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End User License Agreement
Last Updated: 2025-10-232026-03-17
TABLE OF CONTENTS


1.A few important notices—arbitration, refunds and damages
2.What is this document? When can I play?
3.Defined Terms
4.Additional Terms
5.Eligibility and Registration
6.License and Use of the Services
7.Player Conduct
8.Ownership of the Services
9.Virtual Goods and Game Currency
10.Refunds
11.Beta Testing
12.App Store; Console Games
13.Feedback
14.DMCA / Copyright Policy
15.Third-Party Websites and Resources
16.Data Charges and Mobile Devices
17.Service and EULA Modifications
18.Warranty Disclaimers
19.Limitation of Liability
20.Indemnity
21.Termination
22.Dispute Resolution and Governing Law
23.No Assignment
24.Miscellaneous
25.Contact Information

1. A few important notices—arbitration, refunds and damages
PLEASE REVIEW CAREFULLY SECTION 22 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. THIS EULA ALSO INCLUDES A LIMITATION ON DAMAGES THAT YOU CAN COLLECT FROM US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES. BY USING THE SERVICES, YOU AGREE TO THESE PROVISIONS.
IMPORTANT NOTICE REGARDING ARBITRATION FOR PLAYERS IN THE UNITED STATES: PLEASE REVIEW CAREFULLY THE CORRESPONDING SCHEDULE (ADDENDUM FOR RESIDENTS IN THE UNITED STATES), UNDER WHICH YOU ARE AGREEING TO RESOLVE ANY DISPUTE BETWEEN YOU AND US (WITH LIMITED EXCEPTIONS) THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT AND TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EX-PLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF THIS ARBITRATION AGREEMENT IN THE CORRESPONDING SCHEDULE.
IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT INSTALL, COPY, OR USE OUR SER-VICES. 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.
If you are a resident of the European Union, UK, or Brazil, then please also see schedule A-1 for further terms.
If you are a resident of the United States, then please also see schedule A-2 for further terms.
If you are a resident of South Korea, then please also see schedule A-3 for further terms.
If you are a resident of Japan, then please also see schedule A-4 for further terms.
If you are a resident of Russia, then please also see schedule A-5 for further terms.
If you are a resident of Morocco, then please also see schedule A-6 for further terms.
If you are a resident of Tunisia, then please also see schedule A-7 for further terms.
If you are a resident of Australia, then please also see schedule A-8 for further terms.
If you are a resident of Mexico, then please also see schedule A-9 for further terms.
If you are a resident of Canada, then please also see schedule A-10 for further terms.

2. What is this document? When can I play?
3. Defined Terms
4. Additional Terms
5. Eligibility and Registration
6.
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 and Use ofAgreement (“EULA”) which is a legal agreement between you and Sixjoy Hong Kong Limited(“we”, “us”, “our”, as appropriate) regarding the Services
7. Player Conduct
8. Ownership of the Services
9.
you use from us. The “Services” mean collectively, and sometimes individually, the following: (a) each of our Games, and (b) any websites, software or other services we provide with or in support of the Game, whether or not they are installed or used on a computer, console, or a mobile device. “Game” means our game that you download and access that is subject to this EULA, regardless of where you download and/or access it, and any documentation, software, updates, Virtual Goods and Game Currency
10. Refunds
11. Beta Testing
12. App Store; Console Games
13. Feedback
14. DMCA/Copyright Policy
15. Third-Party Websites and Resources
16. Data Charges and Mobile Devices
17. Service and EULA Modifications
18. Warranty Disclaimers
19. Limitation of Liability
20. Indemnity
21. Termination
22. Dispute Resolution and Governing Law
23. No Assignment
24. Miscellaneous
25. Contact Information



1. A few important notices—arbitration, refunds and damages
PLEASE REVIEW CAREFULLY SECTION 22 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. IMPORTANT NOTICE REGARDING ARBITRATION FOR PLAYERS IN THE UNITED STATES: WHEN YOU AGREE TO THIS EULA YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. THIS EULA ALSO INCLUDES A LIMITATION ON DAMAGES THAT YOU CAN COLLECT FROM US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES. BY USING THE SERVICES, YOU AGREE TO THESE PROVISIONS.

IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT INSTALL, COPY, OR USE OUR SERVICES. WE DO NOT NORMALLY OFFER REFUNDS, EXCEPT WHERE EXPRESSLY AUTHORIZED BY US (SEE SECTION 10 FOR EXCEPTIONS), OR WHERE REFUNDS ARE REQUIRED UNDER LOCAL LAW.

If you are a resident of the European Union, UK, or Brazil, then please also see schedule A-1 for further terms.
If you are a resident of the United States, then please also see schedule A-2 for further terms.
If you are a resident of South Korea, then please also see schedule A-3 for further terms.
If you are a resident of Japan, then please also see schedule A-4 for further terms.
If you are a resident of Morocco, then please also see schedule A-5 for further terms.
If you are a resident of Tunisia, then please also see schedule A-6 for further terms.
If you are a resident of Australia, then please also see schedule A-7 for further terms.
If you are a resident of Mexico, then please also see schedule A-8 for further terms.
If you are a resident of Canada, then please also see schedule A-9 for further terms.


2. What is this document? When can I play?
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 Sixjoy Hong Kong Limited(“we”, “us”, “our”, as appropriate) regarding the Services you use from us. The “Services” mean collectively, and sometimes individually, the following: (a) each of our Games, and (b) any websites, software or other services we provide with or
Content (each de-fined below) included 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 [email protected] (our “Support Email Address”). You’ll notice that we added some text in italics throughout the EULA to make it easier to read; however, this text is provided for guidance only, and does not form part of the EULA.

3. Defined Terms
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.EU-LA. We’ve included the defined terms throughout because we want it to be easy for you to read them in context.

4. Additional Terms
Some Services may be available (or only available) through accessing (or downloading from) a third-party platform or store, including but not limited to, Facebook, the Epic Games Store, Steam game platform, the Google Play Store and Apple App Store (each, an “App Store”). Your use of the Services is also governed by any applicable agreements you have with any App Store (the “App Store Agreement(s)”). In the event of a conflict between any other App Store Agreement(s)Agree-ment(s) from which you acquire one of our Games and this EULA with respect to your use of the Services, this EULA will take priority.

The collection of information from you and related to the Services (whether obtained through an App Store or not) is governed by our Privacy Policy at https://roadtoempress.com/policy/privacy.html. Our Privacy Policy explains how we collect, use, and disclose information that we collect from and about you.

5. Eligibility and Registration
The Services we offer have certain age restrictions. Others may require an outside account. When you give us information,infor-mation, you need to make sure it stays up to date. Also, don’t share your account with others without our permission.

(a) Age. To create a Game Account (as defined below) and access some of our Services, you must be at least the mini-mum age for consenting to personal data collection under the law in your jurisdiction. If you are between the minimum age for consenting to 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 the law in18 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 docu-mentation 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.
(b) Account 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 jurisdiction. IfGame Account using an existing account you are between the minimum age forhave with us or your email ad-dress. 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 data collection and age of majority ininformation that this third party provides to us such as your jurisdiction,email address and name to help create 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.

(b) Account Creation. To access parts of a Game, you may need to create an in-game account (your “Game Account”). Your
Game Account, if applicable,Account. Further information about use of third-party accounts 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 accounts is providedpro-vided in the Privacy Policy at https://roadtoempress.com/policy/privacy.html. Please note that you may also be 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.

(c) Keep Your Information Current. It’s important that you provide us with accurate, complete, and up-to-date infor-mation for your Game Account, and you agree to update such information to keep it that way. If you don’t, we may sus-pend or terminate your Game Account. You agree that you will not disclose your Game Account password to any-one, 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, andwhether 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.
(d) No Account Sharing. 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.
(e) No False Accounts. You may not create a Game Account for anyone else or create a Game Account in a name other than your own.

6. License and Use of the Services
As long as you
agree to updatethis 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.
(a) License Grant. So long as you comply with this EULA and, as applicable, the App Store Agreement(s), we grant you the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to (i) download and install the Game on the device permitted by the App Store Agreement(s) (if applicable), and (ii) access and use the Services, including any Content, for your personal entertainment purposes leveraging only the functionality of the Game and Services. We and our licensors reserve all rights not granted to you in this EULA. “Content” means all artwork, titles, themes, objects, characters, names, dialogue, catch phrases, stories, animation, concepts, sounds, au-dio-visual effects, methods of operation, musical compositions, Virtual Goods (defined in Section 9) and any other con-tent within the Services. Content also includes anything generated, created, or that is otherwise developed within the Services by any user (including you) as a result of interaction with the functionality of the Services. We also grant you a limited license to make gameplay videos for certain Games specified on the Services, provided that you agree that all
such gameplay video activity is subject to your agreement to and pursuant to our Streaming Policy in Schedule C-1. We may, in our sole discretion, remove, edit, or disable any Content for any reason.
(b) Content You Create Outside the Services. “User Content” means any Content that you (or other Game Account hold-ers) 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.
(c) 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.
(d) 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.
(e) Minimum 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 be-fore playing the Game.
(f) 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 aware-ness, disorientation, any involuntary movement, or convulsions while playing, please immediately discontinue playing the Game and consult your doctor.
7. Player Conduct
We strive to make all of our players and users feel safe and welcome when using our Services and playing our games and we want everyone to play by the same rules. So, if you use our Services as intended, without cheating, being abusive, disruptive or disrespectful, or being unfair, you are probably in the clear, but please read all of the terms of this EULA carefully to be sure.
You agree not to do any of the following with respect to the Services, as determined by us, as applicable:
(a) use them commercially, for a promotional purpose, or for the benefit of any third party or in any manner not permitted by this EULA;
(b) use, or provide, any unauthorized third-party programs that intercept, emulate, or redirect any communication be-tween the Services and us or that collect
information to keep itabout the Game;
(c) use, or provide ancillary offerings to anyone,
that way. Ifare 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 redi-rects, 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;
(d) access or use them on more than one device at a time;
(e) 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;
(f) sell, rent, lease, license, distribute, or otherwise transfer the Services, Game or any Content, including, without limita-tion, Virtual Goods or Game Currency, including participating in or operating so called “secondary markets” for Virtual Goods, Game Currency or Content;
(g) 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;
(h) remove, disable, circumvent, or modify any technological measure we implement to protect them or any of their as-sociated intellectual property;
(i) 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);
(j) attempt to probe, scan or test its vulnerability or breach any security or authentication measures;
(k) access, tamper with, or use non-public areas of the Services;
(l) trespass, or attempt to gain access to a property or location where
you don’t, wedo not have permission to be or engage in any activity that may suspend or terminateresult in injury, death, property damage, nuisance or other liability;
(m) 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, con-tractual 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 ob-jectionable, 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 threaten-ing or disrespectful to any person or entity; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities or substances;
(n) engage in any behavior that: (i) violates, or encourages any conduct that would violate any applicable law or regula-tion or would give rise to civil liability; (ii) is fraudulent, false, misleading or deceptive, including “trolling;” (iii) is de-famatory, 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, bul-lying, or threatening or promotes violence, terrorism, or actions that are threatening or disrespectful to any person or en-tity; or (vi) promotes illegal or harmful activities or substances;
(o) 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;
(p) collect or store any information that could be used to identify an individual, either itself or combined with other in-formation, from the Services from other users of the Services without their express permission;
(q) 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 mor-als or public policy;
(r) 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;
(s) use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical re-strictions on the Services or for any other purpose;
(t) play on another person’s
Game Account. You agreeAccount to “boost” that you will not disclose your Game Account password to anyone, and will notifyAccount’s status, level or rank;
(u) use the Services in any way that would affect
us immediately ofadversely or reflect negatively on us or the Services or discourage any unauthorized use of your Game Account. You are responsible forperson from using 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.

(d) No Account Sharing. You may not sell, resell, rent, lease, share or provide access to your Game Account to
or any portion of the features of the Services;
(v) encourage, promote, take part in or enable
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.

(e) No False Accounts. You may not create a Game Account for anyone
else or create a Game Account in a name other than your own.

6. 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.

(a) License Grant. So long as you comply with this EULA and, as applicable, the App Store Agreement(s), we grant you the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to (i) download and install the Game on the device permitted by the App Store Agreement(s) (if applicable), and (ii) access and use the Services, including
to do any Content, for your personal entertainment purposes leveraging only the functionality of the Game and Services. We and our licensors reserve all rights not granted to you in this EULA. “Content” means all artwork, titles, themes, objects, characters, names, dialogue, catch phrases, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, Virtual Goods (defined in Section 9) and any other content within the Services. Content also includes anything generated, created, or that is otherwise developed within the Services by any user (including you) as a result of interaction with the functionality of the Services. We also grant you a limited license to make gameplay videos for certain Games specified on the Services, provided that you agree that all such gameplay video activity is subject to your agreement to and pursuant to our Streaming Policy in Schedule C-1. We may, in our sole discretion, remove, edit, or disable any Content for any reason.

(b) 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.

(c) 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.

(d) 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.

(e) Minimum 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.

(f) 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.

7. Player Conduct
We strive to make all of our players and users feel safe and welcome when using our Services and playing our games and we want everyone to play by the same rules. So, if you use our Services as intended, without cheating, being abusive, disruptive or disrespectful, or being unfair, you are probably in the clear, but please read all of the terms of this EULA carefully to be sure.

You agree not to do any of the following with respect to the Services, as determined by us, as applicable:

(a) use them commercially, for a promotional purpose, or for the benefit of any third party or in any manner not permitted by this EULA;

(b) 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;

(c) 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;

(d) access or use them on more than one device at a time;

(e) 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;

(f) 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 Content;

(g) 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;

(h) remove, disable, circumvent, or modify any technological measure we implement to protect them or any of their associated intellectual property;

(i) 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);

(j) attempt to probe, scan or test its vulnerability or breach any security or authentication measures;

(k) access, tamper with, or use non-public areas of the Services;

(l) 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 liability;

(m) 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;

(n) 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;

(o) 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;

(p) 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 express permission;

(q) 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;

(r) 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;

(s) 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;
(t) play on another person’s Game Account to “boost” that Game Account’s status, level or rank;

(u) 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;

(v) encourage, promote, take part in or enable anyone else to do any
of the foregoing; or

(w) violate any applicable law or regulation.
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 [email protected].

8. Ownership of the Services
Our Services including our Content and Games are owned by us or our licensors. Our Services may let you upload, post and store photos and other content that you own. You retain your ownership of this content, to which we take a license.

We and our affiliates and licensors own all title, ownership, and intellectual property rights in the Services. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services. You understand and agree that you have no ownership interest in the Services or any Games or Content therein.

The Services (and particularly our Games) may have built-in mechanisms designed to prevent granting one user an unfairun-fair 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 unau-thorized programs or processes in connection with Cheating, subject to our Privacy Policy and applicable law. In the event that we in our sole discretion conclude that you are Cheating, you agree that we may exercise any or all of our rights under this EULA, including termination of this EULA and your access to our Services. In addition, if you Cheat in one Game or Service, we may terminate your license to use all of our Games and Services.
Although we are not obligated to monitor access to or use of the Services or to review or edit any Content, we have the right to do so for the purpose of operating and publishing the Services, to ensure compliance with this EULA, to protect the health or safety of anyone that we believe may be threatened, to protect our legal rights and remedies, to report a crime or offensive behavior, or to comply with applicable law. We may (but don’t have to) remove or disable access to any Content, at any time and without notice. We may (but don’t have to) investigate violations of this EULA or conduct that affects the Services.

9. Virtual Goods and Game Currency
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.
(a) Purchasing or Obtaining Virtual Goods and Game Currency. Subject to applicable foreign exchange control regula-tions 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 meth-ods, 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.
(b) 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 PRO-VIDED FOR INVESTMENT PURPOSES. Virtual Goods and Game Currency are licensed, not sold. Provided you com-ply 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 question 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 Goods or Game Currency if we suspect any
unauthorized programs or processesor fraudulent activity, and/or to correct any erroneous application of any Virtual Goods or Game Currency to your Account.
(c) Changes to Game Currency and Virtual Goods. Except as otherwise prohibited by applicable law, we,
in our sole dis-cretion, 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 “COMPA-NY 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 CUR-RENCY OR VIRTUAL GOODS LOST UPON (I) DELETION OR SUSPENSION OF YOUR ACCOUNT, (II) AD-JUSTMENTS TO THE GAME THAT RESULT IN THE VALUE OF VIRTUAL GOODS OR GAME CURRENCY CHANGING, OR (III) MODIFICATION, TERMINATION, OR EXPIRATION OF THIS EULA.

10. Refunds
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, re-fundable, 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.

11. Beta Testing
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 per-mission to use the Beta), you acknowledge and agree to the following terms in addition to the rest of this EULA:
(a) 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;
(b) 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 Cheating, subject to our Privacy Policy and applicable law. In the event that we in our sole discretion conclude that you are Cheating, you agree that we may exercise any or all of our rights under this EULA, including termination of this EULA and your access to our Services. In addition, if you Cheat in one Game or Service, we may terminate your license to use all of our Games and Services.

Although we are not obligated to monitor access to or use of the Services or to review or edit any Content, we have the right to do so for the purpose of operating and publishing the Services, to ensure compliance with this EULA, to protect the health or safety of anyone that we believe may be threatened, to protect our legal rights and remedies, to report a crime or offensive behavior, or to comply with applicable law. We may (but don’t have to) remove or disable access to any Content, at any time and without notice. We may (but don’t have to) investigate violations of this EULA or conduct that affects the Services.

9. Virtual Goods and Game Currency
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.

(a) Purchasing or 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.

(b) 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 question 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 Goods 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 Account.
(c) 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 EULA.

10. Refunds
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.

11. Beta Testing
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:

(a) 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;

(b) 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;

(c) 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:
(i) not use any Confidential Information other than as necessary to use the Beta in accordance with this EULA;
(ii) maintain Confidential 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;
(iii) not disclose the Confidential Information to any person or entity other than as permitted by us; and
(iv) not make any public announcements related to Beta or the Service, including publishing or disclosing any informationin-formation (e.g. screenshots and specifications) relating to the Beta, without our prior written approval, which we may grant or withhold in our sole discretion.

(d) 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 and when we release a full (non-Beta) version of the particular Game, we may allow your use of the Game to continue to the full version. If so allowed by us, your continued use of the Game will no longer be subject to this Section 11, but will still be subject to the rest of this EULA.

12. App Store; Console Games
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.
ap-ply.
Where a Game is made available to you via an App Store (whether on your mobile device or console), you acknowledge and agree to the terms in Schedule B-1 with respect to such Game.

13. Feedback
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 [email protected] 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,per-petual, 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 de-scribed 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 ob-scene or offensive language or submit any material that is, or may potentially be, defamatory, abusive or hateful, an in-vasion of anyone's privacy, harmful to other users, or in breach of any applicable law.

14. DMCA/Copyright Policy
We respect copyright law and expect our users to do the same. It’s our policy to terminate in appropriate circumstances Game Accounts of users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright hold-ers.

15. Third-Party Websites and Resources
Outside links are for your convenience, but we can’t guarantee them.
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links dis-played on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

16. Data Charges and Mobile Devices
This is a reminder that you’re responsible for any data-related charges that you may incur for using our Services.
You are responsible for all data-related charges that you may incur for using our Services, including, without limitation, mobile, text-messaging, and data charges. You should understand or ask your service provider what charges you may incur before using the Services.

17. Service and EULA Modifications
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 updat-ed 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, re-place, 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.

18. Warranty Disclaimers
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 require-ments 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.

19. Limitation of Liability
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:
(a) LOSS OF PROFITS,
(b) LOST REVENUE,
(c) LOST SAVINGS,
(d) LOSS OF DATA, OR
(e) 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, PROD-UCT 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 PRE-CEDING THE EVENTS GIVING RISE TO SUCH LIABILITY; OR (B) IF (A) DOES NOT APPLY, FIFTY DOLLARS ($50 USD). THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.
Notwithstanding the foregoing, some countries, states, provinces, or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this EULA will prejudice such rights that you may have as a consumer of the Services.

20. Indemnity
If someone sues us based on your breach of this EULA or your access or use of the Services, you agree to defend us or pay for our defense in that lawsuit.
You agree to indemnify (in other words, compensate for all and any losses incurred), pay the defense costs of, and hold the Company Parties and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees, costs, and expert witnesses’ fees) that arise out of or in any way are connected with: (a) your access to or use of the Services; or (b) any claim that, if true, would constitute a breach by you of this EULA. You agree to reimburse us for any payments made or loss suffered by us, whether in a court judgment or settlement, based on any matter covered by this Section 20.

