of charge (i.e. not paid-for with real money) and we reserve the right to modify or discontinue them in our sole discretion without notice to you, including for example, for economic reasons due to a limited number of users continuing to make use of them over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. If such circumstances result in material and significant degradation in the functionality of the Services then any obligation you may have to make any payment to download, use or access them will be suspended for the duration of such period. Notwithstanding the foregoing, we are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that are caused by events outside our reasonable control. You also acknowledge and agree that we are not liable for any errors relating to Services which are provided wholly by a third party (for example, a community channel hosted and operated by a third party).We are entitled to modify or discontinue the Services or any part of them which are paid-for with real money in our sole discretion upon reasonable notice to you.
8.3 For residents in the European Economic Area: Notwithstanding the fact that we do not guarantee that any of our Services will be available, uninterrupted, or error-free at all times or at any given time, and you agree that we are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that are caused by events outside our reasonable control, your local laws may provide you with a legal guarantee that the Services will be in legal conformity at the time of supply and during the life of these Terms with you. Under this legal guarantee, we will be liable for lack of conformity of the Games and/or Virtual Content and you may have a right under your local laws to: (a) have the Games and/or Virtual Content brought back into conformity; or (b) a proportionate refund and/or termination of these Terms (or the applicable purchase terms if you’ve purchased the Games and/or Virtual Content from a third party). Other than this legal guarantee and to the fullest extent permitted by applicable law, no other warranties of any kind, express or implied, are included as part of these Terms. If you are resident in France, the Terms in Appendix 1 (Section C) apply to your statutory guarantee. To the fullest extent permissible under applicable law, you also acknowledge and agree that we are not liable for any errors relating to any Services which are provided wholly by a third party (for example, a community channel hosted and operated by a third party). We may change and update our Services in whole and in part, in order to, for example (without limitation):
- ensure compliance with applicable laws and/or reflect change in relevant laws and regulatory requirements;
- perform temporary maintenance, fix bugs, implement technical adjustments, and make improvements;
- update or upgrade our Services including updating the structure, design, or layout of our Services;
- release new Services, end support for older Services, or close down certain Services if we have good reason to do so;
- balance, maintain, improve, update, or renew a Service;
- ensure the security of our Services; and
- to combat illegal and/or harmful activities, including the use of unauthorized programs or other activities which breach these Terms.
Unless otherwise required by applicable laws and provided that any such updates do not result in material derogation in the functionality of the Services, you grant us consent to deploy and apply such patches, updates, and modifications and we may update the Services remotely without notifying you. If any updates to our Services result in a negative impact to your access or use of the Services in a more than minor way, we will give you notice of such changes. If you don’t agree to the changes, you will be able to terminate these Terms within 30 days from the date of any notice we provide, or 30 days from when the change comes into effect, whichever is later. If you are resident in Germany, we will give you at least six (6) weeks’ notice of such changes, and you will have 30 days from our notice of the change or from when the change comes into effect (whichever is later) to reject the changes and terminate these Terms. For residents in the European Economic Area, you may also be able to receive a proportionate refund for aspects of the Services, such as Subscriptions, paid for but not received. Please contact us at email@example.com for more information. If you do not object to the changes or terminate these Terms within the stated time limit, we will take that as your acceptance of the changes. For avoidance of doubt, nothing in these Terms will preclude us from discontinuing the Services or any part of them, provided that we provide sufficient notice to you as required by applicable laws.