21. Termination
We reserve the right to terminate this EULA as we see fit in accordance with the applicable law. Reasons we may termi-nate 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 termi-nates your App Store Account; or (d) we otherwise deem it necessary to suspend or modify your access to and use of the Services or terminate this EULA in our sole discretion. You may also terminate this EULA by deleting and uninstalling the Game on all of your devices or by deleting your App Store Account. A suspension or modification of your access to and use of the Services will result in your inability to access and use some or all features of the Services, as determined by us in our sole discretion. Upon any termination of this EULA, the rights granted to you will automatically terminate, you may no longer exercise any of those rights or this EULA. Subject to applicable law, we may, in our sole discretion, provide continued access to and use of the Services after such termination.
Where required by applicable law, termination of this EULA does not require a court decision to affect termination or a notice served by a court bailiff as a prerequisite to termination.
Except to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not this EULA has been terminated.
The following sections will survive termination of this EULA: 8 (first two sentences only), 13, 19, 20, 22 through 25, and this sentence of Section 21.

22. Dispute Resolution and Governing Law
You are agreeing to Laws of Singapore. If there is a dispute between us, we agree it’ll be resolved through arbitration, with each of us paying our own costs.
(a) Governing Law. You agree that 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 (col-lectively, “Disputes”) will be resolved in accordance with the laws of Singapore without reference to choice of law rules and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods. Any law or regulation which provides that the language of a contract will be construed against the drafter will not apply to this EULA.
(b) Dispute Resolution. Any Dispute will be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) under the Arbitration Rules of the SIAC in force at the time of delivery of the arbitration notice, which rules are deemed to be incorporated by reference in this clause.
(c) Arbitration Rules. The arbitration will be conducted in accordance with laws of Singapore with the seat of the arbitra-tion in Singapore, and the language of the proceedings will be in English. The Tribunal will consist of three (3) arbitra-tors, with each party nominating one arbitrator within thirty (30) days after the delivery of the arbitration notice. The appointment of such arbitrators will be confirmed by the SIAC, and both arbitrators will be instructed to and will agree on the third arbitrator within ten (10) days of their confirmation by the SIAC. Should either party fail to appoint an arbi-trator, or should the two arbitrators fail within ten (10) days to reach agreement on the third arbitrator, such arbitrator(s) will be appointed by the Secretary General of the SIAC. The arbitrators will award only such damages as are permitted to be awarded pursuant to this EULA.
(d) Costs. Each party will pay its own costs and expenses (including, without limitation, counsel fees) of any such arbi-tration; provided, however, that the parties will equally share the fees and expenses of the arbitrators.
(e) Injunctive Relief. Notwithstanding anything to the contrary in this EULA, either party may always apply to a court of competent jurisdiction for an injunction or any other legal or equitable relief.

23. No Assignment
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 at-tempt by you to assign or transfer this EULA, without such consent, will be null and void. Notwithstanding the title of this Section, we may freely assign or transfer this EULA without restriction. Subject to the foregoing, this EULA will bind and inure to the benefit of the parties, their successors and permitted assigns.

24. Miscellaneous
This EULA is our whole agreement (no outside promises). The official version is English. If parts of this EULA don’t apply, the rest remains as much as possible. If we don’t enforce part of this EULA, it doesn’t mean we won’t in the future or we won’t enforce our other rights. Also, except for App Stores, no one other than you or us can enforce this EULA.
(a) Entire 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.
(b) 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.
(c) 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, the remaining terms of this EULA will remain in full force and effect.
(d) No Waiver. Your and our actions or inactions will not create any other rights under this EULA except as what is ex-plicitly 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 other-wise.
(e) Your Status. You are not, nor acting on behalf of anyone who is:
a. subject to sanctions or export restrictions maintained by the United Nations, People’s Republic of China, United States (e.g., the Specially Designated Nationals and Blocked Persons List (“SDN List”) or the Entity List), the United Nations Security Council, the United Kingdom (including the Consolidated List of Financial Sanctions Targets), the European Union and any Member State thereof (including the Consolidated List of Persons, Groups and Entities Subject to Financial Sanctions), or any other list of restricted persons maintained by any authority with jurisdiction over you (any person so listed being a “Restricted Person”);
b. operating from or located or resident in a country or territory that is the target of comprehensive sanctions (“Embar-goed Territories”).
(f) General Trade Compliance. In connection with your use of the Services, you will comply with all applicable export controls and economic sanctions laws and regulations of the United Nations, People’s Republic of China, United States, European Union, United Kingdom, and other applicable government authorities (collectively, “Trade Laws”). You agree not to engage in any activities in connection with the use of the Services that would violate Trade Laws or that would risk placing us in breach of any Trade Laws. If we have reasons to believe that you are a Restricted Person, are in or a resident of Embargoed Territories, or otherwise engaging in activities that violate Trade Laws or would risk placing us in breach of any Trade Laws, we may, at our sole discretion, take any and all relevant actions, such as requesting you to cease the conduct that violates Trade Laws, disabling or suspending Services, terminating Services with immediate effect, or other remedial actions.
(g) Third-Party 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.
(h) EU Digital Services Act (DSA) and related legislation. Please refer to our DSA Landing Page where you can find: (a) information about our content moderation across our services and details on how you can notify us of any illegal or rule-breaking activity you come across; (b) details of our appointed legal representative and electronic point of contact for the purposes of the DSA; and (c) guidance for law enforcement and regulatory bodies should they wish to submit requests for the removal of illegal content in our services or information on certain users.

25. Contact Information
If you have any questions about this EULA or the Game, please contact us at our Support Email Address.

Schedule A-1: Addendum for residents of European Union, UK, and Brazil
For the purposes of this Schedule A-1: The EULA is a legal agreement between you and Sixjoy Hong Kong Limited, a company registered in Hong Kong with registered office at 29/F Three Pacific Place No.1 Queen's Road East Wanchai, Hong Kong, company registration number 58011219-000-02-23-3 if you are a resident of or located in the European Union, United Kingdom, or Brazil.
Virtual Goods and Game Currency: Notwithstanding Section 9(c) of this EULA, 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 AL-LEGED MONETARY VALUE OF GAME CURRENCY OR VIRTUAL GOODS LOST UPON (I) DELETION OR SUSPENSION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THIS EULA, OR (II) MODIFICA-TION, TERMINATION OR EXPIRATION OF THIS EULA IN ACCORDANCE WITH THE TERMS OF THIS EULA.
Warranty Disclaimers. Section 18 of this EULA is replaced in its entirety with the following:
The Company Parties (being us, our affiliates, directors, officers, employees, agents, and licensors) make no warranty that the Services will at all times meet your requirements or be available on an uninterrupted, secure, or error-free basis.
Limitation of Liability: Section 19 of this EULA is replaced in its entirety with the following:
19. Limitation of Liability
(a) NOTHING IN THIS EULA EXCLUDES OR LIMITS OUR LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY MAT-TER IN RESPECT OF WHICH IT WOULD BE UNLAWFUL FOR US TO EXCLUDE OR RESTRICT OUR LIABIL-ITY.
(b) WITHOUT AFFECTING SECTION 19(A), IF WE FAIL TO COMPLY WITH THIS EULA, WE ARE RESPONSI-BLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREACH OF THIS EULA OR OUR NEGLIGENCE, BUT WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF IT WAS AN OBVIOUS CONSEQUENCE OF OUR BREACH OR IF IT WAS CONTEMPLATED BY YOU AND US AT THE TIME THAT THIS EULA BECAME BIND-ING ON YOU AND US.
(c) WITHOUT AFFECTING SECTION 19(A) ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICA-BLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY PARTIES ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE SERVICES WILL NOT EXCEED: (A) THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) OR ARE PAYABLE BY YOU TO US FOR THE PARTICULAR GAME OR SERVICE IN QUESTION; OR (B) IF (A) DOES NOT APPLY, FIFTY DOLLARS ($50 USD).
Notwithstanding the foregoing, some countries, states, provinces, or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated
above, including,so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this EULA will prejudice such rights that you may have as a consumer of the Services.
Termination: Notwithstanding the provisions of Section 21 of this EULA, save as required by applicable law, we may, in our sole discretion, provide continued access to and use of the Services prior to such termination. We will have no liabil-ity to you if we terminate this EULA due to your breach of this EULA or due to circumstances beyond our reasonable control.
No Assignment: Notwithstanding the provisions of Section 23 of this EULA, we may freely assign or transfer this EULA
without limitation, intellectual propertyrestriction, provided that: (a) we will give you notice of such assignment or transfer; and (b) if you do not con-sent to such assignment or transfer, this EULA will be terminated.
Language: Notwithstanding the provisions of Section 24(b) of this EULA, the original language of this EULA is in Eng-lish; any translations are provided for reference purposes or to satisfy legal compliance obligations.
Moral Rights. Any reference to the waiver of moral
rights orunder this EULA is not applicable to you.
Cancellation of Virtual Goods and Game Currency. Notwithstanding the provisions of Section 10 of this EULA, you have a legal right to cancel your purchase of Virtual Goods and/or Game Currency – please see Exhibit 1 to this Sched-ule for more information.

Additional Terms for Residents of EU and UK
With respect to residents of EU and UK, the following additional terms apply:
Dispute Resolution: Section 22 of this EULA is replaced in its entirety with the following:
22. Dispute Resolution and Governing Law – EU and UK: The following applies if you are accessing, using, or have purchased the Services in the European Union or UK:
(a) This EULA is governed by English law. This means that your access to and use of the Services, your purchas-ing of Virtual Goods and Content, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by English law.
(b) You may bring any dispute which may arise under this EULA to – at your discretion - either the English courts, or to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court - competent to settle any of such a dispute. We shall bring any dispute which may arise under this EULA to the competent court of your country of habitual residence if this is in an EU Member State or otherwise in the English courts.
(c) As a consumer, if you are resident in the European Union and we direct the Services to the Member State in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this EULA, including Section 22, affects your
rights of publicity or privacy.

In posting
as a consumer to rely on such Feedback,mandatory provisions of local law.
(d) If
you warrant that your feedback is in compliance withwish to have more information on online dispute resolution, please follow 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.

14. DMCA/Copyright Policy
We respect copyright law and expect our users to do the same. It’s our policy to terminate in appropriate circumstances Game Accounts of users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

15. Third-Party Websites and Resources
Outside links are for your convenience, but we can’t guarantee them.

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

16. Data Charges and Mobile Devices
This is a reminder that you’re responsible for any data-related charges that you may incur for using our Services.

You are responsible for all data-related charges that you may incur for using our Services, including, without limitation, mobile, text-messaging, and data charges. You should understand or ask your service provider what charges you may incur before using the Services.

17. Service and EULA Modifications
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.

18. Warranty Disclaimers
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.

19. Limitation of Liability
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:

(a) LOSS OF PROFITS,
(b) LOST REVENUE,
(c) LOST SAVINGS,
(d) LOSS OF DATA, OR
(e) 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.

Notwithstanding the foregoing, some countries, states, provinces, or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this EULA will prejudice such rights that you may have as a consumer of the Services.

20. Indemnity
If someone sues us based on your breach of this EULA or your access or use of the Services, you agree to defend us or pay for our defense in that lawsuit.

You agree to indemnify (in other words, compensate for all and any losses incurred), pay the defense costs of, and hold the Company Parties and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees, costs, and expert witnesses’ fees) that arise out of or in any way are connected with: (a) your access to or use of the Services; or (b) any claim that, if true, would constitute a breach by you of this EULA. You agree to reimburse us for any payments made or loss suffered by us, whether in a court judgment or settlement, based on any matter covered by this Section 20.

21. Termination
We reserve the right to terminate this EULA as we see fit in accordance with the applicable law. Reasons we may terminate this EULA include, but are not limited to: if we wind down our game offerings in your region, if you violate this EULA, or if the App Store terminates your App Store Account.

To the fullest extent consistent with applicable law, we may suspend, modify or terminate your access to and use of the Services, including any Game, Virtual Goods, and Content, with no liability or notice to you, in the event that (a) we cease providing the Game to similarly situated users generally; (b) you breach any terms of this EULA (including the App Store Agreement(s) and our other policies specified in this EULA); (c) the owner of the applicable App Store terminates your App Store Account; or (d) we otherwise deem it necessary to suspend or modify your access to and use of the Services or terminate this EULA in our sole discretion. You may also terminate this EULA by deleting and uninstalling the Game on all of your devices or by deleting your App Store Account. A suspension or modification of your access to and use of the Services will result in your inability to access and use some or all features of the Services, as determined by us in our sole discretion. Upon any termination of this EULA, the rights granted to you will automatically terminate, you may no longer exercise any of those rights or this EULA. Subject to applicable law, we may, in our sole discretion, provide continued access to and use of the Services after such termination.

Where required by applicable law, termination of this EULA does not require a court decision to affect termination or a notice served by a court bailiff as a prerequisite to termination.

Except to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not this EULA has been terminated.

The following sections will survive termination of this EULA: 8 (first two sentences only), 13, 19, 20, 22 through 25, and this sentence of Section 21.

22. Dispute Resolution and Governing Law
You are agreeing to Laws of Singapore. If there is a dispute between us, we agree it’ll be resolved through arbitration, with each of us paying our own costs.

(a) Governing Law. You agree that any dispute, controversy, difference, or claim arising out of or relating to this EULA, a Game, or the Services, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to this EULA, a Game, or the Services (collectively, “Disputes”) will be resolved in accordance with the laws of Singapore without reference to choice of law rules and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods. Any law or regulation which provides that the language of a contract will be construed against the drafter will not apply to this EULA.

(b) Dispute Resolution. Any Dispute will be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) under the Arbitration Rules of the SIAC in force at the time of delivery of the arbitration notice, which rules are deemed to be incorporated by reference in this clause.

(c) Arbitration Rules. The arbitration will be conducted in accordance with laws of Singapore with the seat of the arbitration in Singapore, and the language of the proceedings will be in English. The Tribunal will consist of three (3) arbitrators, with each party nominating one arbitrator within thirty (30) days after the delivery of the arbitration notice. The appointment of such arbitrators will be confirmed by the SIAC, and both arbitrators will be instructed to and will agree on the third arbitrator within ten (10) days of their confirmation by the SIAC. Should either party fail to appoint an arbitrator, or should the two arbitrators fail within ten (10) days to reach agreement on the third arbitrator, such arbitrator(s) will be appointed by the Secretary General of the SIAC. The arbitrators will award only such damages as are permitted to be awarded pursuant to this EULA.

(d) Costs. Each party will pay its own costs and expenses (including, without limitation, counsel fees) of any such arbitration; provided, however, that the parties will equally share the fees and expenses of the arbitrators.

(e) Injunctive Relief. Notwithstanding anything to the contrary in this EULA, either party may always apply to a court of competent jurisdiction for an injunction or any other legal or equitable relief.

23. No Assignment
You cannot transfer or assign this EULA to anyone else.

You may not assign or transfer this EULA, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this EULA, without such consent, will be null and void. Notwithstanding the title of this Section, we may freely assign or transfer this EULA without restriction. Subject to the foregoing, this EULA will bind and inure to the benefit of the parties, their successors and permitted assigns.

24. Miscellaneous
This EULA is our whole agreement (no outside promises). The official version is English. If parts of this EULA don’t apply, the rest remains as much as possible. If we don’t enforce part of this EULA, it doesn’t mean we won’t in the future or we won’t enforce our other rights. Also, except for App Stores, no one other than you or us can enforce this EULA.

(a) Entire 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.

(b) 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.

(c) 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, the remaining terms of this EULA will remain in full force and effect.

(d) 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 otherwise.

(e) Your Status. You are not, nor acting on behalf of anyone who is:
a. subject to sanctions or export restrictions maintained by the United Nations, People’s Republic of China, United States (e.g., the Specially Designated Nationals and Blocked Persons List (“SDN List”) or the Entity List), the United Nations Security Council, the United Kingdom (including the Consolidated List of Financial Sanctions Targets), the European Union and any Member State thereof (including the Consolidated List of Persons, Groups and Entities Subject to Financial Sanctions), or any other list of restricted persons maintained by any authority with jurisdiction over you (any person so listed being a “Restricted Person”);
b. operating from or located or resident in a country or territory that is the target of comprehensive sanctions (“Embargoed Territories”).

(f) General Trade Compliance. In connection with your use of the Services, you will comply with all applicable export controls and economic sanctions laws and regulations of the United Nations, People’s Republic of China, United States, European Union, United Kingdom, and other applicable government authorities (collectively, “Trade Laws”). You agree not to engage in any activities in connection with the use of the Services that would violate Trade Laws or that would risk placing us in breach of any Trade Laws. If we have reasons to believe that you are a Restricted Person, are in or a resident of Embargoed Territories, or otherwise engaging in activities that violate Trade Laws or would risk placing us in breach of any Trade Laws, we may, at our sole discretion, take any and all relevant actions, such as requesting you to cease the conduct that violates Trade Laws, disabling or suspending Services, terminating Services with immediate effect, or other remedial actions.

(g) Third-Party 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.

(h) EU Digital Services Act (DSA) and related legislation. Please refer to our DSA Landing Page where you can find: (a) information about our content moderation across our services and details on how you can notify us of any illegal or rule-breaking activity you come across; (b) details of our appointed legal representative and electronic point of contact for the purposes of the DSA; and (c) guidance for law enforcement and regulatory bodies should they wish to submit requests for the removal of illegal content in our services or information on certain users.

25. Contact Information
If you have any questions about this EULA or the Game, please contact us at our Support Email Address.



Schedule A-1: Addendum for residents of European Union, UK, and Brazil

For the purposes of this Schedule A-1: The EULA is a legal agreement between you and Sixjoy Hong Kong Limited, a company registered in Hong Kong with registered office at 29/F Three Pacific Place No.1 Queen's Road East Wanchai, Hong Kong, company registration number 58011219-000-02-23-3 if you are a resident of or located in the European Union, United Kingdom, or Brazil.

Virtual Goods and Game Currency: Notwithstanding Section 9(c) of this EULA, 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 IN ACCORDANCE WITH THE TERMS OF THIS EULA, OR (II) MODIFICATION, TERMINATION OR EXPIRATION OF THIS EULA IN ACCORDANCE WITH THE TERMS OF THIS EULA.
Warranty Disclaimers. Section 18 of this EULA is replaced in its entirety with the following:
The Company Parties (being us, our affiliates, directors, officers, employees, agents, and licensors) make no warranty that the Services will at all times meet your requirements or be available on an uninterrupted, secure, or error-free basis.
Limitation of Liability: Section 19 of this EULA is replaced in its entirety with the following:

19. Limitation of Liability

(a) NOTHING IN THIS EULA EXCLUDES OR LIMITS OUR LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY MATTER IN RESPECT OF WHICH IT WOULD BE UNLAWFUL FOR US TO EXCLUDE OR RESTRICT OUR LIABILITY.

(b) WITHOUT AFFECTING SECTION 19(A), IF WE FAIL TO COMPLY WITH THIS EULA, WE ARE RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREACH OF THIS EULA OR OUR NEGLIGENCE, BUT WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF IT WAS AN OBVIOUS CONSEQUENCE OF OUR BREACH OR IF IT WAS CONTEMPLATED BY YOU AND US AT THE TIME THAT THIS EULA BECAME BINDING ON YOU AND US.

(c) WITHOUT AFFECTING SECTION 19(A) ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY PARTIES ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE SERVICES WILL NOT EXCEED: (A) THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) OR ARE PAYABLE BY YOU TO US FOR THE PARTICULAR GAME OR SERVICE IN QUESTION; OR (B) IF (A) DOES NOT APPLY, FIFTY DOLLARS ($50 USD).

Notwithstanding the foregoing, some countries, states, provinces, or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this EULA will prejudice such rights that you may have as a consumer of the Services.

Termination: Notwithstanding the provisions of Section 21 of this EULA, save as required by applicable law, we may, in our sole discretion, provide continued access to and use of the Services prior to such termination. We will have no liability to you if we terminate this EULA due to your breach of this EULA or due to circumstances beyond our reasonable control.

No Assignment: Notwithstanding the provisions of Section 23 of this EULA, we may freely assign or transfer this EULA without restriction, provided that: (a) we will give you notice of such assignment or transfer; and (b) if you do not consent to such assignment or transfer, this EULA will be terminated.

Language: Notwithstanding the provisions of Section 24(b) of this EULA, the original language of this EULA is in English; any translations are provided for reference purposes or to satisfy legal compliance obligations.

Moral Rights. Any reference to the waiver of moral rights under this EULA is not applicable to you.

Cancellation of Virtual Goods and Game Currency. Notwithstanding the provisions of Section 10 of this EULA, you have a legal right to cancel your purchase of Virtual Goods and/or Game Currency – please see Exhibit 1 to this Schedule for more information.

Additional Terms for Residents of EU and UK

With respect to residents of EU and UK, the following additional terms apply:

Dispute Resolution: Section 22 of this EULA is replaced in its entirety with the following:

22. Dispute Resolution and Governing Law – EU and UK: The following applies if you are accessing, using, or have purchased the Services in the European Union or UK:

(a) This EULA is governed by English law. This means that your access to and use of the Services, your purchasing of Virtual Goods and Content, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by English law.

(b) You may bring any dispute which may arise under this EULA to – at your discretion - either the English courts, or to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court - competent to settle any of such a dispute. We shall bring any dispute which may arise under this EULA to the competent court of your country of habitual residence if this is in an EU Member State or otherwise in the English courts.