9 For residents in the United States – Limitation of Liability and Indemnity
9.1 Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, OUR SERVICES ARE “AS IS” AND WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ALL OF THE CONTENT OF THE SERVICES WILL BE ACCURATE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. ADDITIONALLY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER 9JA NOR ITS AFFILIATES WILL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE SERVICES (HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), INCLUDING DAMAGES TO PROPERTY, COMPUTER FAILURE OR MALFUNCTION AND, TO THE FULLEST EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. IN NO EVENT AND UNDER ANY THEORY OF LIABILITY SHALL OUR LIABILITY EXCEED THE LESSER OF (A) THE ACTUAL PRICE PAID BY YOU (IF ANY) FOR THE LICENCE TO USE VIRTUAL GOODS OR VIRTUAL MONEY OR ANY OTHER PART OF OUR SERVICES OR; (B) THE AMOUNT YOU PAID TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
9.2 Indemnification: YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD 9JA, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS or demand, including attorneys’ fees, arising out of your breach or alleged breach of these Terms, YOUR VIOLATION OF RULES FOR OUR GAMES, COMPETITIONS, OR TOURNAMENTS, or your violation of any law or the rights of a third party. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms. YOU FURTHER AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM 9JA, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNER, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR DENY ACCESS TO ANY SERVICE, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF 9JA’s CONCLUSION THAT A VIOLATION OF THESE TERMS HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THESE TERMS.
10 For residents outside the United States – Limitation of Liability
10.1 We accept liability for death or personal injury resulting from our negligence or that of our employees or agents, and for losses or harm caused by fraud by us or our agents, or any other liability which may not by law be excluded.
10.2 We are not responsible for:
- losses or harm not caused by our breach of these Terms or negligence;
- losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these Terms including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;
- any damage that may be caused to any device on which you access or use any of our Services that is caused in any way by our Services unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the applicable Services;
- any loss or damage, or any increase in loss or damage resulting from breach by you of any of these Terms;
- any use by you of the Services which isn’t authorized by us under these Terms;
- any lack of functionality or failure to provide any part of the Services that is due to:
- malfunctions or faults in your chosen equipment, devices, operating system, or internet connection (including malware, viruses or bugs originating from third parties or any of your devices); or
- your failure to download or install any update or the most recent published version of any Service in order to benefit from updated functionality or to meet compatibility requirements, where we have informed you of the update, explained the consequences of failing to install the update, and provided installation instructions;
- any lack of functionality or incompatibility where your chosen equipment, devices, operating system or internet connection does not meet the specific requirements provided by us; or
- technical failures or the lack of availability of any of our Services where these are not within our reasonable control.
10.3 For any losses or harm (other than those mentioned in paragraph 10.1 and subject to paragraph 10.2) in any period of twelve months, to the fullest extent permitted under applicable law, we will only be responsible for losses or harm which are a reasonably foreseeable consequence of our negligence or breach of these Terms up to the value of the amount that you have paid to us in the 100 day period ending on the date of your claim. Losses and harm are foreseeable only where they could be contemplated by you and us at the time of you agreeing to these Terms.
10.4 Subject to applicable law and unless otherwise specified in these Terms, we do not give any warranty, express or implied, in relation to our Services and you acknowledge that your only right with respect to any problems or dissatisfaction with any of our Services is to discontinue your use of our Services. Any additional legal rights, such as any applicable statutory rights of legal conformity (for example, see paragraph 8.3 above) which you may have as a consumer, remain unaffected by these Terms.
11 Intellectual Property
11.1 You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our Services (other than Content which is contributed and owned by players) is owned by or licensed to us.
11.2 Whilst you are in compliance with these Terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and/or use our Services (but not any related object or source code) for your own personal private use, in each case provided that such use is in accordance with these Terms. You agree not to use our Services for anything else. These Terms also apply to any update or patches which we may release or make available for any of the Services and any such update or patch will be deemed part of the Services for the purposes of these Terms.
11.3 YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN THE LICENCE GRANTED TO YOU BY THESE TERMS, YOU WILL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN ANY OF OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY 9JA ACCOUNTS OR ANY VIRTUAL CONTENT. You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing.
11.4 In particular, and without limiting the application of paragraph 11.3, you must not make use or available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Content, whether on a free of charge basis or otherwise.