(c) As a consumer, if you are resident in the European Union and we direct the Services to the Member State in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this EULA, including Section 22, affects your rights as a consumer to rely on such mandatory provisions of local law.

(d) If you wish to have more information on online dispute resolution, please follow this
link to the website of the EuropeanEuro-pean Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged and not willing to participate in online dispute resolution.
Retail Purchases. Notwithstanding the provisions of Section 6(d) of this EULA, all terms regarding foreign exchange control regulations will not apply.
Cancellation of Virtual Goods and Game Currency. Where you have purchased such Virtual Goods and/or Game Cur-rency other than directly from us, the details of your right to cancel will be set out in the applicable third-party terms. However, where you purchase such Virtual Goods and/or Game Currency directly from us the following will apply:
(i) prior to entering into this EULA or
other than directlyagreement with us for the provision by us to you of such Virtual Goods and/or Game Currency, we will ask you to confirm that: (A) you wish to be provided with such Virtual Goods and/or Game Currency immediately on purchase; and (B) by providing such confirmation you waive your right to cancel under applicable law; and
(ii) accordingly, by providing such confirmation you will waive your right to cancel your purchase of such Virtual Goods and/or Game Currency under applicable law.
EULA Modifications. Notwithstanding the provisions of Section 17 of this EULA, if we need to update this EULA, we will provide you with 30 days' prior written notice of the changes and, following the expiry of such notice period, you will be prompted to agree to the updated EULA upon your next access to the Services or when the updated EULA is otherwise communicated to you. You must agree to these updates to continue using the Services. Except as required to allow you to continue to use any Virtual Content and/or Game Currency that you have purchased
from us, the details of youryou agree that we do not have any maintenance or support obligations with respect to the Services.
Indemnity. Section 20 of this EULA is removed in its entirety and replaced with the following:
20. Intentionally Omitted.
Additional Terms for Residents of France
With respect to residents of France, the following additional terms apply:
Mediation: You have the
right to cancel will be set out in the applicable third-party terms. However, whereturn to a mediator to solve a dispute under the Agreement. Pursuant to article L 616-1 of the French consumer Code, we inform you purchase such Virtual Goods and/or Game Currency directly from us the following will apply:

(i) prior to entering into this EULA or other agreement with us for the provision by us to you of such Virtual Goods and/or Game Currency,
that the mediator(s) we will ask you to confirm that: (A) you wish to be provided with such Virtual Goods and/or Game Currency immediately on purchase; and (B) by providing such confirmation you waive your right to cancel under applicable law; and
(ii) accordingly, by providing such confirmation you will waive your right to cancel your purchase of such Virtual Goods and/or Game Currency under applicable law.
EULA Modifications. Notwithstanding the provisions of Section 17 of this EULA, if we need to update this EULA, we will provide you with 30 days' prior written notice of the changes and, following the expiry of such notice period, you will be prompted to agree to the updated EULA upon your next access to the Services or when the updated EULA is otherwise communicated to you. You must agree to these updates to continue using the Services. Except as required to allow you to continue to use any Virtual Content and/or Game Currency that you
have purchased from us, you agree that we do not have any maintenance or support obligations with respect to the Services.

Indemnity. Section 20 of this EULA is removed in its entirety and replaced with the following:

20. Intentionally Omitted.

Additional Terms for Residents of France

With respect to residents of France, the following additional terms apply:

Mediation: You have the right to turn to a mediator to solve a dispute under the Agreement. Pursuant to article L 616-1 of the French consumer Code, we inform you that the mediator(s) we have
chosen is:

Le service du Médiateur du e-commerce de la FEVAD
60 rue la Boétie
75008 PARIS
[email protected]
https://www.mediateurfevad.fr/

Eligibility and Registration. You are responsible for all activities that occur under your Game Account, whether or not you know about them, unless you manage to prove that such use is fraudulent. If you believe that your Game Account is no longer secure, then you must immediately notify us at our Support Email Address.

Licenses. The licenses defined in Sections 6(b), and 13 of this EULA are granted worldwide and for the duration of protectionpro-tection of intellectual property rights. The licenses defined in Sections 6(a) and 9(b) of this EULA are granted worldwide and for the duration of this EULA between you and us.

Legal Warranty: Legal conformity warranty: In accordance with article L224-25-12 and seq. of the French Consumer code, we shall provide digital content or a digital service in compliance with the contract and the criteria set out in Arti-cle L. 224-25-14. Where the contract provides for a one-off supply of the digital content or service, or a series of separate supply operations, we are liable for any lack of conformity existing at the time of supply and which appears within two years of the supply. Where the contract provides for the digital content or digital service to be supplied on a continuous basis, we shall be liable for lack of conformity which becomes apparent during the period in which the digital content or digital service is supplied under the contract. The applicable period does not deprive the consumer of his right to updates in accordance with the provisions of Article L. 224-25-14. Where224-25-25.
The starting point of the limitation period for the consumer's action is the day on which the consumer becomes aware of the lack of conformity. In the event of lack of conformity, the consumer is entitled to have the digital content or service brought into conformity or, failing that, to have the price reduced or
the contract providesrescinded under the conditions provid-ed by the French consumer code. The consumer also has the right to suspend payment of all or part of the price or deliv-ery of the benefit provided for in the contract until the business has fulfilled its obligations in accordance with Articles 1219 and 1220 of the Civil Code.
We will reimburse the sums or other benefit received under the contract to the consumer without undue delay and at the latest within fourteen days from the day on which we are informed by the consumer of his decision to exercise his right to reduce the price or rescind the contract.
The trader shall reimburse these sums using the same means of payment as the one used by the consumer when the con-tract was concluded, unless the consumer expressly agrees otherwise and in any event without any additional cost.
Additional Terms for Residents of Germany
With respect to residents of Germany, the following additional terms apply:
Limitation of Liability. Section 19(a) is replaced with the following:
Nothing in this EULA excludes or limits our liability for: (a) in case of intent (‘Vorsatz’) and gross negligence (‘grobe Fahrlässigkeit’); (b) in case of injuries to life, physical integrity/body or health; (c) pursuant to the terms of the German Product Liability Act (‘Produkthaftungsgesetz’); and/or (d) under
a one-off supply of the digital content or service, orguarantee we give.
We shall be liable for losses caused by breach of our Cardinal Duties. “Cardinal Duties” are such basic duties which form the essence of EULA, which were decisive for the conclusion of this EULA and on the performance of which you may rely. If we breach
a series of separate supply operations,Cardinal Duty through slight negligence (‘leichte Fahrlässigkeit’), then our ensuing liability shall be limited according to Section 19(c).
Additional Terms for Residents of Italy
With respect to residents of Italy, the following additional terms apply:
Nothing in this EULA excludes or limits our liability: (a) in case of willful misconduct (‘dolo’) and gross negligence (‘colpa grave’); (b) in case of injuries to life, physical integrity/body or health; (c) pursuant to the terms of the Italian Consumer Code with reference to product liability.
Additional Terms for Residents of Poland
With respect to residents of Poland, the following additional terms apply:
Nothing in this EULA excludes or limits our liability for: (a) wilful misconduct (‘wina umyślna’); (b) in case of injuries to life, physical integrity/body or health; (c) under statutory warranty (for consumers only) or (d) unsafe product.
Additional Terms for Residents of Brazil:
With respect to residents of Brazil, the following additional terms apply:
EULA Modifications. Notwithstanding any contrary provision in the EULA, modifications, amendments, supplements or terms to our fees, billing methods and terms applicable to App Currency, Virtual Goods or any purchases shall be ef-fective 30 days after you receive notice of the changes from us in any form.
Dispute Resolution – Brazil. Notwithstanding any contrary provision in the EULA, if you are accessing, using, or have purchased the Services in Brazil, you agree that any action related to this EULA will be resolved in accordance with the Brazilian laws, and that any dispute arising out of or in relation to this EULA shall be brought exclusively in the Brazil-ian courts, provided that you may choose to litigate in the court of your domicile.
Local representative. Pursuant to Digital Statute for Children and Adolescents (ECA Digital – Law No. 15,211/2025) in Brazil,
we have designated a local representative in Brazil as follows.
Henrique Rossetti Cleto
Avenida Queiroz Filho, 1,700, rooms 408 and 409
Tower E – Condomínio Villa Lobos Office Park
Vila Hamburguesa, São Paulo – SP, 05319-000, Brazil
E-mail: [email protected]

Exhibit 1 to Schedule A-1: Addendum for Cancellation (European Union, UK, and Brazil)
Right of Cancellation:
You have a legal right to cancel your purchase of Virtual Goods and/or Game Currency within 14 days without giving any reason.
The cancellation period shall be 14 days from the date on which you or a third party designated by you have taken pos-session of the Virtual Goods and/or Game Currency.
In order to exercise your right of cancellation, you must inform us of your name, postal address and, where available, your telephone number, fax number and e-mail address via the Support Email Address, and clearly state your decision to cancel your purchase of Virtual Goods and/or Game Currency from this EULA. You may use the Model Withdrawal Form, below, which is not mandatory. Alternatively, you can withdraw using any other clear statement setting out your decision to cancel the contract.
Your purchase of Virtual Goods and/or Game Currency will be deemed cancelled within the cancellation period if you sent the notification before the cancellation period expires.
Consequences of the Cancellation:
If you cancel your purchase of Virtual Goods and/or Game Currency, then we shall promptly remove the Virtual Goods or Game Currency associated with your purchase from your account, and we shall reimburse you immediately and no later than 14 days from the date on which we received notice of your cancellation for all payments we have received from you. Such refund will be made using the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you, and in no event will you be charged for such refund.
Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract)
I hereby give notice that I cancel my purchase of Virtual Goods and/or Game Currency (choose as applicable; please further describe so it is possible to identify to which Virtual Goods and/or Game Currency the cancellation refers).
- ordered on (please add date)/received on (please add date);
- your name;
- your address;
- your signature (only if this form is notified on paper); and
- date.

Schedule A-2: Addendum for residents of the United States
If you live in and/or access, use, or purchase the Services in the United States, Section 22 of this EULA is replaced in its entirety with the following:
22. Dispute Resolution and Governing Law - United States
With limited exceptions, any Dispute will be resolved solely by final and binding arbitration. You and we agree that we
are liableeach waiving the right to a trial by jury.
(a) Mandatory Arbitration of Disputes . We each agree that any and all Disputes between us (except those expressly specified below in Section 22(b)) shall be resolved exclusively through final and binding arbitration in accordance with the terms of this Section 22. A “Dispute” means any dispute, controversy, or claim arising out of or relating in any way to this EULA, the Services, or your relationship with us, regardless of whether it is based in contract, statute, regulation, ordinance, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. This Section 22 shall govern any and all Disputes between us, without limita-tion—including any Disputes that arose, accrued, or were asserted before the effective date of this EULA (including this version of Section 22)—irrespective of whether the Disputes are based on past, present, or future events and irrespective of whether substantially similar Disputes were previously asserted by any other party. WE EACH WAIVE THE RIGHT TO BRING SUCH DISPUTES TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL, WHERE APPLICABLE.
(b) Exceptions. As limited exceptions to Section 22(a) above:
(1) Instead of initiating an arbitration, either of us may seek to resolve a Dispute in small claims court in the county in which you reside if the small claims court has jurisdiction (which issue should be decided by that court);
(2) Either of us may seek injunctive or other equitable relief from a court to enjoin the infringement or misappropriation of intellectual property rights;
(3) A court may enter injunctive relief to enforce pre-filing requirements as provided below in Section 22(c) (Informal Dispute Resolution);
(4) A court may enforce the dispute resolution process
for coordinated filings as specified below in Section 22(g) (Coor-dinated Filings);
(5) Either party may opt out of arbitration and proceed in court after global mediation of Mass Arbitrations fails as ex-pressly provided below in Section 22(g) (Coordinated Filings);
(6) A court may enjoin the filing of an arbitration seeking to apply a prior arbitration agreement as provided below in Section 22(l) (Opt-Out of Modifications); and
(7) The entitlement to and extent of public injunctive relief must be litigated in court as provided below in Section 22(i) (Arbitration Award and Injunctive Relief).
Before
any lack of conformityarbitration proceeding may be commenced, you and we agree to first attempt to resolve our Dispute infor-mally. Any Dispute shall be dismissed if an arbitration was filed without fully and completely complying with these in-formal dispute resolution procedures.
(c) Informal Dispute Resolution. Before any arbitration proceeding may be commenced, we each agree to first attempt to resolve any Dispute informally, through good faith negotiation, for at least sixty (60) days. If you have a Dispute with us, you must first send us a written notice of your Dispute (“Notice of Dispute”) to the following email address: [email protected]. Your Notice of Dispute must be individual to you and must include your game user ID (“User ID”, a unique number used to identify your account, not your username or alias), your name, and both the mailing ad-dress and email address you would like us to use to contact you. If we have a Dispute with you, we will send a Notice of Dispute to the contact information we have in our files for you. A Notice of Dispute submitted by either you or us must (a) describe the nature and basis of the Dispute; and (b) set forth the specific amount of damages or other relief sought. A Notice of Dispute will not be valid and will not allow you or us later to commence an arbitration proceeding unless it contains all of the information required by this paragraph. The sixty (60)-day informal dispute resolution period shall run from the date on which either you or we receive a Notice of Dispute that complies with all of the requirements of this paragraph.
We each agree that during the sixty (60)-day informal dispute resolution period, we will personally meet, via tele-phone or videoconference, in a good-faith effort to negotiate and resolve informally any Dispute. If you are represented by counsel, your counsel may participate in such a meeting, but you also agree to fully participate in person in the con-ference. If you choose to have your counsel attend the conference, our counsel may also attend the conference, but we will have a company representative fully participate in person in the conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this Section 22(c).
We each agree that neither of us may commence any arbitration proceeding against the other unless you and we are unable to resolve the Dispute within sixty (60) days after one party receives the other party’s compliant Notice of Dis-pute and the party sending the Notice of Dispute has made a good faith effort to resolve its claim directly with the other party during that time, including meeting personally via telephone or videoconference, as required by this Section 22(c). You and we agree that any arbitration proceeding shall be dismissed if it was filed without fully and completely com-plying with these informal dispute resolution procedures. In particular, you and we agree that if either of us proceed to arbitration without first having sent a compliant Notice of Dispute and negotiating in good faith (including meeting per-sonally via telephone or videoconference) to resolve the Dispute in accordance with this Section 22(c), the arbitration provider has no jurisdiction over the Dispute and shall administratively close the Dispute. If the arbitration provider fails to close such Dispute, a court may enter injunctive relief to enforce the pre-filing requirements of this Section 22(c), in-cluding an injunction to stay any arbitration that has been commenced in violation of this Section 22(c).
The JAMS Arbitration Rules, including its fee schedule, will apply, except as modified by this EULA. The arbitrator and not a court will decide what Disputes are subject to arbitration, and whether this agreement to arbitrate is enforceable. Demands for Arbitration must include your User ID, be personally signed, and comply with filing standards.
(d) Arbitration Institution and Rules. Except as otherwise provided in Section 22(b), if you and we are unable to come to an informal resolution under Section 22(c), you and we agree to binding individual arbitration administered by Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its Streamlined Arbitration Rules and Procedures, available at https://www.jamsadr.com/rules-streamlined-arbitration/ , or, if applicable, its Mass Arbitration Procedures and Guide-lines, available at https://www.jamsadr.com/mass-arbitration-procedures . The fees and costs of the arbitration will be borne by both you and us according to the then-applicable JAMS Schedule of Fees and Costs. JAMS may also be reached at 800.352.5267 for further information. The terms in this Section 22 govern to the extent they conflict with JAMS rules.
Any arbitration hearings will take place in the county where you live, unless we both agree to a different location. The arbitrator shall have the authority to consider and grant dispositive motions and will apply the standards of the Fed-eral Rules of Civil Procedure governing such motions. You and we agree that, except as otherwise provided in Section 22(b), the arbitrator, and not any federal or state court or agency, shall have exclusive authority to decide all issues relat-ing to the validity, interpretation, applicability, scope, and enforceability of this agreement to arbitrate, including the ar-bitrability of any Dispute and any claim that all or any part of this arbitration agreement is void or voidable, to the extent permitted by applicable law.
(e) Demand for Arbitration . A party who wishes to commence an arbitration must submit a written Demand for Arbitra-tion to JAMS and give notice to the other party as specified in the applicable JAMS rules. A Demand for Arbitration must identify the game User ID at issue, which is necessary for proving the existence of an agreement to arbitrate be-tween us; failure to identify the User ID will be understood to mean you and we do not have an agreement. The Demand for Arbitration submitted by either you or us must set forth the claim(s) asserted, factual basis for the claim(s), and relief and/or remedy sought. The Demand for Arbitration must be personally signed by the party seeking arbitration. A failure to follow these filing requirements shall be a basis for dismissal of the Demand for Arbitration, including by a Process Administrator, as defined in JAMS Mass Arbitration Procedures and Guidelines. By signing any Demand for Arbitration, the signing party certifies to the best of its knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the Demand for Arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by
existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or analogous state law for either party’s vio-lation of this requirement.
(f) Offer of Judgment . In the arbitration proceedings, a party may serve a written offer of judgment on the other party to allow judgment on specific terms
at the time of supply andleast 10 days before the date set for the arbitration hearing. If the offer is accepted, the offer with proof of acceptance shall be submitted to JAMS, which appearsshall issue an award accordingly. If the offer is not accepted prior to the arbitration hearing or within two years of the supply. Where the contract provides30 days after it is made, whichever occurs first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration, other than with respect to costs. If the award that the other party finally obtains is not more favorable than the unaccepted offer, then the other party shall pay the reasonable costs incurred after the offer was made, to the extent such cost-shifting is not prohibited by applicable law or JAMS rules, provided that the arbitrator(s) shall have discretion to, in light of the circumstances, release you from the obligation to cover our costs in circumstances of financial hardship.
In the event of mass arbitration filings, cases will be grouped, one group will proceed first, and a global mediation will follow, after which remaining claimants or we may opt out of arbitration.
(g) Coordinated Filings. To the extent permitted by applicable law and notwithstanding any other provision of this Sec-tion 22, in the event seventy-five (75) or more claimants represented by the same or coordinated counsel file Demands
for the digital content or digital serviceArbitration raising substantially similar Disputes, these coordinated filings are considered “Mass Arbitrations” under JAMS Mass Arbitration Procedures and Guidelines, and you and we agree that the additional procedures in this Section 22(g) shall apply: (1) Arbitration of Bellwether Group: Once counsel representing you in the Mass Arbitrations has submitted at least seventy-five (75) compliant Demands for Arbitration to JAMS and the Process Administrator has heard and determined preliminary and administrative matters in accordance with JAMS Mass Arbitration Procedures and Guidelines and this Section 22, the Process Administrator shall randomly select ten (10) claimants to proceed first as a single consolidated arbitration before a panel of three (3) retired federal judges. After the arbitral panel is appointed, the parties in this initial group of 10 cases (“Bellwether Group”) shall conduct an initial preliminary conference with the ar-bitral panel, and shall use their best efforts to complete the arbitration of the Bellwether Group within 120 days of the initial preliminary conference.
(2) Global Mediation After Resolution of Bellwether Group: After the resolution of the Bellwether Group, the parties shall engage in a global mediation of all remaining cases with a mediator
to be supplied onjointly selected by counsel for all parties, and we will pay the mediation fee.
(3) Right to Opt Out After Global Mediation Fails: If the mediation does not yield
a continuous basis,global resolution, you and we shall be liablemay, separately or by agreement, opt out of arbitrating the Dispute raised in your Demand for lack of conformity which becomes apparent during the periodArbitration and elect to proceed in which the digital content or digital service is supplied under the contract. The applicable period does not deprive the consumer of his right to updates in accordance with the provisions of Article L. 224-25-25.

The starting point of the limitation period for the consumer's action is the day on which the consumer becomes aware of the lack of conformity. In the event of lack of conformity, the consumer is entitled to have the digital content or service brought into conformity or, failing that, to have the price reduced or the contract rescinded under the conditions provided
court. You may opt out by the French consumer code. The consumer also has the right to suspend payment of all or part of the price or delivery of the benefit provided for in the contract until the business has fulfilled its obligations in accordance with Articles 1219 and 1220 of the Civil Code.

We will reimburse the sums or other benefit received under the contract to the consumer without undue delay and
sending to JAMS and to us at the latest within fourteen days from the day on which we are informed by the consumer of his decision to exercise his right to reduce the price or rescind the contract.

The trader shall reimburse these sums using the same means of payment as the one used by the consumer when the contract was concluded, unless the consumer expressly agrees otherwise and in any event without any additional cost.