11.5 By submitting Content (as defined in paragraph 5.3) via our Services you:
- are representing that you are fully entitled to do so;
- represent and warrant that you are fully able to grant the licences set out in this paragraph 11.5;
- represent and warrant that the Content does not infringe upon the copyright, trademark, patent, trade secret or other rights of any third party;
- grant us a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable, royalty free, right and licence to exploit the Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised;
- grant us the unlimited right to edit, adapt, translate, reformat, manufacture, rearrange and transpose, distribute, sell, sub-licence, transmit, provide access to, publish and use the Content you submitted, any derivative works we may create from it and any elements contained therein, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you;
- acknowledge that you may have what are known as “moral rights” in the Content, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. To the maximum extent permitted by applicable law, you agree to waive any such moral rights you may have in the Content or, if a waiver is not possible under applicable law, not to assert such moral rights; and
- agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taking legal action (at our cost) on your behalf.
11.6 You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other user of our Services. If you believe that your intellectual property rights in the Content have been infringed by another user of our Services, and the infringed Content is hosted on our Services that are under our direct control, you may contact us by emailing the following information to firstname.lastname@example.org with:
- a description of the intellectual property rights and an explanation as to how they have been infringed;
- a description of where the infringing material is located;
- your address, phone number and email address;
- a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorized, and (ii) the information that you are providing is accurate, correct, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- a physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.
11.7 For avoidance of doubt and without prejudice to the remainder of this paragraph 11, in the event you upload or otherwise transmit to us any Content that contains concepts, ideas, or feedback relating to any Game and/or our Services (“Feedback“), you will not be entitled to any compensation for any such Feedback, and we may freely use any such Feedback in any manner we deem appropriate. In addition, any Feedback by you will not create any contractual relationship between us. Except to the extent that any such waiver is prohibited by applicable law, you hereby waive the benefit of any provision of law known as “moral rights” or “droit moral” or any similar law in any country of the world or, in the event that a waiver is not possible under applicable law, you agree not to assert such moral rights.
12 For residents in the United States – U.S. GOVERNMENT RESTRICTED RIGHTS:
12.1 Our Services have been developed entirely at private expense and are provided as “Commercial Computer Software” or “restricted computer software.” Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (b)(1)(ii) of the Rights in Technical Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in subparagraph (b)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable.
13.1 The data controller for all personally identifiable information or personal data that we collect about you through or in relation to our Games or other Services is 9JA.io Limited.
15 Transferring these Terms
15.1 To the fullest extent permissible under applicable law, we may wish to transfer all or a part of our rights or responsibilities under these Terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these Terms unless we first agree to this in writing.
16 Entire agreement
17 Changes to these Terms
17.1 You can find these Terms at any time by visiting https://9ja.io/terms-of-use/.
17.2 Without affecting paragraph 17.3 below, we reserve the right to update these Terms from time to time by posting the updated version at that address (and where these updates affect you, with reasonable notice to you, as required under applicable law). We may do so for a number of reasons including without limitation because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. Your continued use of our Services will mean that you accept the amended Terms. You agree that if you do not accept any amendment to our Terms then you must immediately stop accessing and/or using our Services.
17.3 If you are resident in Germany, we may from time to time modify or change these Terms, if there is good reason for the change (such as compliance with legal requirements, minor clarifications to existing Terms, to provide further information on issues that were unforeseeable at the time you entered into these Terms, or to improve how we deliver the Services to you) and the changes reasonably take into account the interests of both parties, but we will not change our main obligations to you. Where any changes affect you, we will notify you of any changes by providing you with a notice. To the maximum extent permitted by local law, if you do not object to the amended Terms within six (6) weeks following the notice, your continued use of our Services will mean that you accept the amended Terms.
18.1 If any part of these Terms is held to be invalid or unenforceable under any applicable laws or by an applicable court, that part will be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these Terms will remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these Terms in a manner consistent with applicable law, then that part will be deemed deleted from these Terms without affecting the remaining provisions of these Terms.