Additional Terms for Residents of Germany

With respect to residents of Germany, the following additional terms apply:

Limitation of Liability. Section 19(a) is replaced with the following:

Nothing in this EULA excludes or limits our liability for: (a) in case of intent (‘Vorsatz’) and gross negligence (‘grobe Fahrlässigkeit’); (b) in case of injuries to life, physical integrity/body or health; (c) pursuant to the terms of the German Product Liability Act (‘Produkthaftungsgesetz’); and/or (d) under a guarantee we give.

We shall be liable for losses caused by breach of our Cardinal Duties. “Cardinal Duties” are such basic duties which form the essence of EULA, which were decisive for the conclusion of this EULA and on the performance of which you may rely. If we breach a Cardinal Duty through slight negligence (‘leichte Fahrlässigkeit’), then our ensuing liability shall be limited according to Section 19(c).

Additional Terms for Residents of Italy

With respect to residents of Italy, the following additional terms apply:

Nothing in this EULA excludes or limits our liability: (a) in case of willful misconduct (‘dolo’) and gross negligence (‘colpa grave’); (b) in case of injuries to life, physical integrity/body or health; (c) pursuant to the terms of the Italian Consumer Code with reference to product liability.

Additional Terms for Residents of Poland

With respect to residents of Poland, the following additional terms apply:

Nothing in this EULA excludes or limits our liability for: (a) wilful misconduct (‘wina umyślna’); (b) in case of injuries to life, physical integrity/body or health; (c) under statutory warranty (for consumers only) or (d) unsafe product.

Additional Terms for Residents of Brazil:

With respect to residents of Brazil, the following additional terms apply:

EULA Modifications. Notwithstanding any contrary provision in the EULA, modifications, amendments, supplements or terms to our fees, billing methods and terms applicable to App Currency, Virtual Goods or any purchases shall be effective 30 days after you receive notice of the changes from us in any form.

Dispute Resolution – Brazil. Notwithstanding any contrary provision in the EULA, if you are accessing, using, or have purchased the Services in Brazil, you agree that any action related to this EULA will be resolved in accordance with the Brazilian laws, and that any dispute arising out of or in relation to this EULA shall be brought exclusively in the Brazilian courts, provided that you may choose to litigate in the court of your domicile.

Exhibit 1 to Schedule A-1: Addendum for Cancellation (European Union, UK, and Brazil)

Right of Cancellation:

You have a legal right to cancel your purchase of Virtual Goods and/or Game Currency within 14 days without giving any reason.

The cancellation period shall be 14 days from the date on which you or a third party designated by you have taken possession of the Virtual Goods and/or Game Currency.

In order to exercise your right of cancellation, you must inform us of your name, postal address and, where available, your telephone number, fax number and e-mail address via the Support Email Address, and clearly state your decision to cancel your purchase of Virtual Goods and/or Game Currency from this EULA. You may use the Model Withdrawal Form, below, which is not mandatory. Alternatively, you can withdraw using any other clear statement setting out your decision to cancel the contract.

Your purchase of Virtual Goods and/or Game Currency will be deemed cancelled within the cancellation period if you sent the notification before the cancellation period expires.

Consequences of the Cancellation:

If you cancel your purchase of Virtual Goods and/or Game Currency, then we shall promptly remove the Virtual Goods or Game Currency associated with your purchase from your account, and we shall reimburse you immediately and no later than 14 days from the date on which we received notice of your cancellation for all payments we have received from you. Such refund will be made using the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you, and in no event will you be charged for such refund.

Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract)

I hereby give notice that I cancel my purchase of Virtual Goods and/or Game Currency (choose as applicable; please further describe so it is possible to identify to which Virtual Goods and/or Game Currency the cancellation refers).

- ordered on (please add date)/received on (please add date);

- your name;

- your address;

- your signature (only if this form is notified on paper); and

- date.


Schedule A-2: Addendum for residents of the United States

Dispute Resolution and Governing Law: Section 22 of this EULA is replaced with its entirety with the following:

This section applies if you live in and/or access, use, or purchase the Services in the United States.

With limited exceptions, a Dispute will be resolved solely by final and binding arbitration. You and we agree that we are each waiving the right to a trial by jury.

(a) Mandatory Arbitration of Disputes . We each agree that any and all Disputes between us (except those specifically exempted below in Section 22(b)) shall be resolved exclusively through final and binding arbitration conducted by the American Arbitration Association (“AAA”). A “Dispute” means any dispute, controversy, or claim arising out of or relating in any way to this EULA or the Services. We each waive the right to bring such Disputes to court, including the right to a jury trial, where applicable.

(b) Exceptions. As limited exceptions to Section 22(a) above:
(i) Instead of initiating an arbitration, either of us may seek to resolve a Dispute in small claims court if it qualifies. If a Dispute qualifies for small claims court, but a party commences an arbitration proceeding, either party may elect instead to have the Dispute resolved in small claims court, and upon written notice of a party’s election, the AAA will administratively close the arbitration proceeding. Any disagreement about whether a Dispute qualifies for small claims court shall be resolved by that court, not by an arbitrator. In the event of any such Dispute, the arbitration proceeding shall remain closed unless and until a decision by the small claims court that the Dispute should proceed in arbitration.
(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 intellectual property rights.
(iii) We each retain the right to litigate the entitlement to and extent of public injunctive relief in court (as provided below in Section 22(g)).
If there is a Dispute between us, you and we agree to first attempt to resolve it informally.

(c) Informal Dispute Resolution. If there is a Dispute between us, we each agree to first attempt to negotiate any Dispute informally for at least sixty (60) days before initiating any arbitration (or court proceeding, if any of the exceptions in Section 22(b) applies). If you have a Dispute with us, you must first send us a written notice of your Dispute ("Notice of Dispute"). The Notice of Dispute should be sent to
[email protected], within the earlier of sixty (60) days after the start of mediation or thirty (30) days after conclusion of the mediation, your individual written notice of your intention to opt out of arbitrating the Dispute raised in your Demand for Arbitration. For your opt-out to be effec-tive, your written notice must be personally signed by you. We may opt out by sending our written notice to JAMS and to your arbitration counsel, within fourteen (14) days following the expiration of your opt-out period, written notice of our intention to opt out. For our opt-out to be effective, our written notice must be personally signed by a company rep-resentative. Counsel for the parties may agree to modify these deadlines. You and we agree that JAMS shall administra-tively close your case if either of us chooses to opt out.
(4) Court Proceedings for Opt-Out Cases: If your Dispute is brought in court after either party opts out in accordance with the procedures above, the forum and venue of your Dispute shall be governed by Section 22(k) (Forum and Venue). Notwithstanding the class action waiver in Section 22(h), you may seek class treatment to the fullest extent allowed by applicable law, but you and we agree that the putative class(es) you seek shall not include any individual whose Dispute remains subject to arbitration following the opt-out procedures above. You and we agree that unless either of us chooses to opt out with respect to the Dispute raised in your Demand for Arbitration in accordance with the opt-out procedures above, you may not be included in any such putative class sought by other claimants and may not bring your Dispute in court. Similarly, if you never commence an arbitration, you may not be included in any such putative class sought by other claimants and may not bring your Dispute in court.
(5) Stay of Remaining Cases and Tolling: During the pendency of the consolidated arbitration of the Bellwether Group, the global mediation, and the opt-out periods, the remaining cases shall be stayed, arbitrators shall not be appointed for those cases, and applicable statutes of limitations for those cases shall be tolled, and no arbitration fees shall be assessed in connection with those cases.
(6) Arbitration of Remaining Cases Absent Opt-Out: If the mediation does not yield a global resolution and you and we do not choose to opt out of arbitration in accordance with the procedures above, the parties shall cooperate to organize the Demands for Arbitration into randomized groups of 50 claimants each (plus, to the extent there are fewer than 50 claimants remaining, a final group consisting of the remaining claimants), with each group proceeding as a single con-solidated arbitration and with one arbitrator presiding over each group. An arbitrator may preside over multiple groups of cases.
(7) Procedures for Grouped Arbitration: For each group of cases that proceeds to arbitration (including the Bellwether Group), the arbitrator(s) shall decide all common issues of fact and law first—including considering and granting dis-positive motions under the standards of the Federal Rules of Civil Procedure governing such motions—before proceed-ing to deciding individual factual and legal issues and issuing individualized final awards. Within each group of cases, discovery shall be consolidated and coordinated. No final award from an arbitrator shall have preclusive effect in another arbitration; an order in a grouped arbitration, however, may be shared for its persuasive value in related grouped arbitra-tion proceedings.
You and we agree that although the resolution of our Disputes may be delayed in some circumstances, the process set forth in this Section 22(g) increases the efficiency of dispute resolution. You and we agree to cooperate in good faith to implement this dispute resolution process for Mass Arbitrations. You and we agree that the parties have a mutual in-terest in reducing the costs and increasing the efficiency of arbitration, and accordingly, either party may negotiate with JAMS for reduced arbitration fees and for streamlined or other procedures designed to reduce costs and increase the effi-ciency of arbitration.
A court shall have authority to enforce the process specified in this Section 22(g), including through injunctive re-lief. To the extent you are asserting the same or similar claims as other persons and are represented by the same or coor-dinated counsel, for the purpose of a court action permitted under Sections 22(c), 22(g), and 22(l), notwithstanding the class action waiver in Section 22(h), you and we agree that the action may proceed as a single, consolidated action.
You and we agree not to initiate or participate in a class, collective, or representative action and only to bring claims as an individual.
(h) Class Action Waiver
. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 22(G) (COORDINATED FILINGS), YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION, OR ANY OTHER ACTION WHERE ANOTHER INDIVIDUAL OR ENTITY ACTS IN A REPRESENTATIVE CAPACITY (E.G., PRIVATE ATTORNEY GENERAL ACTIONS). Further, if the parties’ Dispute is resolved through arbitration, except as expressly provided in Section 22(g) (Coordinated Filings) or unless you and we both agree, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative, collective, or class proceeding. This Section 22(h) does not pre-vent you or us from settling claims on a class, collective, or representative basis.
The arbitrator may award relief only on an individual basis. Any public injunctive relief (as defined below) sought must be litigated in a civil court after determinations of liability are made by the arbitrator.
(i) Arbitration Award and Injunctive Relief . An arbitrator shall make a decision in writing, which will include the find-ings and conclusions on which the decision is based. The arbitrator has the authority to issue any relief allowed by ap-plicable law, but the arbitrator shall have no authority to issue any relief on any basis other than an individual basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that a party seeks public in-junctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in court and not in arbitration, after all issues of liability are decided by the arbitrator. You and we agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any issues of liability in arbitration.
Delaware law governs our Disputes, except that the Federal Arbitration Act governs everything related to arbitration. You and we agree to the exclusive jurisdiction and venue of federal or state court in California for all Disputes that are not subject to arbitration.
(j) Governing Law . This EULA shall be governed by, and any Dispute between us shall be resolved in accordance with, the laws of the State of Delaware, without regard to conflict of laws provisions, except that the Federal Arbitration Act—and not any state arbitration law—governs everything related to arbitration (including interpretation and enforce-ment of this Section 22).
(k) Forum and Venue . You and we agree that, for the limited situations expressly identified in Section 22(b) that may or must proceed in court as opposed to arbitration, actions to enforce, challenge, or confirm any arbitral award, and pro-ceedings following a determination by the arbitrator that a Dispute is not arbitrable, the exclusive venue for such pro-ceedings shall be a federal court in the State of California. If those federal courts do not have subject matter jurisdiction, then the exclusive venue shall be a state court in the State of California. You and we consent to the jurisdiction of such California courts for purposes of such proceedings.
You can opt out of modifications made by this arbitration agreement in writing within 30 days. This Section 22 applies in full absent a valid opt-out.
(l) Opt-Out of Modifications . If you have previously agreed to arbitrate with us, you may opt out of the modifications to your prior arbitration agreement made by this Section 22 by sending us written notice no later than 30 days after the ef-fective date of this EULA. Opting out of this Section 22 has no effect on any previous, other, or future arbitration agree-ments that you may have with us, and all other parts of this EULA will continue to apply to you. To be effective, your written notice must be sent to [email protected] and must include your name, mailing address, User ID, email address, phone number, and an unequivocal statement that you want to opt out of this Section 22. This written notice must be dated and signed by you, and not any attorney, agent, or other representative of yours. Should you not opt out within the 30-day period in accordance with this procedure, you and we shall be bound by the terms of this Section 22 in full, including for any Disputes that arose, accrued, or were asserted before the effective date of this EULA. You and we agree that if you do not opt out in accordance with this procedure but either you or we commence an arbitration and seek to apply an arbitration agreement with us that predates this agreement, either you or we may seek injunctive relief in court, and a court may enter injunctive relief enjoining the filing of arbitration under the prior agreement.
Except for Section 22(h) (Class Action Waiver), if a part of this Section 22 is unenforceable, the rest still applies. This Section 22 survives termination.
(m) Severability . Except for Section 22(h) (Class Action Waiver), if any part of this Section 22 is found to be invalid or unenforceable, the other parts shall still apply. If Section 22(h) (Class Action Waiver) is found to be invalid or unen-forceable, then this entire Section 22 shall be void and unenforceable, except for paragraph (j) Governing Law, para-graph (k) Forum and Venue, and paragraph (n) Survival.
(n) Survival . Section 22 survives termination of this EULA.
Schedule A-3: Addendum for Residents of South Korea
For the purposes of this Schedule A-3: The EULA is a legal agreement between you and Sixjoy Hong Kong Limited, a company registered in Hong Kong with registered office at 29/F Three Pacific Place No.1 Queen's Road East Wanchai, Hong Kong, company registration number 58011219-000-02-23-3 if you are a resident of or located in South Korea.
Amendment Regarding Responsibility of a Legal Representative of a Minor: Notwithstanding Section 5(a) of this EULA, the legal representative of a minor hereby acknowledges and agrees that he/she is responsible for the Game Account cre-ated by the minor or the details of use of the Game Account by a user with respect to whom the legal representative gave consent when such user uses the Service.
Amendments and changes of fees, billing methods and terms applicable to Game Currency, Virtual Goods or to any purchases: Notwithstanding Section 9(a) of this EULA, we may modify, amend or supplement our fees, billing methods and terms applicable to Game Currency, Virtual Goods, or any purchases, and give a public notice of those changes to users by posting them within the Game Service or on the connection screen. When we notify you or publicly post those changes, we will also notify you or otherwise disclose that if a user does not express his/her consent or refusal, he/she will be deemed to have consented to those changes, and in case you fail to expresses your refusal by the date on which such changes take effect, we will consider you having consented to such changes. If any change is unacceptable to you, you may refuse such change and terminate the use of your Game Account.
Changes to Game Currency and Virtual Goods: The terms stipulating the changes made without notice to users and the users’ waiver of any and all legal claims under Section 9(c) of this EULA will not apply to you. Unless otherwise pro-hibited under applicable laws, we may modify, substitute, replace, suspend, cancel, or eliminate any Game Currency or Virtual Goods, including your ability to access or use Game Currency or Virtual Goods, in which case we will notify you of such changes within the Service in advance. Notwithstanding the foregoing, if it is unavoidably necessary to make any changes, such as correction of bugs/errors and urgent updates, or if the changes are not material, we may give a pub-lic notice of those changes afterward.
Limitation of Liability: Section 19 of this EULA is amended as follows:
Each of the Company and the user (the “Indemnifying Party”) shall indemnify the other party from all losses that arise out of any breach by the Indemnifying Party of this EULA; provided, however, that the foregoing shall not apply if such breach is not attributable to the Indemnifying Party’s intentional or negligent behavior.
Notwithstanding the foregoing, we shall not be held liable in any of the following cases:
(a) We shall not be liable for providing the Service, in case where the Service cannot be provided due to natural disaster or any equivalent force majeure event.
(b) We shall not be liable for any losses that arise out of the maintenance, replacement, regular inspection, or construc-tion of facilities for the Service or any other reasons equivalent thereto, unless such losses are attributable to our inten-tional or negligent behavior.
(c) We shall not be liable for any disruption in using the Service which is attributable to the user’s intentional or negli-gent behavior, unless the user has unavoidable or justifiable reasons.
(d) We shall not be liable for the reliability or accuracy of information or materials uploaded or posted by users in con-nection with the Service, unless we act intentionally or grossly negligently.
(e) We do not have any obligation to intervene in any transaction or dispute which takes place between you and another user or a third party in connection with the Service, and shall not be liable for any losses arising therefrom.
(f) We shall not be liable for any losses incurred by users which arise in connection with use of any free Service, unless such losses are attributable to our intentional or grossly negligent behavior.
(g) We shall not be liable for your failure to obtain expected profits or your loss of profits by using the Service.
(h) We shall not be liable for your losses of experience points, level, items, or Game Currency within the Game, unless such losses are attributable to our intentional or negligent behavior.
(i) We shall not be liable for your payments by a third party which arise due to your failure to manage the password of your mobile device or the password provided by your online marketplace operators, unless any losses are attributable to our intentional or negligent behavior.
(j) We shall not be liable for your inability to use whole or part of the Services due to any change of your mobile device or its number or OS version, overseas roaming, change of mobile carrier, etc., unless such inability is attributable to our intentional or negligent behavior.
(k) We shall not be liable for your deletion of any Content or Account information we have provided, unless such dele-tion is attributable to our intentional or negligent behavior.
(l) We shall not be liable for any losses incurred by a guest member which arise out of his/her use of the Service, unless such losses are attributable to our intentional or negligent behavior.
Termination: Section 21 of this EULA is amended as follows:
We may suspend whole or part of Services in the event that (a) it is necessary for operation of the system, including reg-ular inspection on the system, increase or replacement of servers, network unstability, etc.; (b) it is impossible to nor-mally provide the Services due to power failure, breakdown of a Service facility, traffic overload, repair or inspection of facilities by telecommunications service provider, etc.; or (c) war, incident, natural disaster or national emergency equiv-alent thereto or any other event beyond our control occurs. In such case, we will provide the prior notification of the reasons for and duration of such suspension on the beginning screen of the Game or the notice section of the Services; provided, however, that if we cannot provide the prior notification for a justifiable reason, we may notify you afterward.
As an elaboration of what is permitted by law as mentioned in Section 10 of this EULA, users who are residents of Korea have the following legal rights when purchasing Virtual Goods or Game Currency:
Unless otherwise provided in this EULA or other terms and conditions of transaction, end-users may cancel their purchase within 7 days from the date on which the end-user is notified of the purchase of virtual items/currency. However, the purchase cannot be canceled if the user has used or partially consumed virtual goods or game currency, or in other cases stipulated by applicable laws of Korea. However, notwithstanding the above, if the contents of the virtual goods or game currency are different from the display/advertisement contents provided by us, or if the contents are per-formed differently from the contract contents, the user may cancel within three months from the date of receiving the virtual good or game currency, or within 30 days from the date he/she knew or could have known such fact.
When a refund is received for purchase cancellation, refunds will be processed by the App Store operator where you made relevant purchase according to their refund operation policy and procedure.
If a user who is a minor under the laws of Korea concludes a purchase contract for virtual goods or game currency, the Company informs the minor that his/her guardian or the minor himself/herself may cancel the con-tract, if his/her guardian does not agree in regard to the contract. We may request the submission of documents proving that you are a minor or a legal representative. However, if a minor purchases virtual goods or game currency with the property permitted for disposition by their legal representative, if a minor has deceived us into believing that he is an adult, or if the minor has the consent of his legal representative, the contract cannot be cancelled.
Effect of withdrawal of subscription: If you cancel your purchase, we will retrieve or delete the canceled Virtual Goods or Game Currency. Please note that we may only retrieve or cancel such Virtual Goods or Game Currency after platform operator has notified us about the refund.
Local representative: Pursuant to the Game Industry Promotion Act of Korea, we have designated a local representative in Korea as follows.
Bae, Kim & Lee LLC (Representative Attorney Soonik Kwon)
Phone number: +82-2-3404-0012
Email: [email protected]
Address: Centropolis B, 26, Ujeongguk-ro, Jongno-gu, Seoul, Republic of Korea (Zip code: 03161)
Schedule A-4: Addendum for Residents of Japan
Age: The age of majority as referred to in Section 5(a) in this EULA means, prior to April 1, 2022, those who are 20 years of age or more, and, on and after said date, those who are 18 years of age or more. If you are a minor, you must have your parent or other legal guardian read and accept this EULA before creating a Game Account.
Moral Rights: Any reference to the waiver of moral rights under this EULA is not applicable to you. You agree not to exercise any of your moral rights to the User Content, including the right to be indicated as the author of the User Con-tent, against us or any third party designated by us.
EULA Modifications: Notwithstanding the provisions of Section 17 of this EULA, we may modify this EULA in ac-cordance with the applicable law. In the case of any modification to this EULA, the effective date of the modification and the contents of this EULA after the modification will be posted on our website or otherwise notified to you by a method separately determined by us. If you use the Services after the effective date of the modification of this EULA, you shall be deemed to have agreed to the revised EULA.
Limitation of Liability: Any reference to the limitation on our liability to you under this EULA (including Section 19) does not apply to damage incurred by you as a result of our intentional acts or gross negligence.
Schedule A-5: Addendum for Residents of Russia
We are a company registered in Hong Kong with registered office at 29/F Three Pacific Place No.1 Queen's Road East Wanchai, Hong Kong, company registration number 58011219-000-02-23-3.
Moral Rights: Any reference to the waiver of moral rights under this EULA is not applicable to you. You do, however, allow us to use any User Content anonymously without indicating your name, if applicable, and to edit, amend, cut, an-notate, illustrate, provide any other comments to User Content as we deem reasonable and appropriate.