19 Waivers of our rights
19.1 Our failure to exercise or enforce any of our rights under these Terms does not waive our right to enforce such rights. Any waiver of such rights will only be effective if it is in writing and signed by us.
20 Complaints and dispute resolution
20.1 Most concerns can be solved quickly by contacting us at email@example.com
20.2 If you are a resident of the European Union, if you are not satisfied with the resolution of your request by our customer service, the European Commission provides an online dispute resolution Platform which is accessible at http://ec.europa.eu/consumers/odr.
20.3 If you are a resident of the United Kingdom and you are not satisfied with the resolution of your request by our customer service, the United Kingdom Government provides information regarding consumer rights at https://www.gov.uk/consumer-protection-rights.
20.4 If you are resident in the United States, please see paragraph 21 below.
20.5 In the unlikely event that we cannot solve your concern and you wish to bring legal action against us, the provisions of paragraph 22 below will apply.
21 For residents in the United States – BINDING ARBITRATION AND CLASS ACTION WAIVER:
READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING WAIVING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.
21.1 The BINDING ARBITRATION AND CLASS ACTION WAIVER provisions in this paragraph 21 apply to you if you are domiciled in and/or played the games or acquired and used Services in the United States. See JURISDICTION AND APPLICABLE LAW below for details. (9 U.S.C. §1, et seq.). The BINDING ARBITRATION AND CLASS WAIVER is governed by the Federal Arbitration Act (9 U.S.C. §1, et seq.) (“FAA“) and federal arbitration law.
21.2 The BINDING ARBITRATION AND CLASS ACTION WAIVER provisions in this paragraph 21 apply to all Disputes between you and 9JA and/or 9JA’s Affiliates relating to the Games and Services. Paragraph 21 also applies to any Dispute (as defined below) between you and any 9JA Affiliates, each of which is an intended third-party beneficiary of paragraph 21. “Affiliate” means any entity controlling, controlled by or under common control with 9JA, where ‘control’ means the direct or indirect ownership of more than fifty percent (50%) of such entity’s capital or equivalent voting rights.
21.4 Initial Dispute Resolution: If you have any concerns or queries regarding our Services, our customer support team can be reached through firstname.lastname@example.org. Most concerns are quickly resolved in this manner to our customers’ satisfaction. In an effort to accelerate resolution and reduce the cost of any Dispute between you and 9JA and/or 9JA’s Affiliates, you agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before either party initiates any arbitration or court proceeding (the “Initial Dispute Resolution Period“). That period begins upon receipt of written notice from the party raising the Dispute. If 9JA has a Dispute with you, it will send notice of that Dispute to your billing address and email address you have provided to us. If you have a Dispute with 9JA and/or 9JA’s Affiliates, you must notify us in writing at the following email address: email@example.com, using the subject line “Initial Dispute Resolution Notice.” Your notice of Dispute must be individual to you and must include your name, the screen name and email address associated with your player account (if any), and your residential address. The notice of Dispute also must describe the Dispute, explain the facts of the Dispute as you understand them, and tell 9JA what you want us to do to resolve the problem. The parties shall use their best efforts to settle any Dispute directly through consultation and good faith negotiations, and you agree that a notice of Dispute containing all of the information required above, followed by at least 30 days of good faith negotiation, are preconditions to either party initiating a lawsuit or arbitration. A notice of Dispute will not be valid, will not start the Initial Dispute Resolution Period, and will not allow you or 9JA later to initiate a lawsuit or arbitration, unless it contains all of the information required by this paragraph. If either of us commences an arbitration without having previously provided a valid and compliant notice of Dispute, you and 9JA agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration until the party that initiated it complies with the Initial Dispute Resolution Period. You and 9JA authorize the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with the Initial Dispute Resolution Period requirement, relying solely on these Terms and the notice of Dispute (if any) that you or 9JA provided before commencing arbitration.
21.5 Binding Arbitration and Arbitration Procedure: If a Dispute cannot be resolved through negotiations during the Initial Dispute Resolution Period, then either party may initiate binding arbitration as the sole means to formally resolve the Dispute, unless an exception applies as stated below. Except in the event of a Mass Arbitration (as defined below), the arbitration will be administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules“) effective as of the date of the Notice of Dispute, which are available at the JAMS website, http://www.jamsadr.com/rules-streamlined-arbitration, as modified by these Terms. If, for any reason, JAMS is unable to provide the arbitration, then except as otherwise stated below, you may file your Dispute with any national arbitration company that handles consumer arbitrations following procedures that are substantially similar to the JAMS Rules. Arbitration hearings may be conducted by videoconference or telephone unless the arbitrator believes an in-person hearing is necessary. In such instances, the location of an arbitration hearing will be decided pursuant to the JAMS Rules. For players using Games from within the United States but who are not residents of the United States, arbitration will be initiated in Los Angeles County, California, and you and Activision agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County, California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgement on the award entered by the arbitrator. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. If the Dispute does not exceed $25,000, the arbitration will be conducted solely on the basis of written submissions. The parties may bring any dispositive motion or motions during the course of the proceedings. Discovery in the arbitration will be limited to that necessary to resolve the dispute. The decision of the arbitrator shall be final and binding on you and us, and any award of the arbitrator may be entered in any court of competent jurisdiction. The arbitrator and not any federal, state or local court or agency, has exclusive authority to determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration as well as to decide all issues arising out of or relating to the interpretation, applicability, validity, arbitrability, enforceability and/or formation of this agreement to arbitrate, including, but not limited to, where a party raises as a defence to arbitration that the claims in question are exempted from the arbitration requirement or that any portion of this agreement is void, voidable, or not enforceable. If a lawsuit filed in court includes claims or requests for relief that are arbitrable and claims or requests for relief that are not, you and we agree that any non-arbitrable claims or requests for relief will be stayed pending the completion of the arbitration of the arbitrable claims or requests for relief.
21.6 Class Action Waiver: TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION OR CLASS ARBITRATION, OR AS A PRIVATE ATTORNEY GENERAL. To the fullest extent applicable law does not permit waiver of private attorney general claims, but permits them to be arbitrated, then such claims shall be resolved in arbitration. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AGREE THAT, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NO ACTION WILL BE BROUGHT ON A CLASS OR COLLECTIVE BASIS AND YOU UNCONDITIONALLY WAIVE ANY RIGHT TO BRING SUIT ON A CLASS OR COLLECTIVE BASIS.
21.7 Exception – Litigation of Intellectual Property and Small Claims Court claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the licence granted to you for the Services under these Terms. Either party may also seek relief in a small claims court for any individual Disputes within the scope of that court’s jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider must close the case.
21.8 Exception – Mass Arbitration Before FedArb: Notwithstanding the parties’ decision to have arbitrations administered by JAMS, if 20 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it will not be governed by JAMS Rules or administered by JAMS. Instead, a Mass Arbitration will be administered by FedArb, a nationally recognized arbitration provider, and governed by the FedArb Rules in effect when the Mass Arbitration is filed, excluding any rules that permit arbitration on a class-wide basis (the “FedArb Rules”), and under the rules set forth in these Terms. The FedArb Rules are available at https://www.fedarb.com/ or by calling 1-650-328-9500. You and we agree that the Mass Arbitration will be resolved using FedArb’s Framework for Mass Arbitration Proceedings ADR-MDL, available at https://www.fedarb.com/. Before any Mass Arbitration is filed with FedArb, you and we agree to contact FedArb jointly to advise that the parties intend to use FedArb’s Framework for Mass Arbitration Proceedings ADR-MDL. The individual demands comprising the Mass Arbitration will be submitted on FedArb’s claim form(s) and as directed by FedArb. You and Activision agree that if either party fails or refuses to commence the Mass Arbitration before FedArb rather than JAMS, you or Activision may seek an order from JAMS compelling compliance and directing administration of the Mass Arbitration before FedArb. Pending resolution of any such requests, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) will be stayed.