Schedule A-6: Addendum for Residents of Morocco
In this EULA, “we” refer to a company registered in Hong Kong with registered office at 29/F Three Pacific Place No.1 Queen's Road East Wanchai, Hong Kong , company registration number 58011219-000-02-23-3 .
Amendments and changes of fees, billing methods and terms applicable to Game Currency, Virtual Goods or to any purchases: Notwithstanding provisions of section 9, changes to our fees, billing methods and terms applicable to Game Currency, Virtual Goods or to any purchases, shall be effective immediately upon notification duly received by you, and shall be incorporated by reference into this EULA. If any change is unacceptable to you, you may decline these changes and terminate the use of your Game Account at any time.
Changes to Game Currency and Virtual Goods. Waiver of notice provided for under section 9(c) does not apply to you. Except as otherwise prohibited by applicable law, and subject to reasonable notice, we, in our sole discretion, may mod-ify, substitute, replace, suspend, cancel, or eliminate any Game Currency or Virtual Goods, including your ability to ac-cess or use Game Currency or Virtual Goods.
Right of legal recourse: Any reference to a waiver of any legal recourse relating to purchased Game Currency, Virtual Goods, or to any purchase under sections 1 and 9(c) is not applicable to you.
Moral Rights: Any reference to the waiver of moral rights under this EULA is not applicable to you. You do, however, allow us to use any User Content anonymously without indicating your name, if applicable, and to edit, amend, cut, an-notate, illustrate, provide any other comments to User Content as we deem reasonable and appropriate.
Refunds: Notwithstanding provisions of section 10 of this EULA, we may not revoke your license to purchased Virtual Goods, and/or Game Currency, and/or any other purchase without reasonable notice nor your serious misconduct. You may also exercise your right of withdrawal within seven (7) days of your acceptance of the license or, where applicable, of each purchase.
Also, in the event that we are unable to honor any of your purchases within seven (7) days, your withdrawal right period is extended to eight (8) more days following the expiry of your initial seven (7) withdrawal period as provided under Moroccan law 31-08 on consumer protection.
Service and EULA Modification: Notwithstanding provisions of section 17 of the EULA, you will be prompted to accept or decline any Service and EULA Modification. If any change is unacceptable to you, you may decline these changes and terminate the use of your Game Account at any time.
Warranty Disclaimers: Provisions of section 18 apply to purchased Virtual Goods and/or purchased Game Currency, provided that such purchases fulfill and comply with their announced characteristics and description thereof at the time of purchase.
Indemnity:
Your Notice of obligation to indemnify us is limited to actual damage suffered by us directly caused by your act, fault, or gross negligence.
Dispute mustResolution and Governing Law: Any dispute, controversy, difference, or claim arising out of or relating to this EULA, a Game, or the Services, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to this EULA, a Game, or the Ser-vices (collectively, “Disputes”) will be individualresolved in accordance with the laws of Morocco.
In the event of a Dispute, the competent court shall be the court having jurisdiction over your place of residence.
Language: This EULA is provided
to you and must includewith an Arabic translation.

Schedule A-7: Addendum for Residents of Tunisia
Moral Rights: Any reference to the waiver of moral rights under this EULA is not applicable to you. You do, however, allow us to use any User Content anonymously without indicating
your game id andname, if applicable, and to edit, amend, cut, an-notate, illustrate, provide any other comments to User Content as we deem reasonable and appropriate.
Refunds: Notwithstanding provisions of section 10 of this EULA, we may not revoke your license to purchased Virtual Goods, and/or Game Currency, and/or any other purchase without reasonable notice nor your serious misconduct. You may also exercise your right of withdrawal within ten (10) days of your acceptance of the license or, where applicable, of each purchase.
Warranty Disclaimers: Provisions of section 18 apply to purchased Virtual Goods and/or purchased Game Currency, provided that such purchases fulfill and comply with their announced characteristics and description thereof at the time of purchase.

Schedule A-8: Addendum for residents of Australia
For the purposes of this Schedule A-8: The term "Services" means collectively, and sometimes individually, the follow-ing: (a) each of our Games, and (b) any websites, software or other services we provide with or in support of the Game, whether or not they are installed or used on a computer, console, or a mobile device (i.e. it is as otherwise defined in the EULA). If we use the term "services" without capitalization, it means any benefits, privileges, or facilities we provide to you under this EULA. The term "Australian Consumer Law" refers to Schedule 2 of the Competition and Consumer Act (2010).
Moral Rights: Any reference to the waiver of moral rights under this EULA is not applicable to you. You do, however, allow us to use any User Content anonymously without indicating your name, if applicable, and to edit, amend, cut, an-notate, illustrate, provide any other comments to User Content as we deem reasonable and appropriate.
License – Retail Purchase: Notwithstanding provisions of section 6 of this EULA, our codes or keys come with guaran-tees that cannot be excluded under the Australian Consumer Law. Pursuant to the Australian Consumer Law, if we are deemed the manufacturer of the code or key you can elect to seek a remedy from us rather than a third party who you purchased your code or key from. Other than any obligations we have under the Australian Consumer Law, we will have no responsibility for these codes or keys purchased from any third party or if any purchase occurred in breach with any applicable foreign exchange control regulations.
Changes to Game Currency and Virtual Goods: Notwithstanding provisions of section 9 of this EULA, our Services and Games come with guarantees under the Australian Consumer Law, which are not excluded.
Refunds: Notwithstanding provisions of section 10 of this EULA, the provision of refunds is subject to applicable law, including, but not limited to, the extent required under the Australian Consumer Law. All Games, Virtual Goods and Game Currency are not redeemable, refundable, or eligible for any other alternate remedy for any “real world” money or anything of monetary value, unless we have obligations to provide you with a remedy under the Australian Consumer Law, or otherwise if they are defective, unavailable, or do not perform in accordance with the specifications we provide.
Beta Testing: Notwithstanding provisions of section 11 of this EULA, unless you are otherwise entitled to a remedy pursuant to the Australian Consumer Law, termination of a Beta by us and your participation in a Beta does not entitle you to any compensation or any free Services, including any Content and Game Currency.
Accessing a Game from an App Store. Notwithstanding provisions of section 12 of this EULA, where a Game is made available to you via an App Store, the provisions of this EULA are subject to any obligations we may have under the Australian Consumer Law which cannot be excluded.
Warranty Disclaimers: Notwithstanding provisions of section 18 of this EULA, for the Services you acquired directly from us, our Services come with guarantees that cannot be excluded under the Australian Consumer Law. In addition, even if you acquired our Services from a third party, you may be entitled to a remedy from us if we are the manufacturer of the Services, as provided for under the Australian Consumer Law. Third-party branded products purchased from us may also come with guarantees that cannot be excluded under the Australian Consumer Law.
The Warranty Disclaimers in Section 18 of the EULA only apply to the extent permitted by law, including to the extent permitted under the Australian Consumer Law.
Limitation of Liability: Notwithstanding provisions of section 19 of this EULA, any limitation of liability is only ex-pressed to the extent permitted under applicable law, including the Australian Consumer Law, which provides guarantees and remedies which cannot be excluded. The remedy you are entitled to under the Australian Consumer Law from us in the event of a failure to comply with the consumer guarantees will depend on whether we are the supplier and/or the manufacturer of the Services you acquire, and whether the failure is a major or minor failure.
For example, if we are the supplier of the Services to you, for major failures with a service, you are entitled to cancel your service contract with us, and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
Termination: Notwithstanding provisions of section 21 of this EULA, in certain circumstances, you may be entitled to a remedy under to the Australian Consumer Law.
Dispute Resolution and Governing Law. Notwithstanding provisions of section 22 of this EULA, the governing law is set only to the extent permitted by law, and does not prevent action in a Court where a statutory right which cannot be excluded arises.


Schedule A-9: Addendum for Residents in Mexico
We are a company registered in Hong Kong with address at 29/F Three Pacific Place No.1 Queen's Road East Wanchai, Hong Kong , company registration number 58011219-000-02-23-3 . This addendum will only apply if you reside in Mexico and the laws of Mexico are applicable to you.
Limitations: To the extent that the EULA would conflict with the Federal Consumer Protection Law, we agree to abide by the provisions of such law and not the provisions of the EULA, while the remaining provisions of the EULA shall apply mutatis mutandi. We may modify or terminate our obligations to the extent permitted by the Federal Consumer Protection Law; particularly for the situations out of our control as set forth in Section 9(c). We can also suspend or ter-minate our Service to you if we reasonably decide that you have breached the EULA or this addendum or if we deter-mine that you are behaving improperly towards other users or our employees, agents, or contractors, or as may be re-quired under the applicable law, or for technical reasons such as maintenance, updates and other technical or financial reasons in accordance with the nature of the Game.
Refund: The provisions of the EULA regarding refunds in section 10 of the EULA will not apply to the extent that they conflict with our obligations under the Federal Consumer Protection Law of Mexico. All remaining provisions of the EULA will remain in force mutatis mutandi.
License and Use of the Services: To the extent permitted by the laws of Mexico, a license granted under section 6 with respect to the User Content also includes a license to use your personal image to the extent it is visible on the User Con-tent. Should you wish to exercise your rights under article 87 of the Federal Copyright Law to revoke authorization to use your image, you may do so by sending an email to the Support Email Address detailing the content in which your image is shown. You hereby acknowledge that you authorize a grace period of thirty natural days upon receipt of your request to delete the content or edit it as to remove your personal image from it.
In case you wish to exercise the Moral Rights over the User Contents prescribed by article 21 of the Federal Copyright Law, you agree to send an email to the Support Email, detailing the right you wish to exercise, and the User Content in-volved. You further agree to cover any and all expenses, damages and lost profits that may be generated by the compli-ance with such request
both the mailing address and email addressto us and to third parties in advance. You further provide us with a term no less than six calendar months to comply with your request, upon your payment of the respective expenses, damages, and lost profits.
Minimum Requirements. You acknowledge and agree that we assume no liability in the event that your device is in-compatible with the minimum requirements, or if its configuration does not allow
you would liketo play the Game with the desired quality. We assume no responsibility for any modifications that you may make to your device, its configuration, or any third-party software you install on it.
Seizure warning. The provisions of 6(f) apply mutatis mutandi to any other physical, neurological, psychological, emo-tional, or psychiatric issue, condition, or problem you may have, and which may be affected or altered by the use of a Game. It is your responsibility to contact your healthcare provider to determine if any actual or potential problem in your physical, mental, or emotional health could be affected by the use of a Game.
Player Conduct: You further agree for the purposes of section number 7 of the EULA that when reporting abuse, we are not required to take action and that we may differ from you on the appreciation of the relevant facts. You agree that when reporting abuse, you will do so truthfully, and that falsely reporting abuse might be a cause for
us to deny your access to the Services.
Dispute Resolution and Governing Law. To the extent that section 22 of the EULA is found to be incompatible with arti-cle 92 of the Federal Consumer Protection Law by the Federal Consumer Protection Agency or local or federal judge in Mexico, the parties agree to be bound by the Federal Courts of Mexico City and, to the extent permitted by the Federal Consumer Protection Law, that the provisions of the Commerce Code will be applicable for interpreting the EULA and this addendum, followed by those of the Federal Civil Code, if necessary.
Schedule A-10: Addendum for Residents in Canada
If you are a consumer who is a resident of Canada, the following provisions apply.
Ownership of the Services. If you Cheat, you agree that we may exercise any or all of our rights under this EULA, in-cluding termination of this EULA and your access to our Services.
Purchasing or Obtaining Virtual Goods and Game Currency. Waiver of notice provided for under section 9(a) does not apply to you, to the extent prohibited by applicable law. Modifications, amendments, supplements, or terms are effective subject to notice as provided by applicable law and are hereby incorporated by reference into this EULA. If any change is unacceptable to you, you may terminate the
use to contact you. of your Game Account at any time.
Changes to Game Currency and Virtual Goods. Waiver of notice provided for under section 9(c) does not apply to you, to the extent prohibited by applicable law. Subject to notice to the extent provided by applicable law, we, in our sole dis-cretion, may modify, substitute, replace, suspend, cancel, or eliminate any Game Currency or Virtual Goods, including your ability to access or use Game Currency or Virtual Goods.
Service and EULA Modifications. Waiver of notice provided for under section 17 does not apply to you, to the extent prohibited by applicable law.
Warranty Disclaimers. Waiver of legal warranties do not apply to you, to the extent prohibited by applicable law.
Limitation of Liability. The limitation or exclusion of our liability for the consequences of our own acts will not apply to you, to the extent prohibited by applicable law.
Termination. Payments and fees may be refundable solely to the extent provided by applicable law.
Governing Law: Notwithstanding Section 22(a), any Dispute will be resolved in accordance with the laws of the prov-ince or territory in which you reside and the federal laws of Canada applicable therein, without reference to any choice of law rules, and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods.
Dispute Resolution. Notwithstanding Section 22, either you or we may elect to have the Dispute finally and exclusively resolved by binding arbitration, in your province or territory of residence, in accordance with the applicable arbitration legislation. This section is set only to the extent permitted by law, and does not prevent action in courts of competent jurisdiction of the province or territory of your principal residence where such a right cannot be excluded under applica-ble law.
Language. Section 24(b) does not apply to you, to the extent prohibited by applicable law.


Schedule B-1: App Store Terms
If we haveyou download a Dispute with you, we will send a Notice of Dispute to the contact information we haveGame from the App Store, then notwithstanding anything in our filesthis EULA to the contrary, you acknowledge and agree that:
We, and not the App Store, are solely responsible
for you. A Notice of Dispute must (i) describe the nature and basis of the Dispute; and (ii) set forth the specific amount of damages or other relief sought. A Notice of Dispute will not be valid and will not allow you or us later to initiate arbitration or court proceeding, unless it contains all of the information required by this paragraph.
You and we agree that informal efforts to resolve disputes often can result in a prompt and efficient resolution. We therefore agree that, after a Notice of Dispute is sent but before either of us commence arbitration, we will personally meet, via telephone or videoconference, in a good-faith effort to resolve informally
the Game.
The App Store has no obligation to provide
any Dispute. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference. Likewise, if we are represented by counsel, our counsel may participate in the conference, but we will have a company representative fully participate in the conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
We each agree that either of us may not commence any arbitration or court proceeding unless you and we are unable to resolve the Dispute within sixty (60) days after one party receives the other party’s completed Notice of Dispute and the party sending the Notice of Dispute has made a good faith effort to resolve its claim directly with the other party during that time.
The AAA’s Consumer Arbitration Rules, including Rules on costs, will apply, unless modified by this EULA. Arbitration will be near where you live.

(d) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted under AAA’s 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. Your Demand for Arbitration must include your game id, which is necessary for proving the existence of an agreement to arbitrate between us. You must provide your game id in your Demand for Arbitration as a condition of commencing an arbitration. Your failure to do so shall be a basis for dismissal of your claim, including by a process arbitrator who is appointed in a mass arbitration, as defined in AAA Mass Arbitration Supplemental Rules (available at https://www.adr.org/sites/default/files/Mass_Arbitration_Supplementary_Rules.pdf)
You and we agree that the arbitrator shall have exclusive authority to decide all issues relating to the validity, interpretation, applicability, scope, and enforceability of this agreement to arbitrate, including the arbitrability of any Dispute.

Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location.

(e) Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, including any fee supplements the AAA issues. If we prevail in arbitration, we are entitled to seek an award of attorneys’ fees and expenses if the arbitrator finds your Dispute frivolous; we will pay all of our attorneys’ fees and costs and won’t seek to recover them from you in all other circumstances. If you prevail in arbitration, you will be entitled to seek an award of attorneys’ fees and expenses to the extent provided under applicable law.
You agree not to initiate or participate in a class action and only bring claims as an individual. Your dispute can’t be combined with other people’s claims.

(f) Class Action Waiver. YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, unless you and we both agree, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
Except for Section 22(b), the arbitration may only award injunctive relief for the party seeking injunctive relief, and to the extent necessary to provide that relief. Any public injunctive relief sought must be litigated in a civil court after determinations of liability are made by the arbitrator.

(g) Injunctive and Declaratory Relief. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that a party seeks public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in court and not in arbitration, after all issues of liability are decided by the arbitrator. You and we agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any issues of liability in arbitration.
The laws of the state of your domicile or where you access, use, or purchase the Services govern our Disputes, except that the Federal Arbitration Act governs everything related to arbitration. You and we agree to the exclusive jurisdiction and venue of federal or state court in the Northern District of California for all disputes heard in court (excluding arbitration).

(h) Governing Law. If you live in the United States, any Dispute between us will be governed by the laws of the state of your domicile, without regard to its conflict of laws provisions, except that the Federal Arbitration Act governs everything related to arbitration. If you do not live in the United States, but you access, use, or purchase the Services in the United States, any Dispute between us will be governed by the laws of the U.S. state where you access, use, or purchase the Services, without regard to its conflict of laws provisions, except that the Federal Arbitration Act governs everything related to arbitration.

(i) Forum and Venue. Except as otherwise expressly set forth in this Section 22:
(i) If U.S. federal jurisdiction exists, you and we consent to exclusive jurisdiction and venue in the federal court in the Northern District of California for all disputes heard in court (excluding arbitration); and
(ii) If U.S. federal jurisdiction does not exist, you and we consent to exclusive jurisdiction and venue in the state court in the Northern District of California for all disputes heard in court (excluding arbitration).
If a part of this Section is unenforceable, the rest still applies. This Section survives termination.

(j) Severability. Except for paragraph (f) of this Section 22, if an arbitrator or court decides that any part of this Section 22 is invalid or unenforceable, the other parts will still apply. If an arbitrator or court decides that paragraph (f) Class Action Waiver is invalid or unenforceable, then this entire Section 22 shall be void and unenforceable, except for paragraph (h) Governing Law, paragraph (i) Forum and Venue, and paragraph (k) Survival.

(k) Survival. Section 22 survives termination of this EULA.

Schedule A-3: Addendum for Residents of South Korea

For the purposes of this Schedule A-3: The EULA is a legal agreement between you and Sixjoy Hong Kong Limited, a company registered in Hong Kong with registered office at 29/F Three Pacific Place No.1 Queen's Road East Wanchai, Hong Kong, company registration number 58011219-000-02-23-3 if you are a resident of or located in South Korea.

Amendment Regarding Responsibility of a Legal Representative of a Minor: Notwithstanding Section 5(a) of this EULA, the legal representative of a minor hereby acknowledges and agrees that he/she is responsible for the
Game Account created by the minor or the details of use of the Game Account by a user with respect to whom the legal representative gave consent when such user uses the Service.

Amendments and changes of fees, billing methods and terms applicable to Game Currency, Virtual Goods or to any purchases: Notwithstanding Section 9(a) of this EULA, we may modify, amend or supplement our fees, billing methods and terms applicable to Game Currency, Virtual Goods, or any purchases, and give a public notice of those changes to users by posting them within the Game Service or on the connection screen. When we notify you or publicly post those changes, we will also notify you or otherwise disclose that if a user does not express his/her consent or refusal, he/she will be deemed to have consented to those changes, and in case you fail to expresses your refusal by the date on which such changes take effect, we will consider you having consented to such changes. If any change is unacceptable to you, you may refuse such change and terminate the use of your Game Account.

Changes to Game Currency and Virtual Goods: The terms stipulating the changes made without notice to users and the users’ waiver of any and all legal claims under Section 9(c) of this EULA will not apply to you. Unless otherwise prohibited under applicable laws, we may modify, substitute, replace, suspend, cancel, or eliminate any Game Currency or Virtual Goods, including your ability to access or use Game Currency or Virtual Goods, in which case we will notify you of such changes within the Service in advance. Notwithstanding the foregoing, if it is unavoidably necessary to make any changes, such as correction of bugs/errors and urgent updates, or if the changes are not material, we may give a public notice of those changes afterward.

Limitation of Liability: Section 19 of this EULA is amended as follows:

Each of the Company and the user (the “Indemnifying Party”) shall indemnify the other party from all losses that arise out of any breach by the Indemnifying Party of this EULA; provided, however, that the foregoing shall not apply if such breach is not attributable to the Indemnifying Party’s intentional or negligent behavior.

Notwithstanding the foregoing, we shall not be held liable in any of the following cases:

(a) We shall not be liable for providing the Service, in case where the Service cannot be provided due to natural disaster or any equivalent force majeure event.

(b) We shall not be liable for any losses that arise out of the maintenance, replacement, regular inspection, or construction of facilities for the Service or any other reasons equivalent thereto, unless such losses are attributable to our intentional or negligent behavior.

(c) We shall not be liable for any disruption in using the Service which is attributable to the user’s intentional or negligent behavior, unless the user has unavoidable or justifiable reasons.

(d) We shall not be liable for the reliability or accuracy of information or materials uploaded or posted by users in connection with the Service, unless we act intentionally or grossly negligently.

(e) We do not have any obligation to intervene in any transaction or dispute which takes place between you and another user or a third party in connection with the Service, and shall not be liable for any losses arising therefrom.

(f) We shall not be liable for any losses incurred by users which arise in connection with use of any free Service, unless such losses are attributable to our intentional or grossly negligent behavior.

(g) We shall not be liable for your failure to obtain expected profits or your loss of profits by using the Service.

(h) We shall not be liable for your losses of experience points, level, items, or Game Currency within the Game, unless such losses are attributable to our intentional or negligent behavior.

(i) We shall not be liable for your payments by a third party which arise due to your failure to manage the password of your mobile device or the password provided by your online marketplace operators, unless any losses are attributable to our intentional or negligent behavior.

(j) We shall not be liable for your inability to use whole or part of the Services due to any change of your mobile device or its number or OS version, overseas roaming, change of mobile carrier, etc., unless such inability is attributable to our intentional or negligent behavior.

(k) We shall not be liable for your deletion of any Content or Account information we have provided, unless such deletion is attributable to our intentional or negligent behavior.

(l) We shall not be liable for any losses incurred by a guest member which arise out of his/her use of the Service, unless such losses are attributable to our intentional or negligent behavior.

Termination: Section 21 of this EULA is amended as follows:

We may suspend whole or part of Services in the event that (a) it is necessary for operation of the system, including regular inspection on the system, increase or replacement of servers, network unstability, etc.; (b) it is impossible to normally provide the Services due to power failure, breakdown of a Service facility, traffic overload, repair or inspection of facilities by telecommunications service provider, etc.; or (c) war, incident, natural disaster or national emergency equivalent thereto or any other event beyond our control occurs. In such case, we will provide the prior notification of the reasons for and duration of such suspension on the beginning screen of the Game or the notice section of the Services; provided, however, that if we cannot provide the prior notification for a justifiable reason, we may notify you afterward.

As an elaboration of what is permitted by law as mentioned in Section 10 of this EULA, users who are residents of Korea have the following legal rights when purchasing Virtual Goods or Game Currency:

Unless otherwise provided in this EULA or other terms and conditions of transaction, end-users may cancel their purchase within 7 days from the date on which the end-user is notified of the purchase of virtual items/currency. However, the purchase cannot be canceled if the user has used or partially consumed virtual goods or game currency, or in other cases stipulated by applicable laws of Korea. However, notwithstanding the above, if the contents of the virtual goods or game currency are different from the display/advertisement contents provided by us, or if the contents are performed differently from the contract contents, the user may cancel within three months from the date of receiving the virtual good or game currency, or within 30 days from the date he/she knew or could have known such fact.

When a refund is received for purchase cancellation, refunds will be processed by the App Store operator where you made relevant purchase according to their refund operation policy and procedure.

If a user who is a minor under the laws of Korea concludes a purchase contract for virtual goods or game currency, the Company informs the minor that his/her guardian or the minor himself/herself may cancel the contract, if his/her guardian does not agree in regard to the contract. We may request the submission of documents proving that you are a minor or a legal representative. However, if a minor purchases virtual goods or game currency with the property permitted for disposition by their legal representative, if a minor has deceived us into believing that he is an adult, or if the minor has the consent of his legal representative, the contract cannot be cancelled.

Effect of withdrawal of subscription: If you cancel your purchase, we will retrieve or delete the canceled Virtual Goods or Game Currency. Please note that we may only retrieve or cancel such Virtual Goods or Game Currency after platform operator has notified us about the refund.
Local representative: Pursuant to the Game Industry Promotion Act of Korea, we have designated a local representative in Korea as follows.

Bae, Kim & Lee LLC (Representative Attorney Soonik Kwon)
Phone number: +82-2-3404-0012
Email: [email protected]
Address: Centropolis B, 26, Ujeongguk-ro, Jongno-gu, Seoul, Republic of Korea (Zip code: 03161)

Schedule A-4: Addendum for Residents of Japan

Age: The age of majority as referred to in Section 5(a) in this EULA means, prior to April 1, 2022, those who are 20 years of age or more, and, on and after said date, those who are 18 years of age or more. If you are a minor, you must have your parent or other legal guardian read and accept this EULA before creating a Game Account.

Moral Rights: Any reference to the waiver of moral rights under this EULA is not applicable to you. You agree not to exercise any of your moral rights to the User Content, including the right to be indicated as the author of the User Content, against us or any third party designated by us.

EULA Modifications: Notwithstanding the provisions of Section 17 of this EULA, we may modify this EULA in accordance with the applicable law. In the case of any modification to this EULA, the effective date of the modification and the contents of this EULA after the modification will be posted on our website or otherwise notified to you by a method separately determined by us. If you use the Services after the effective date of the modification of this EULA, you shall be deemed to have agreed to the revised EULA.

Limitation of Liability: Any reference to the limitation on our liability to you under this EULA (including Section 19) does not apply to damage incurred by you as a result of our intentional acts or gross negligence.



Schedule A-5: Addendum for Residents of Morocco

In this EULA, “we” refer to a company registered in Hong Kong with registered office at 29/F Three Pacific Place No.1 Queen's Road East Wanchai, Hong Kong , company registration number 58011219-000-02-23-3 .

Amendments and changes of fees, billing methods and terms applicable to Game Currency, Virtual Goods or to any purchases: Notwithstanding provisions of section 9, changes to our fees, billing methods and terms applicable to Game Currency, Virtual Goods or to any purchases, shall be effective immediately upon notification duly received by you, and shall be incorporated by reference into this EULA. If any change is unacceptable to you, you may decline these changes and terminate the use of your Game Account at any time.

Changes to Game Currency and Virtual Goods. Waiver of notice provided for under section 9(c) does not apply to you. Except as otherwise prohibited by applicable law, and subject to reasonable notice, we, in our sole discretion, may modify, substitute, replace, suspend, cancel, or eliminate any Game Currency or Virtual Goods, including your ability to access or use Game Currency or Virtual Goods.

Right of legal recourse: Any reference to a waiver of any legal recourse relating to purchased Game Currency, Virtual Goods, or to any purchase under sections 1 and 9(c) is not applicable to you.

Moral Rights: Any reference to the waiver of moral rights under this EULA is not applicable to you. You do, however, allow us to use any User Content anonymously without indicating your name, if applicable, and to edit, amend, cut, annotate, illustrate, provide any other comments to User Content as we deem reasonable and appropriate.

Refunds: Notwithstanding provisions of section 10 of this EULA, we may not revoke your license to purchased Virtual Goods, and/or Game Currency, and/or any other purchase without reasonable notice nor your serious misconduct. You may also exercise your right of withdrawal within seven (7) days of your acceptance of the license or, where applicable, of each purchase.

Also, in the event that we are unable to honor any of your purchases within seven (7) days, your withdrawal right period is extended to eight (8) more days following the expiry of your initial seven (7) withdrawal period as provided under Moroccan law 31-08 on consumer protection.

Service and EULA Modification: Notwithstanding provisions of section 17 of the EULA, you will be prompted to accept or decline any Service and EULA Modification. If any change is unacceptable to you, you may decline these changes and terminate the use of your Game Account at any time.

Warranty Disclaimers: Provisions of section 18 apply to purchased Virtual Goods and/or purchased Game Currency, provided that such purchases fulfill and comply with their announced characteristics and description thereof at the time of purchase.

Indemnity: Your obligation to indemnify us is limited to actual damage suffered by us directly caused by your act, fault, or gross negligence.

Dispute Resolution and Governing Law: Any dispute, controversy, difference, or claim arising out of or relating to this EULA, a Game, or the Services, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to this EULA, a Game, or the Services (collectively, “Disputes”) will be resolved in accordance with the laws of Morocco.

In the event of a Dispute, the competent court shall be the court having jurisdiction over your place of residence.

Language: This EULA is provided to you with an Arabic translation.



Schedule A-6: Addendum for Residents of Tunisia

Moral Rights: Any reference to the waiver of moral rights under this EULA is not applicable to you. You do, however, allow us to use any User Content anonymously without indicating your name, if applicable, and to edit, amend, cut, annotate, illustrate, provide any other comments to User Content as we deem reasonable and appropriate.

Refunds: Notwithstanding provisions of section 10 of this EULA, we may not revoke your license to purchased Virtual Goods, and/or Game Currency, and/or any other purchase without reasonable notice nor your serious misconduct. You may also exercise your right of withdrawal within ten (10) days of your acceptance of the license or, where applicable, of each purchase.

Warranty Disclaimers: Provisions of section 18 apply to purchased Virtual Goods and/or purchased Game Currency, provided that such purchases fulfill and comply with their announced characteristics and description thereof at the time of purchase.



Schedule A-7: Addendum for residents of Australia

For the purposes of this Schedule A-8: The term "Services" means collectively, and sometimes individually, the following: (a) each of our Games, and (b) any websites, software or other services we provide with or in support of the Game, whether or not they are installed or used on a computer, console, or a mobile device (i.e. it is as otherwise defined in the EULA). If we use the term "services" without capitalization, it means any benefits, privileges, or facilities we provide to you under this EULA. The term "Australian Consumer Law" refers to Schedule 2 of the Competition and Consumer Act (2010).

Moral Rights: Any reference to the waiver of moral rights under this EULA is not applicable to you. You do, however, allow us to use any User Content anonymously without indicating your name, if applicable, and to edit, amend, cut, annotate, illustrate, provide any other comments to User Content as we deem reasonable and appropriate.

License – Retail Purchase: Notwithstanding provisions of section 6 of this EULA, our codes or keys come with guarantees that cannot be excluded under the Australian Consumer Law. Pursuant to the Australian Consumer Law, if we are deemed the manufacturer of the code or key you can elect to seek a remedy from us rather than a third party who you purchased your code or key from. Other than any obligations we have under the Australian Consumer Law, we will have no responsibility for these codes or keys purchased from any third party or if any purchase occurred in breach with any applicable foreign exchange control regulations.

Changes to Game Currency and Virtual Goods: Notwithstanding provisions of section 9 of this EULA, our Services and Games come with guarantees under the Australian Consumer Law, which are not excluded.

Refunds: Notwithstanding provisions of section 10 of this EULA, the provision of refunds is subject to applicable law, including, but not limited to, the extent required under the Australian Consumer Law. All Games, Virtual Goods and Game Currency are not redeemable, refundable, or eligible for any other alternate remedy for any “real world” money or anything of monetary value, unless we have obligations to provide you with a remedy under the Australian Consumer Law, or otherwise if they are defective, unavailable, or do not perform in accordance with the specifications we provide.

Beta Testing: Notwithstanding provisions of section 11 of this EULA, unless you are otherwise entitled to a remedy pursuant to the Australian Consumer Law, termination of a Beta by us and your participation in a Beta does not entitle you to any compensation or any free Services, including any Content and Game Currency.

Accessing a Game from an App Store. Notwithstanding provisions of section 12 of this EULA, where a Game is made available to you via an App Store, the provisions of this EULA are subject to any obligations we may have under the Australian Consumer Law which cannot be excluded.

Warranty Disclaimers: Notwithstanding provisions of section 18 of this EULA, for the Services you acquired directly from us, our Services come with guarantees that cannot be excluded under the Australian Consumer Law. In addition, even if you acquired our Services from a third party, you may be entitled to a remedy from us if we are the manufacturer of the Services, as provided for under the Australian Consumer Law. Third-party branded products purchased from us may also come with guarantees that cannot be excluded under the Australian Consumer Law.

The Warranty Disclaimers in Section 18 of the EULA only apply to the extent permitted by law, including to the extent permitted under the Australian Consumer Law.

Limitation of Liability: Notwithstanding provisions of section 19 of this EULA, any limitation of liability is only expressed to the extent permitted under applicable law, including the Australian Consumer Law, which provides guarantees and remedies which cannot be excluded. The remedy you are entitled to under the Australian Consumer Law from us in the event of a failure to comply with the consumer guarantees will depend on whether we are the supplier and/or the manufacturer of the Services you acquire, and whether the failure is a major or minor failure.

For example, if we are the supplier of the Services to you, for major failures with a service, you are entitled to cancel your service contract with us, and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

Termination: Notwithstanding provisions of section 21 of this EULA, in certain circumstances, you may be entitled to a remedy under to the Australian Consumer Law.

Dispute Resolution and Governing Law. Notwithstanding provisions of section 22 of this EULA, the governing law is set only to the extent permitted by law, and does not prevent action in a Court where a statutory right which cannot be excluded arises.




Schedule A-8: Addendum for Residents in Mexico

We are a company registered in Hong Kong with address at 29/F Three Pacific Place No.1 Queen's Road East Wanchai, Hong Kong , company registration number 58011219-000-02-23-3 . This addendum will only apply if you reside in Mexico and the laws of Mexico are applicable to you.

Limitations: To the extent that the EULA would conflict with the Federal Consumer Protection Law, we agree to abide by the provisions of such law and not the provisions of the EULA, while the remaining provisions of the EULA shall apply mutatis mutandi. We may modify or terminate our obligations to the extent permitted by the Federal Consumer Protection Law; particularly for the situations out of our control as set forth in Section 9(c). We can also suspend or terminate our Service to you if we reasonably decide that you have breached the EULA or this addendum or if we determine that you are behaving improperly towards other users or our employees, agents, or contractors, or as may be required under the applicable law, or for technical reasons such as maintenance, updates and other technical or financial reasons in accordance with the nature of the Game.

Refund: The provisions of the EULA regarding refunds in section 10 of the EULA will not apply to the extent that they conflict with our obligations under the Federal Consumer Protection Law of Mexico. All remaining provisions of the EULA will remain in force mutatis mutandi.

License and Use of the Services: To the extent permitted by the laws of Mexico, a license granted under section 6 with respect to the User Content also includes a license to use your personal image to the extent it is visible on the User Content. Should you wish to exercise your rights under article 87 of the Federal Copyright Law to revoke authorization to use your image, you may do so by sending an email to the Support Email Address detailing the content in which your image is shown. You hereby acknowledge that you authorize a grace period of thirty natural days upon receipt of your request to delete the content or edit it as to remove your personal image from it.

In case you wish to exercise the Moral Rights over the User Contents prescribed by article 21 of the Federal Copyright Law, you agree to send an email to the Support Email, detailing the right you wish to exercise, and the User Content involved. You further agree to cover any and all expenses, damages and lost profits that may be generated by the compliance with such request both to us and to third parties in advance. You further provide us with a term no less than six calendar months to comply with your request, upon your payment of the respective expenses, damages, and lost profits.

Minimum Requirements. You acknowledge and agree that we assume no liability in the event that your device is incompatible with the minimum requirements, or if its configuration does not allow you to play the Game with the desired quality. We assume no responsibility for any modifications that you may make to your device, its configuration, or any third-party software you install on it.

Seizure warning. The provisions of 6(f) apply mutatis mutandi to any other physical, neurological, psychological, emotional, or psychiatric issue, condition, or problem you may have, and which may be affected or altered by the use of a Game. It is your responsibility to contact your healthcare provider to determine if any actual or potential problem in your physical, mental, or emotional health could be affected by the use of a Game.

Player Conduct: You further agree for the purposes of section number 7 of the EULA that when reporting abuse, we are not required to take action and that we may differ from you on the appreciation of the relevant facts. You agree that when reporting abuse, you will do so truthfully, and that falsely reporting abuse might be a cause for us to deny your access to the Services.

Dispute Resolution and Governing Law. To the extent that section 22 of the EULA is found to be incompatible with article 92 of the Federal Consumer Protection Law by the Federal Consumer Protection Agency or local or federal judge in Mexico, the parties agree to be bound by the Federal Courts of Mexico City and, to the extent permitted by the Federal Consumer Protection Law, that the provisions of the Commerce Code will be applicable for interpreting the EULA and this addendum, followed by those of the Federal Civil Code, if necessary.

Schedule A-9: Addendum for Residents in Canada

If you are a consumer who is a resident of Canada, the following provisions apply.

Ownership of the Services. If you Cheat, you agree that we may exercise any or all of our rights under this EULA, including termination of this EULA and your access to our Services.

Purchasing or Obtaining Virtual Goods and Game Currency. Waiver of notice provided for under section 9(a) does not apply to you, to the extent prohibited by applicable law. Modifications, amendments, supplements, or terms are effective subject to notice as provided by applicable law and are hereby incorporated by reference into this EULA. If any change is unacceptable to you, you may terminate the use of your Game Account at any time.

Changes to Game Currency and Virtual Goods. Waiver of notice provided for under section 9(c) does not apply to you, to the extent prohibited by applicable law. Subject to notice to the extent provided by applicable law, we, in our sole discretion, may modify, substitute, replace, suspend, cancel, or eliminate any Game Currency or Virtual Goods, including your ability to access or use Game Currency or Virtual Goods.

Service and EULA Modifications. Waiver of notice provided for under section 17 does not apply to you, to the extent prohibited by applicable law.

Warranty Disclaimers. Waiver of legal warranties do not apply to you, to the extent prohibited by applicable law.

Limitation of Liability. The limitation or exclusion of our liability for the consequences of our own acts will not apply to you, to the extent prohibited by applicable law.

Termination. Payments and fees may be refundable solely to the extent provided by applicable law.

Governing Law: Notwithstanding Section 22(a), any Dispute will be resolved in accordance with the laws of the province or territory in which you reside and the federal laws of Canada applicable therein, without reference to any choice of law rules, and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods.

Dispute Resolution. Notwithstanding Section 22, either you or we may elect to have the Dispute finally and exclusively resolved by binding arbitration, in your province or territory of residence, in accordance with the applicable arbitration legislation. This section is set only to the extent permitted by law, and does not prevent action in courts of competent jurisdiction of the province or territory of your principal residence where such a right cannot be excluded under applicable law.

Language. Section 24(b) does not apply to you, to the extent prohibited by applicable law.



Schedule B-1: App Store Terms

If you download a Game from the App Store, then notwithstanding anything in this EULA to the contrary, you acknowledge and agree that:

 We, and not the App Store, are solely responsible for the Game.
 The App Store has no obligation to provide any Game
maintenance or support.
If the Game cannot meet its warranties (if any), you may notify the App Store and the App Store will refund you the purchase price of the Game (if applicable) and, to the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to the Game. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
The App Store is not responsible for addressing any claims you have or any claims of any third party relating to the Game or your possession and use of the Game, including, without limitation: (i) product liability claims; (ii) any claim that the Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the Game or your possession and use of the Game infringes that third party’s intellectual property rights, we will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this EULA.
The App Store, and its subsidiaries, are third-party beneficiaries of this EULA and upon your acceptance of this EULA, the App Store will have the right to enforce this EULA against you as a third-party beneficiary thereof.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You must also comply with all applicable third-party terms of service or similar agreement when using the Game.


Schedule C-1: Streaming Policy

Introduction.

We hope that you enjoy our games and support your interest in producing game-play videos, whether live or recorded (“Videos”), that share your gaming experiences with others, using images, video, sound effects, in-game music, or other assets from our games (“Content”). Please note however, that in most cases using our Content without our permission is illegal and a violation of our rights. This policy helps inform you of the limited rights we grant you to share your experienceexpe-rience 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 Stream-ing 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 lev-erage our Content must contain commentary, gameplay, or sufficient originality to make it, in our sole discretion, educa-tional or promotional. Examples of Videos that would NOT qualify under this policy are clips of cut-scenes from games or recordings of a particular game’s soundtrack (without any commentary discussing the cut-scene or soundtrack).
We do however permit you to receive payment based on the following two methods, provided you comply with the other portions of this
Streaming Policy. As such,Policy:
Monetization of your Video that leverages our Content through advertisements served by the platform which hosts your Video such as YouTube or Twitch (a “Platform”).
Receiving donations via a donation link posted on your profile or in the Video description on a Platform.
How
you may distribute your Video:
Subject to the terms of the applicable EULA and this Streaming Policy, you may create Videos using our Content, and you’re free to distribute such Videos on websites where viewers are permitted to view these Videos without any charge of any kind. We understand that some websites may offer paid services. Provide that the website that hosts these Videos provides a free method to allow viewers to view them, you may distribute the Videos on that website.
What you may
not licenseinclude in your Video whichthat leverages our Content:
You may not include in any Video (nor anywhere linked near or on the same webpage as the Video) any content that is prohibited as User
Content under the EULA and the following:
Anything that could imply that the Video is produced by us or that we endorse you or your Video (unless you have an endorsement relationship with us as covered by a separate written or other agreement);
Any information related to cheats, hacks, exploits, bugs, or third-party programs, including links
to any company or anyone elseof the forego-ing; 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 fee orprominent disclaimer (either at the begin-ning 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 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,intellectual property rights, are owned or held by Sixjoy Hong Kong Limited or its licensor(s) (“Sixjoy Hong Kong Limited”) and all rights in our sole discretion, educational or promotional. Examples of Videos that would NOT qualify under this policyand to the same are clips of cut-scenes from games or recordings of a particular game’s soundtrack (without any commentary discussing the cut-scene or soundtrack).