21.9 30 Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration agreement and class action waiver provisions in in this paragraph 21 by sending a notice of your decision to opt-out here: firstname.lastname@example.org. The notice must be sent within 30 days of the earlier of your first download of the applicable Game or when you first use or access the applicable Service; otherwise you will be bound to arbitrate Disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, we also will not be bound by them. If you previously opted out of prior versions of Paragraph 21, then you will be bound to this Paragraph 21 unless you comply with the opt-out requirements. You must opt out within 30 Days after these Terms become effective on the earliest of: (1) the date on which you first download the applicable Game; or (2) accessed or commenced use of the applicable Service.
21.10 The provisions of this paragraph 21 will govern, control, and supersede, any inconsistent provisions of these Terms, any previous versions of these Terms, or any terms or conditions of any agreement that incorporates these Terms or is incorporated by these Terms.
22 JURISDICTION AND APPLICABLE LAW
Our Games and other Services are made available subject to these Terms. This paragraph explains which laws apply to these Terms.
22.1 Except for paragraph 21, paragraph 22.2 and paragraph 22.3, and unless the law of your country of residence states otherwise, the laws of England will govern the interpretation of these Terms and apply to claims for breach of it. If there is a Dispute between us regarding these Terms, then that Dispute will be subject to the jurisdiction of the courts of England unless the law in your country of residence allows you to choose the courts of that country for the Dispute in question. If you are resident in a member state of the European Union, you also enjoy the protection of the mandatory provisions of the consumer protection laws in your member state.
22.2 For residents in the United States: You and we irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Los Angeles County, California to resolve any claims that are subject to exceptions to the arbitration agreement described in paragraph 21 above, or otherwise determined not to be arbitrable. To the fullest extent permitted by law, any claim or request for relief in a demand for arbitration filed pursuant to paragraph 21 of these Terms, as well as any claim or request for relief in a lawsuit filed in court under an exception to the arbitration agreement in paragraph 21, will be barred if filed more than two (2) years after the date that the claim or request for relief accrued. If the law requires a claim or request for relief be filed earlier than two (2) years after the claim or request for relief accrued, that law controls.
22.3 If you are a resident outside the United States and you are entitled to commence and/or participate in legal proceedings within the United States, then you agree that you will be bound by the BINDING ARBITRATION AND CLASS ACTION WAIVER provisions in paragraph 21 above.
22.4 You understand and agree that our Website, Games and other Services may not be used, accessed, downloaded, or otherwise exported, reexported, or transferred in contravention of applicable export control, economic sanctions, and import laws and regulations, including, but not limited to, the U.S. Export Administration Regulations (“EAR“) and regulations promulgated by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC“). You represent and warrant that you (1) are not subject to U.S. sanctions or export restrictions and otherwise are eligible to utilize our Website, Games and other Services under applicable laws and regulations; (2) are not located or ordinarily resident in a country or region subject to comprehensive or near-comprehensive U.S. sanctions/embargo, unless your use of our Website, Games and other Services in such country or region is authorized by U.S. law; (3) are not an official, employee, agent, or contractor of, or directly or indirectly acting or purporting to act for or on behalf of, a government (including any political subdivision, agency, or instrumentality thereof or any person directly or indirectly owned or controlled by the foregoing) or political party (e.g., Cuban Communist Party, Workers’ Party of Korea) subject to U.S. sanctions/embargo or any other entity in a sanctioned/embargoed country or region or subject to U.S. sanctions/embargo; and (4) will not use our Website, Games and other Services in connection with an end-use prohibited by U.S. law.