We do however permit you to receive payment based on the following two methods, provided you comply with the other portions of this Streaming Policy:

 Monetization of your Video that leverages our Content through advertisements served
reserved by the platform which hosts your Video such as YouTube or Twitch (a “Platform”).
 Receiving donations via a donation link posted on your profile or in the Video description on a Platform.

How you may distribute your Video:

Subject to the terms of the applicable EULA and this Streaming Policy, you may create Videos using our Content, and you’re free to distribute such Videos on websites where viewers are permitted to view these Videos without any charge of any kind. We understand that some websites may offer paid services. Provide that the website that hosts these Videos provides a free method to allow viewers to view them, you may distribute the Videos on that website.

What you may
Sixjoy Hong Kong Limited. This content is not include in your Video that leverages our Content:

You may
official Sixjoy Hong Kong Limited content and is 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
endorsed or approved by us or that we endorse you or your Video (unless you have an endorsement relationship with us as covered by a separate written or other agreement);
 Any information related to cheats, hacks, exploits, bugs, or third-party programs, including links to any of the foregoing; nor
 Uses of our Content that breach applicable law or are derogatory to us or that, in our discretion, may damage the value, goodwill, or reputation of us, our affiliates, our products, Content, or brands.
 Any behavior or conduct that violates public morals and ethics.

Ratings – keep your Videos appropriate as follows:

Your Video should match the ratings guidelines for the game it relates to and must not in any event contain any content that would violate the “T” rating of the Entertainment Software Rating Board (“ESRB”) or the “16” rating of the Pan European Game Information (“PEGI”).

Disclosure – you must identify us as the copyright holder of our Content and disclaim our endorsement:

In any Video that leverages our Content that you provide, you must include a prominent disclaimer (either at the beginning of the Video or, if live-streaming, near the Video in a visible font) as follows:

 Portions of the content provided here, including trademarks and copyrights and any other intellectual property rights, are owned or held by
Sixjoy Hong Kong Limited or its licensor(s) (“Sixjoy Hong Kong Limited”) and all rights in and to the same are reserved by Sixjoy Hong Kong Limited. This content is not official Sixjoy Hong Kong Limited content and is not endorsed or approved by Sixjoy Hong Kong Limited.
Some additional important information:

As solely determined by us, we may terminate your right to host, distribute or otherwise make available a Video that leverages our Content for business or other reasons without notice or liability to you. In such cases, we may (but do not have to) contact you or applicable websites or Platforms regarding terminating such rights to any such Video.
~
                End User License Agreement<br>Last Updated: 
                2025-10-23
                2026-03-17
                <br>TABLE OF CONTENTS<br>
                <br>
                 <br>1.A few important notices—arbitration, refunds and damages<br>2.What is this document? When can I play?<br>3.Defined Terms<br>4.Additional Terms<br>5.Eligibility and Registration<br>6.License and Use of the Services<br>7.Player Conduct<br>8.Ownership of the Services<br>9.Virtual Goods and Game Currency<br>10.Refunds<br>11.Beta Testing<br>12.App Store; Console Games<br>13.Feedback<br>14.DMCA / Copyright Policy<br>15.Third-Party Websites and Resources<br>16.Data Charges and Mobile Devices<br>17.Service and EULA Modifications<br>18.Warranty Disclaimers<br>19.Limitation of Liability<br>20.Indemnity<br>21.Termination<br>22.Dispute Resolution and Governing Law<br>23.No Assignment<br>24.Miscellaneous<br>25.Contact Information<br> 
                <br>1. A few important notices—arbitration, refunds and damages<br>
                PLEASE REVIEW CAREFULLY SECTION 22 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. THIS EULA ALSO INCLUDES A LIMITATION ON DAMAGES THAT YOU CAN COLLECT FROM US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES. BY USING THE SERVICES, YOU AGREE TO THESE PROVISIONS.<br>IMPORTANT NOTICE REGARDING ARBITRATION FOR PLAYERS IN THE UNITED STATES: PLEASE REVIEW CAREFULLY THE CORRESPONDING SCHEDULE (ADDENDUM FOR RESIDENTS IN THE UNITED STATES), UNDER WHICH YOU ARE AGREEING TO RESOLVE ANY DISPUTE BETWEEN YOU AND US (WITH LIMITED EXCEPTIONS) THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT AND TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EX-PLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF THIS ARBITRATION AGREEMENT IN THE CORRESPONDING SCHEDULE.<br>IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT INSTALL, COPY, OR USE OUR SER-VICES. 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.<br>If you are a resident of the European Union, UK, or Brazil, then please also see schedule A-1 for further terms.<br>If you are a resident of the United States, then please also see schedule A-2 for further terms.<br>If you are a resident of South Korea, then please also see schedule A-3 for further terms.<br>If you are a resident of Japan, then please also see schedule A-4 for further terms.<br>If you are a resident of Russia, then please also see schedule A-5 for further terms.<br>If you are a resident of Morocco, then please also see schedule A-6 for further terms.<br>If you are a resident of Tunisia, then please also see schedule A-7 for further terms.<br>If you are a resident of Australia, then please also see schedule A-8 for further terms.<br>If you are a resident of Mexico, then please also see schedule A-9 for further terms.<br>If you are a resident of Canada, then please also see schedule A-10 for further terms.<br> <br>
                2. What is this document? When can I play?<br>
                3. Defined Terms<br>4. Additional Terms<br>5. Eligibility and Registration<br>6.
                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.<br>You are now reading our End User
                 License 
                and Use of
                Agreement (“EULA”) which is a legal agreement between you and Sixjoy Hong Kong Limited(“we”, “us”, “our”, as appropriate) regarding
                 the Services
                <br>7. Player Conduct<br>8. Ownership of the Services<br>9.
                 you use from us. The “Services” mean collectively, and sometimes individually, the following: (a) each of our Games, and (b) any websites, software or other services we provide with or in support of the Game, whether or not they are installed or used on a computer, console, or a mobile device. “Game” means our game that you download and access that is subject to this EULA, regardless of where you download and/or access it, and any documentation, software, updates,
                 Virtual Goods and 
                Game Currency<br>10. Refunds<br>11. Beta Testing<br>12. App Store; Console Games<br>13. Feedback<br>14. DMCA/Copyright Policy<br>15. Third-Party Websites and Resources<br>16. Data Charges and Mobile Devices<br>17. Service and EULA Modifications<br>18. Warranty Disclaimers<br>19. Limitation of Liability<br>20. Indemnity<br>21. Termination<br>22. Dispute Resolution and Governing Law<br>23. No Assignment<br>24. Miscellaneous<br>25. Contact Information<br><br> <br><br>1.	A few important notices—arbitration, refunds and damages<br>PLEASE REVIEW CAREFULLY SECTION 22 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. IMPORTANT NOTICE REGARDING ARBITRATION FOR PLAYERS IN THE UNITED STATES: WHEN YOU AGREE TO THIS EULA YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. THIS EULA ALSO INCLUDES A LIMITATION ON DAMAGES THAT YOU CAN COLLECT FROM US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES. BY USING THE SERVICES, YOU AGREE TO THESE PROVISIONS.<br><br>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.<br><br>If you are a resident of the European Union, UK, or Brazil, then please also see schedule A-1 for further terms.<br>If you are a resident of the United States, then please also see schedule A-2 for further terms.<br>If you are a resident of South Korea, then please also see schedule A-3 for further terms.<br>If you are a resident of Japan, then please also see schedule A-4 for further terms.<br>If you are a resident of Morocco, then please also see schedule A-5 for further terms.<br>If you are a resident of Tunisia, then please also see schedule A-6 for further terms.<br>If you are a resident of Australia, then please also see schedule A-7 for further terms.<br>If you are a resident of Mexico, then please also see schedule A-8 for further terms.<br>If you are a resident of Canada, then please also see schedule A-9 for further terms.<br> <br><br>2.	What is this document? When can I play?<br>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.<br><br>You are now reading our End User License Agreement (“EULA”) which is a legal agreement between you and Sixjoy Hong Kong Limited(“we”, “us”, “our”, as appropriate) regarding the Services you use from us. The “Services” mean collectively, and sometimes individually, the following: (a) each of our Games, and (b) any websites, software or other services we provide with or
                Content (each de-fined below) included
                 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.
                <br>
                <br>We’ve tried to be straightforward in this EULA, and if you have any questions feel free to send us a note at <a href="mailto:[email protected]">[email protected]</a> (our “Support Email Address”). You’ll notice that we added some text in italics throughout the EULA to make it easier to read; however, this text is provided for guidance only, and does not form part of the EULA.<br><br>3.
                	 
                 
                Defined Terms<br>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.
                EU-LA.
                 We’ve included the defined terms throughout because we want it to be easy for you to read them in context.<br><br>4.
                	 
                 
                Additional Terms<br>Some Services may be available (or only available) through accessing (or downloading from) a third-party platform or store, including but not limited to, Facebook, the Epic Games Store, Steam game platform, the Google Play Store and Apple App Store (each, an “App Store”). Your use of the Services is also governed by any applicable agreements you have with any App Store (the “App Store Agreement(s)”). In the event of a conflict between any other App Store 
                Agreement(s)
                Agree-ment(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.
                <br>
                <br>The collection of information from you and related to the Services (whether obtained through an App Store or not) is governed by our Privacy Policy at <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=https%3A%2F%2Froadtoempress.com%2Fpolicy%2Fprivacy.html" target="_blank" rel=" noopener">https://roadtoempress.com/policy/privacy.html</a>. Our Privacy Policy explains how we collect, use, and disclose information that we collect from and about you.<br><br>5.
                	 
                 
                Eligibility and Registration<br>The Services we offer have certain age restrictions. Others may require an outside account. When you give us 
                information,
                infor-mation,
                 you need to make sure it stays up to date. Also, don’t share your account with others without our permission.<br>
                <br>
                (a) Age. To create a Game Account (as defined below) and access some of our Services, you must be at least the 
                mini-mum age for consenting to personal data collection under the law in your jurisdiction. If you are between the 
                minimum age for 
                consenting to 
                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 
                the law in
                18 years of age when using our Services. <br>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 docu-mentation 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.<br>(b) Account 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 
                jurisdiction. If
                Game Account using an existing account
                 you 
                are between the minimum age for
                have with us or your email ad-dress. 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 
                data collection and age of majority in
                information that this third party provides to us such as
                 your 
                jurisdiction,
                email address and name to help create
                 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. <br>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.<br><br>(b) Account Creation. To access parts of a Game, you may need to create an in-game account (your “Game Account”). Your 
                Game 
                Account, if applicable,
                Account. Further information about use of third-party accounts
                 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 accounts is provided
                pro-vided
                 in the Privacy Policy at <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=https%3A%2F%2Froadtoempress.com%2Fpolicy%2Fprivacy.html" target="_blank" rel=" noopener">https://roadtoempress.com/policy/privacy.html</a>. Please note that you may also be 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.<br>
                <br>
                (c) Keep Your Information Current. It’s important that you provide us with accurate, complete, and up-to-date 
                infor-mation for your Game Account, and you agree to update such 
                information 
                to keep it that way. If you don’t, we may sus-pend or terminate your Game Account. You agree that you will not disclose your Game Account password to any-one, 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, 
                and
                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.<br>(d) No Account Sharing. 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.<br>(e) No False Accounts. You may not create a Game Account for anyone else or create a Game Account in a name other than your own.<br><br>6. License and Use of the Services<br>As long as you 
                agree to 
                update
                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.<br>(a) License Grant. So long as you comply with this EULA and, as applicable, the App Store Agreement(s), we grant you the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to (i) download and install the Game on the device permitted by the App Store Agreement(s) (if applicable), and (ii) access and use the Services, including any Content, for your personal entertainment purposes leveraging only the functionality of the Game and Services. We and our licensors reserve all rights not granted to you in this EULA. “Content” means all artwork, titles, themes, objects, characters, names, dialogue, catch phrases, stories, animation, concepts, sounds, au-dio-visual effects, methods of operation, musical compositions, Virtual Goods (defined in Section 9) and any other con-tent within the Services. Content also includes anything generated, created, or that is otherwise developed within the Services by any user (including you) as a result of interaction with the functionality of the Services. We also grant you a limited license to make gameplay videos for certain Games specified on the Services, provided that you agree that all
                 such 
                gameplay video activity is subject to your agreement to and pursuant to our Streaming Policy in Schedule C-1. We may, in our sole discretion, remove, edit, or disable any Content for any reason.<br>(b) Content You Create Outside the Services. “User Content” means any Content that you (or other Game Account hold-ers) 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.<br>(c) 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.<br>(d) 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.<br>(e) Minimum 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 be-fore playing the Game.<br>(f) 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 aware-ness, disorientation, any involuntary movement, or convulsions while playing, please immediately discontinue playing the Game and consult your doctor.<br>7. Player Conduct<br>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.<br>You agree not to do any of the following with respect to the Services, as determined by us, as applicable:<br>(a) use them commercially, for a promotional purpose, or for the benefit of any third party or in any manner not permitted by this EULA;<br>(b) use, or provide, any unauthorized third-party programs that intercept, emulate, or redirect any communication be-tween the Services and us or that collect 
                information 
                to keep it
                about the Game;<br>(c) use, or provide ancillary offerings to anyone,
                 that 
                way. If
                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 redi-rects, 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;<br>(d) access or use them on more than one device at a time;<br>(e) 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;<br>(f) sell, rent, lease, license, distribute, or otherwise transfer the Services, Game or any Content, including, without limita-tion, Virtual Goods or Game Currency, including participating in or operating so called “secondary markets” for Virtual Goods, Game Currency or Content;<br>(g) 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;<br>(h) remove, disable, circumvent, or modify any technological measure we implement to protect them or any of their as-sociated intellectual property;<br>(i) 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);<br>(j) attempt to probe, scan or test its vulnerability or breach any security or authentication measures;<br>(k) access, tamper with, or use non-public areas of the Services;<br>(l) trespass, or attempt to gain access to a property or location where
                 you 
                don’t, we
                do not have permission to be or engage in any activity that
                 may 
                suspend or terminate
                result in injury, death, property damage, nuisance or other liability;<br>(m) 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, con-tractual 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 ob-jectionable, 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 threaten-ing or disrespectful to any person or entity; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities or substances;<br>(n) engage in any behavior that: (i) violates, or encourages any conduct that would violate any applicable law or regula-tion or would give rise to civil liability; (ii) is fraudulent, false, misleading or deceptive, including “trolling;” (iii) is de-famatory, 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, bul-lying, or threatening or promotes violence, terrorism, or actions that are threatening or disrespectful to any person or en-tity; or (vi) promotes illegal or harmful activities or substances;<br>(o) 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;<br>(p) collect or store any information that could be used to identify an individual, either itself or combined with other in-formation, from the Services from other users of the Services without their express permission;<br>(q) 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 mor-als or public policy;<br>(r) 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;<br>(s) use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical re-strictions on the Services or for any other purpose;<br>(t) play on another person’s 
                Game 
                Account. You agree
                Account to “boost”
                 that 
                you will not disclose your 
                Game 
                Account password to anyone, and will notify
                Account’s status, level or rank;<br>(u) use the Services in any way that would affect
                 us 
                immediately of
                adversely or reflect negatively on us or the Services or discourage
                 any 
                unauthorized use of your Game Account. You are responsible for
                person from using
                 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.<br><br>(d) No Account Sharing. You may not sell, resell, rent, lease, share or provide access to your Game Account to
                or any portion of the features of the Services;<br>(v) encourage, promote, take part in or enable
                 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.<br><br>(e) No False Accounts. You may not create a Game Account for anyone 
                else 
                or create a Game Account in a name other than your own.<br><br>6.	 License and Use of the Services<br>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.<br><br>(a) License Grant. So long as you comply with this EULA and, as applicable, the App Store Agreement(s), we grant you the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to (i) download and install the Game on the device permitted by the App Store Agreement(s) (if applicable), and (ii) access and use the Services, including
                to do
                 any 
                Content, for your personal entertainment purposes leveraging only the functionality of the Game and Services. We and our licensors reserve all rights not granted to you in this EULA. “Content” means all artwork, titles, themes, objects, characters, names, dialogue, catch phrases, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, Virtual Goods (defined in Section 9) and any other content within the Services. Content also includes anything generated, created, or that is otherwise developed within the Services by any user (including you) as a result of interaction with the functionality of the Services. We also grant you a limited license to make gameplay videos for certain Games specified on the Services, provided that you agree that all such gameplay video activity is subject to your agreement to and pursuant to our Streaming Policy in Schedule C-1. We may, in our sole discretion, remove, edit, or disable any Content for any reason.<br><br>(b) 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.<br><br>(c) 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.<br><br>(d) 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.<br><br>(e) Minimum 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.<br><br>(f) 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.<br><br>7.	 Player Conduct<br>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.<br><br>You agree not to do any of the following with respect to the Services, as determined by us, as applicable:<br><br>(a) use them commercially, for a promotional purpose, or for the benefit of any third party or in any manner not permitted by this EULA;<br><br>(b) 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;<br><br>(c) 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;<br><br>(d) access or use them on more than one device at a time;<br><br>(e) 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;<br><br>(f) 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 Content;<br><br>(g) 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;<br><br>(h) remove, disable, circumvent, or modify any technological measure we implement to protect them or any of their associated intellectual property;<br><br>(i) 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);<br><br>(j) attempt to probe, scan or test its vulnerability or breach any security or authentication measures;<br><br>(k) access, tamper with, or use non-public areas of the Services;<br><br>(l) 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 liability;<br><br>(m) 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;<br><br>(n) 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;<br><br>(o) 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;<br><br>(p) 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 express permission;<br><br>(q) 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;<br><br>(r) 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;<br><br>(s) 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;<br>(t) play on another person’s Game Account to “boost” that Game Account’s status, level or rank;<br><br>(u) 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;<br><br>(v) encourage, promote, take part in or enable anyone else to do any 
                of the foregoing; or
                <br>
                <br>(w) violate any applicable law or regulation.<br>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 <a href="mailto:[email protected]">[email protected]</a>.<br><br>8.
                	 
                 
                Ownership of the Services<br>Our Services including our Content and Games are owned by us or our licensors. Our Services may let you upload, post and store photos and other content that you own. You retain your ownership of this content, to which we take a license.<br>
                <br>
                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.<br>
                <br>
                The Services (and particularly our Games) may have built-in mechanisms designed to prevent granting one user an 
                unfair
                un-fair
                 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 
                unau-thorized programs or processes in connection with Cheating, subject to our Privacy Policy and applicable law. In the event that we in our sole discretion conclude that you are Cheating, you agree that we may exercise any or all of our rights under this EULA, including termination of this EULA and your access to our Services. In addition, if you Cheat in one Game or Service, we may terminate your license to use all of our Games and Services.<br>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.<br><br>9. Virtual Goods and Game Currency<br>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.<br>(a) Purchasing or Obtaining Virtual Goods and Game Currency. Subject to applicable foreign exchange control regula-tions 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 meth-ods, 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.<br>(b) 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 PRO-VIDED FOR INVESTMENT PURPOSES. Virtual Goods and Game Currency are licensed, not sold. Provided you com-ply 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 question 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 Goods or Game Currency if we suspect any 
                unauthorized 
                programs or processes
                or fraudulent activity, and/or to correct any erroneous application of any Virtual Goods or Game Currency to your Account.<br>(c) Changes to Game Currency and Virtual Goods. Except as otherwise prohibited by applicable law, we,
                 in 
                our sole dis-cretion, 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 “COMPA-NY 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 CUR-RENCY OR VIRTUAL GOODS LOST UPON (I) DELETION OR SUSPENSION OF YOUR ACCOUNT, (II) AD-JUSTMENTS TO THE GAME THAT RESULT IN THE VALUE OF VIRTUAL GOODS OR GAME CURRENCY CHANGING, OR (III) MODIFICATION, TERMINATION, OR EXPIRATION OF THIS EULA.<br><br>10. Refunds<br>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, re-fundable, 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.<br><br>11. Beta Testing<br>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 per-mission to use the Beta), you acknowledge and agree to the following terms in addition to the rest of this EULA:<br>(a) 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;<br>(b) 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 
                Cheating, subject to our Privacy Policy and applicable law. In the event that we in our sole discretion conclude that you are Cheating, you agree that we may exercise any or all of our rights under this EULA, including termination of this EULA and your access to our Services. In addition, if you Cheat in one Game or Service, we may terminate your license to use all of our Games and Services.<br><br>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.<br><br>9.	 Virtual Goods and Game Currency<br>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.<br><br>(a) Purchasing or 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.<br><br>(b) 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 question 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 Goods 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 Account.<br>(c) 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 EULA.<br><br>10.	 Refunds<br>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.<br><br>11.	 Beta Testing<br>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:<br><br>(a) 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;<br><br>(b) 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;
                <br>
                <br>(c) 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:<br>     (i) not use any Confidential Information other than as necessary to use the Beta in accordance with this EULA;<br>     (ii) maintain Confidential 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;<br>     (iii) not disclose the Confidential Information to any person or entity other than as permitted by us; and<br>     (iv) not make any public announcements related to Beta or the Service, including publishing or disclosing any 
                information
                in-formation
                 (e.g. screenshots and specifications) relating to the Beta, without our prior written approval, which we may grant or withhold in our sole discretion.<br>
                <br>
                (d) 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<br>If and when we release a full (non-Beta) version of the particular Game, we may allow your use of the Game to continue to the full version. If so allowed by us, your continued use of the Game will no longer be subject to this Section 11, but will still be subject to the rest of this EULA.<br><br>12.
                	 