23 Questions about these Terms
23.1 If you have any questions about these Terms or our Services you may contact us by email at email@example.com.
These Terms were last updated on 01.02.2024
Appendix 1: A. Information concerning the exercise of the right of withdrawal for residents of the European Economic Area
Right of Withdrawal
If you are resident in the European Economic Area and you have purchased a Subscription from us, you have the right to withdraw from your purchase within 14 calendar days without giving any reason. This right of withdrawal does not apply to renewals of your existing Subscription.
The withdrawal period will expire after 14 calendar days from the day after your purchase under these Terms or, if you made the purchase through a third-party, the purchase contract with the third-party retailer.
If you made the purchase directly through us, to exercise the right of withdrawal, you must inform us firstname.lastname@example.org of your decision to withdraw from your purchase by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the model withdrawal form attached hereafter, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Certain exceptions and requirements apply to your right of withdrawal.
If your purchase was through a third-party retailer (like Google or Apple), we recommend contacting them directly for information on your options for withdrawal.
If you withdraw from the purchase made directly through us, we will reimburse to you all payments received from you under the purchase without undue delay and in any event not later than 14 calendar days from the day on which we receive your decision to withdraw.
Please note that if you requested to begin the performance of any Subscription(s) you purchase during the withdrawal period, you are only entitled to a refund that is proportionate to the portion of the Subscription(s) you’ve already received. For example, if you have already received the Subscription for three days prior to your request to withdraw, you will be entitled to receive a refund for the full coverage of the Subscription, minus the cost for receiving three days of the Subscription. We won’t charge you any fees as a result of this refund. If your purchase was through a third-party retailer, they will carry out the refund and we recommend contacting them for more information. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. Please note you are not entitled to a refund for any Subscriptions which have already been fully performed prior to your request for withdrawal.
For the avoidance of doubt, you agree that when you purchase Virtual Goods and/or Virtual Money from us, you request immediate performance and that you understand this means you will lose your statutory right to withdraw from your purchase and the applicable terms once you access and use the Virtual Goods and/or Virtual Money.
- Model withdrawal Form for residents of the European Economic Area
(Complete and return this form only if you wish to withdraw from your purchase. We also strongly recommend that you submit this form to the retailer or platform partner (with the relevant information about them filled out below) who you purchased your Games and/or Subscription from in order to withdraw from the purchase.)
To Legal Team, email@example.com.
I/We hereby give notice that I/We withdraw from my/our contract for the purchase of the following goods/ the provision of the following services:*
– Ordered/ received on*:
– Name of consumer(s):
– Address of consumer(s):
– Signature of consumer(s): (only required if this form is notified on paper)
(*) Delete where appropriate.
- Statutory guarantees under French law for residents in France regarding the Games and Virtual Content:
French law grants you as consumers the following statutory rights and guarantees in relation to the Games and Virtual Content. We will therefore offer you the protection granted by law under the legal warranty of conformity provided by articles L. 224-25-12 to L. 224-25-26 of the French Consumer Code. We are liable for supplying digital content and services that comply with these Terms and with the objective and subjective criteria set out by the applicable law. Regarding one-off supply, we are accountable for any non-conformity that exists at the time of supply and which becomes apparent within two years of supply. Regarding digital content or service supplied on a continuous basis, we are accountable for any non-conformity which becomes apparent during the period in which it is supplied under these Terms and your applicable purchase terms. We are also accountable, within the same time limits, for any non-conformity resulting from the incorrect integration of the digital content or service into your digital environment where this has been done by us or under our responsibility, or where the incorrect integration by you is the result of deficiencies in the instructions provided by us. For the 12 month period following the supply of any Games and/or Virtual Content to you, you will not be required to prove the existence of the defect. In the event of lack of conformity, you will be entitled to have the digital content or service brought into conformity or, failing that, to have the price reduced or to cancel these Terms and/or the associated purchase terms (as relevant) under the conditions set out in the French Consumer Code.