                 
                App Store; Console Games<br>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.<br>
                ap-ply.
                <br>Where a Game is made available to you via an App Store (whether on your mobile device or console), you acknowledge and agree to the terms in Schedule B-1 with respect to such Game.<br><br>13.
                	 
                 
                Feedback<br>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.
                <br>
                <br>We welcome your feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at <a href="mailto:[email protected]">[email protected]</a> 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,
                per-petual,
                 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 
                de-scribed above, including, without limitation, intellectual property rights or rights of publicity or privacy.<br>In posting such Feedback, you warrant that your feedback is in compliance with this EULA, and you will not use ob-scene or offensive language or submit any material that is, or may potentially be, defamatory, abusive or hateful, an in-vasion of anyone's privacy, harmful to other users, or in breach of any applicable law.<br><br>14. DMCA/Copyright Policy<br>We respect copyright law and expect our users to do the same. It’s our policy to terminate in appropriate circumstances Game Accounts of users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright hold-ers.<br><br>15. Third-Party Websites and Resources<br>Outside links are for your convenience, but we can’t guarantee them.<br>The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links dis-played on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.<br><br>16. Data Charges and Mobile Devices<br>This is a reminder that you’re responsible for any data-related charges that you may incur for using our Services.<br>You are responsible for all data-related charges that you may incur for using our Services, including, without limitation, mobile, text-messaging, and data charges. You should understand or ask your service provider what charges you may incur before using the Services.<br><br>17. Service and EULA Modifications<br>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.<br>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 updat-ed EULA is otherwise communicated to you. You must agree to these updates to continue using the Services.<br>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, re-place, 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.<br>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.<br><br>18. Warranty Disclaimers<br>We don’t make any guarantees about the Services.<br>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 require-ments 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.<br><br>19. Limitation of Liability<br>This section limits what you can recover from us in a dispute.<br>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY PARTIES WILL NOT BE LIABLE IN ANY WAY FOR ANY:<br>(a) LOSS OF PROFITS,<br>(b) LOST REVENUE,<br>(c) LOST SAVINGS,<br>(d) LOSS OF DATA, OR<br>(e) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES,<br>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, PROD-UCT 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 PRE-CEDING 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.<br>Notwithstanding the foregoing, some countries, states, provinces, or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this EULA will prejudice such rights that you may have as a consumer of the Services.<br><br>20. Indemnity<br>If someone sues us based on your breach of this EULA or your access or use of the Services, you agree to defend us or pay for our defense in that lawsuit.<br>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.<br><br>21. Termination<br>We reserve the right to terminate this EULA as we see fit in accordance with the applicable law. Reasons we may termi-nate 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.<br>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 termi-nates your App Store Account; or (d) we otherwise deem it necessary to suspend or modify your access to and use of the Services or terminate this EULA in our sole discretion. You may also terminate this EULA by deleting and uninstalling the Game on all of your devices or by deleting your App Store Account. A suspension or modification of your access to and use of the Services will result in your inability to access and use some or all features of the Services, as determined by us in our sole discretion. Upon any termination of this EULA, the rights granted to you will automatically terminate, you may no longer exercise any of those rights or this EULA. Subject to applicable law, we may, in our sole discretion, provide continued access to and use of the Services after such termination.<br>Where required by applicable law, termination of this EULA does not require a court decision to affect termination or a notice served by a court bailiff as a prerequisite to termination.<br>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.<br>The following sections will survive termination of this EULA: 8 (first two sentences only), 13, 19, 20, 22 through 25, and this sentence of Section 21.<br><br>22. Dispute Resolution and Governing Law<br>You are agreeing to Laws of Singapore. If there is a dispute between us, we agree it’ll be resolved through arbitration, with each of us paying our own costs.<br>(a) Governing Law. You agree that 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 (col-lectively, “Disputes”) will be resolved in accordance with the laws of Singapore without reference to choice of law rules and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods. Any law or regulation which provides that the language of a contract will be construed against the drafter will not apply to this EULA.<br>(b) Dispute Resolution. Any Dispute will be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) under the Arbitration Rules of the SIAC in force at the time of delivery of the arbitration notice, which rules are deemed to be incorporated by reference in this clause.<br>(c) Arbitration Rules. The arbitration will be conducted in accordance with laws of Singapore with the seat of the arbitra-tion in Singapore, and the language of the proceedings will be in English. The Tribunal will consist of three (3) arbitra-tors, with each party nominating one arbitrator within thirty (30) days after the delivery of the arbitration notice. The appointment of such arbitrators will be confirmed by the SIAC, and both arbitrators will be instructed to and will agree on the third arbitrator within ten (10) days of their confirmation by the SIAC. Should either party fail to appoint an arbi-trator, or should the two arbitrators fail within ten (10) days to reach agreement on the third arbitrator, such arbitrator(s) will be appointed by the Secretary General of the SIAC. The arbitrators will award only such damages as are permitted to be awarded pursuant to this EULA.<br>(d) Costs. Each party will pay its own costs and expenses (including, without limitation, counsel fees) of any such arbi-tration; provided, however, that the parties will equally share the fees and expenses of the arbitrators.<br>(e) Injunctive Relief. Notwithstanding anything to the contrary in this EULA, either party may always apply to a court of competent jurisdiction for an injunction or any other legal or equitable relief.<br><br>23. No Assignment<br>You cannot transfer or assign this EULA to anyone else.<br>You may not assign or transfer this EULA, by operation of law or otherwise, without our prior written consent. Any at-tempt by you to assign or transfer this EULA, without such consent, will be null and void. Notwithstanding the title of this Section, we may freely assign or transfer this EULA without restriction. Subject to the foregoing, this EULA will bind and inure to the benefit of the parties, their successors and permitted assigns.<br><br>24. Miscellaneous<br>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.<br>(a) Entire 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.<br>(b) 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.<br>(c) 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, the remaining terms of this EULA will remain in full force and effect.<br>(d) No Waiver. Your and our actions or inactions will not create any other rights under this EULA except as what is ex-plicitly 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 other-wise.<br>(e) Your Status. You are not, nor acting on behalf of anyone who is:<br>a. subject to sanctions or export restrictions maintained by the United Nations, People’s Republic of China, United States (e.g., the Specially Designated Nationals and Blocked Persons List (“SDN List”) or the Entity List), the United Nations Security Council, the United Kingdom (including the Consolidated List of Financial Sanctions Targets), the European Union and any Member State thereof (including the Consolidated List of Persons, Groups and Entities Subject to Financial Sanctions), or any other list of restricted persons maintained by any authority with jurisdiction over you (any person so listed being a “Restricted Person”);<br>b. operating from or located or resident in a country or territory that is the target of comprehensive sanctions (“Embar-goed Territories”).<br>(f) General Trade Compliance. In connection with your use of the Services, you will comply with all applicable export controls and economic sanctions laws and regulations of the United Nations, People’s Republic of China, United States, European Union, United Kingdom, and other applicable government authorities (collectively, “Trade Laws”). You agree not to engage in any activities in connection with the use of the Services that would violate Trade Laws or that would risk placing us in breach of any Trade Laws. If we have reasons to believe that you are a Restricted Person, are in or a resident of Embargoed Territories, or otherwise engaging in activities that violate Trade Laws or would risk placing us in breach of any Trade Laws, we may, at our sole discretion, take any and all relevant actions, such as requesting you to cease the conduct that violates Trade Laws, disabling or suspending Services, terminating Services with immediate effect, or other remedial actions.<br>(g) Third-Party 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.<br>(h) EU Digital Services Act (DSA) and related legislation. Please refer to our DSA Landing Page where you can find: (a) information about our content moderation across our services and details on how you can notify us of any illegal or rule-breaking activity you come across; (b) details of our appointed legal representative and electronic point of contact for the purposes of the DSA; and (c) guidance for law enforcement and regulatory bodies should they wish to submit requests for the removal of illegal content in our services or information on certain users.<br><br>25. Contact Information<br>If you have any questions about this EULA or the Game, please contact us at our Support Email Address.<br> <br>Schedule A-1: Addendum for residents of European Union, UK, and Brazil<br>For the purposes of this Schedule A-1: The EULA is a legal agreement between you and Sixjoy Hong Kong Limited, a company registered in Hong Kong with registered office at 29/F Three Pacific Place No.1 Queen's Road East Wanchai, Hong Kong, company registration number 58011219-000-02-23-3 if you are a resident of or located in the European Union, United Kingdom, or Brazil.<br>Virtual Goods and Game Currency: Notwithstanding Section 9(c) of this EULA, 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 AL-LEGED MONETARY VALUE OF GAME CURRENCY OR VIRTUAL GOODS LOST UPON (I) DELETION OR SUSPENSION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THIS EULA, OR (II) MODIFICA-TION, TERMINATION OR EXPIRATION OF THIS EULA IN ACCORDANCE WITH THE TERMS OF THIS EULA.<br>Warranty Disclaimers. Section 18 of this EULA is replaced in its entirety with the following:<br>The Company Parties (being us, our affiliates, directors, officers, employees, agents, and licensors) make no warranty that the Services will at all times meet your requirements or be available on an uninterrupted, secure, or error-free basis.<br>Limitation of Liability: Section 19 of this EULA is replaced in its entirety with the following:<br>19. Limitation of Liability<br>(a) NOTHING IN THIS EULA EXCLUDES OR LIMITS OUR LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY MAT-TER IN RESPECT OF WHICH IT WOULD BE UNLAWFUL FOR US TO EXCLUDE OR RESTRICT OUR LIABIL-ITY.<br>(b) WITHOUT AFFECTING SECTION 19(A), IF WE FAIL TO COMPLY WITH THIS EULA, WE ARE RESPONSI-BLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREACH OF THIS EULA OR OUR NEGLIGENCE, BUT WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF IT WAS AN OBVIOUS CONSEQUENCE OF OUR BREACH OR IF IT WAS CONTEMPLATED BY YOU AND US AT THE TIME THAT THIS EULA BECAME BIND-ING ON YOU AND US.<br>(c) WITHOUT AFFECTING SECTION 19(A) ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICA-BLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY PARTIES ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE SERVICES WILL NOT EXCEED: (A) THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) OR ARE PAYABLE BY YOU TO US FOR THE PARTICULAR GAME OR SERVICE IN QUESTION; OR (B) IF (A) DOES NOT APPLY, FIFTY DOLLARS ($50 USD).<br>Notwithstanding the foregoing, some countries, states, provinces, or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated 
                above, 
                including,
                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.<br>Termination: Notwithstanding the provisions of Section 21 of this EULA, save as required by applicable law, we may, in our sole discretion, provide continued access to and use of the Services prior to such termination. We will have no liabil-ity to you if we terminate this EULA due to your breach of this EULA or due to circumstances beyond our reasonable control.<br>No Assignment: Notwithstanding the provisions of Section 23 of this EULA, we may freely assign or transfer this EULA
                 without 
                limitation, intellectual property
                restriction, provided that: (a) we will give you notice of such assignment or transfer; and (b) if you do not con-sent to such assignment or transfer, this EULA will be terminated.<br>Language: Notwithstanding the provisions of Section 24(b) of this EULA, the original language of this EULA is in Eng-lish; any translations are provided for reference purposes or to satisfy legal compliance obligations.<br>Moral Rights. Any reference to the waiver of moral
                 rights 
                or
                under this EULA is not applicable to you.<br>Cancellation of Virtual Goods and Game Currency. Notwithstanding the provisions of Section 10 of this EULA, you have a legal right to cancel your purchase of Virtual Goods and/or Game Currency – please see Exhibit 1 to this Sched-ule for more information.<br><br>Additional Terms for Residents of EU and UK<br>With respect to residents of EU and UK, the following additional terms apply:<br>Dispute Resolution: Section 22 of this EULA is replaced in its entirety with the following:<br>22. Dispute Resolution and Governing Law – EU and UK: The following applies if you are accessing, using, or have purchased the Services in the European Union or UK:<br>(a) This EULA is governed by English law. This means that your access to and use of the Services, your purchas-ing of Virtual Goods and Content, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by English law.<br>(b) You may bring any dispute which may arise under this EULA to – at your discretion - either the English courts, or to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court - competent to settle any of such a dispute. We shall bring any dispute which may arise under this EULA to the competent court of your country of habitual residence if this is in an EU Member State or otherwise in the English courts.<br>(c) As a consumer, if you are resident in the European Union and we direct the Services to the Member State in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this EULA, including Section 22, affects your
                 rights 
                of publicity or privacy.<br><br>In posting
                as a consumer to rely on
                 such 
                Feedback,
                mandatory provisions of local law.<br>(d) If
                 you 
                warrant that your feedback is in compliance with
                wish to have more information on online dispute resolution, please follow
                 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.<br><br>14.	 DMCA/Copyright Policy<br>We respect copyright law and expect our users to do the same. It’s our policy to terminate in appropriate circumstances Game Accounts of users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.<br><br>15.	 Third-Party Websites and Resources<br>Outside links are for your convenience, but we can’t guarantee them.<br><br>The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.<br><br>16.	Data Charges and Mobile Devices<br>This is a reminder that you’re responsible for any data-related charges that you may incur for using our Services.<br><br>You are responsible for all data-related charges that you may incur for using our Services, including, without limitation, mobile, text-messaging, and data charges. You should understand or ask your service provider what charges you may incur before using the Services.<br><br>17.	Service and EULA Modifications<br>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.<br><br>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.<br><br>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.<br><br>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.<br><br>18.	Warranty Disclaimers<br>We don’t make any guarantees about the Services.<br><br>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.<br><br>19.	Limitation of Liability<br>This section limits what you can recover from us in a dispute.<br><br>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY PARTIES WILL NOT BE LIABLE IN ANY WAY FOR ANY:<br><br>(a) LOSS OF PROFITS,<br>(b) LOST REVENUE,<br>(c) LOST SAVINGS,<br>(d) LOSS OF DATA, OR<br>(e) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES,<br>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.<br><br>Notwithstanding the foregoing, some countries, states, provinces, or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this EULA will prejudice such rights that you may have as a consumer of the Services.<br><br>20.	Indemnity<br>If someone sues us based on your breach of this EULA or your access or use of the Services, you agree to defend us or pay for our defense in that lawsuit.<br><br>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.<br><br>21.	 Termination<br>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.<br><br>To the fullest extent consistent with applicable law, we may suspend, modify or terminate your access to and use of the Services, including any Game, Virtual Goods, and Content, with no liability or notice to you, in the event that (a) we cease providing the Game to similarly situated users generally; (b) you breach any terms of this EULA (including the App Store Agreement(s) and our other policies specified in this EULA); (c) the owner of the applicable App Store terminates your App Store Account; or (d) we otherwise deem it necessary to suspend or modify your access to and use of the Services or terminate this EULA in our sole discretion. You may also terminate this EULA by deleting and uninstalling the Game on all of your devices or by deleting your App Store Account. A suspension or modification of your access to and use of the Services will result in your inability to access and use some or all features of the Services, as determined by us in our sole discretion. Upon any termination of this EULA, the rights granted to you will automatically terminate, you may no longer exercise any of those rights or this EULA. Subject to applicable law, we may, in our sole discretion, provide continued access to and use of the Services after such termination.<br><br>Where required by applicable law, termination of this EULA does not require a court decision to affect termination or a notice served by a court bailiff as a prerequisite to termination.<br><br>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.<br><br>The following sections will survive termination of this EULA: 8 (first two sentences only), 13, 19, 20, 22 through 25, and this sentence of Section 21.<br><br>22.	 Dispute Resolution and Governing Law<br>You are agreeing to Laws of Singapore. If there is a dispute between us, we agree it’ll be resolved through arbitration, with each of us paying our own costs.<br><br>(a) Governing Law. You agree that any dispute, controversy, difference, or claim arising out of or relating to this EULA, a Game, or the Services, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to this EULA, a Game, or the Services (collectively, “Disputes”) will be resolved in accordance with the laws of Singapore without reference to choice of law rules and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods. Any law or regulation which provides that the language of a contract will be construed against the drafter will not apply to this EULA.<br><br>(b) Dispute Resolution. Any Dispute will be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) under the Arbitration Rules of the SIAC in force at the time of delivery of the arbitration notice, which rules are deemed to be incorporated by reference in this clause.<br><br>(c) Arbitration Rules. The arbitration will be conducted in accordance with laws of Singapore with the seat of the arbitration in Singapore, and the language of the proceedings will be in English. The Tribunal will consist of three (3) arbitrators, with each party nominating one arbitrator within thirty (30) days after the delivery of the arbitration notice. The appointment of such arbitrators will be confirmed by the SIAC, and both arbitrators will be instructed to and will agree on the third arbitrator within ten (10) days of their confirmation by the SIAC. Should either party fail to appoint an arbitrator, or should the two arbitrators fail within ten (10) days to reach agreement on the third arbitrator, such arbitrator(s) will be appointed by the Secretary General of the SIAC. The arbitrators will award only such damages as are permitted to be awarded pursuant to this EULA.<br><br>(d) Costs. Each party will pay its own costs and expenses (including, without limitation, counsel fees) of any such arbitration; provided, however, that the parties will equally share the fees and expenses of the arbitrators.<br><br>(e) Injunctive Relief. Notwithstanding anything to the contrary in this EULA, either party may always apply to a court of competent jurisdiction for an injunction or any other legal or equitable relief.<br><br>23.	 No Assignment<br>You cannot transfer or assign this EULA to anyone else.<br><br>You may not assign or transfer this EULA, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this EULA, without such consent, will be null and void. Notwithstanding the title of this Section, we may freely assign or transfer this EULA without restriction. Subject to the foregoing, this EULA will bind and inure to the benefit of the parties, their successors and permitted assigns.<br><br>24.	 Miscellaneous<br>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.<br><br>(a) Entire 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.<br><br>(b) 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.<br><br>(c) 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, the remaining terms of this EULA will remain in full force and effect.<br><br>(d) 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 otherwise.<br><br>(e) Your Status. You are not, nor acting on behalf of anyone who is:<br>a.    subject to sanctions or export restrictions maintained by the United Nations, People’s Republic of China, United States (e.g., the Specially Designated Nationals and Blocked Persons List (“SDN List”) or the Entity List), the United Nations Security Council, the United Kingdom (including the Consolidated List of Financial Sanctions Targets), the European Union and any Member State thereof (including the Consolidated List of Persons, Groups and Entities Subject to Financial Sanctions), or any other list of restricted persons maintained by any authority with jurisdiction over you (any person so listed being a “Restricted Person”);<br>b.    operating from or located or resident in a country or territory that is the target of comprehensive sanctions (“Embargoed Territories”).<br><br>(f) General Trade Compliance. In connection with your use of the Services, you will comply with all applicable export controls and economic sanctions laws and regulations of the United Nations, People’s Republic of China, United States, European Union, United Kingdom, and other applicable government authorities (collectively, “Trade Laws”). You agree not to engage in any activities in connection with the use of the Services that would violate Trade Laws or that would risk placing us in breach of any Trade Laws. If we have reasons to believe that you are a Restricted Person, are in or a resident of Embargoed Territories, or otherwise engaging in activities that violate Trade Laws or would risk placing us in breach of any Trade Laws, we may, at our sole discretion, take any and all relevant actions, such as requesting you to cease the conduct that violates Trade Laws, disabling or suspending Services, terminating Services with immediate effect, or other remedial actions.<br><br>(g) Third-Party 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.<br><br>(h) EU Digital Services Act (DSA) and related legislation. Please refer to our DSA Landing Page where you can find: (a) information about our content moderation across our services and details on how you can notify us of any illegal or rule-breaking activity you come across; (b) details of our appointed legal representative and electronic point of contact for the purposes of the DSA; and (c) guidance for law enforcement and regulatory bodies should they wish to submit requests for the removal of illegal content in our services or information on certain users.<br><br>25.	 Contact Information<br>If you have any questions about this EULA or the Game, please contact us at our Support Email Address.<br><br> <br><br>Schedule A-1: Addendum for residents of European Union, UK, and Brazil<br><br>For the purposes of this Schedule A-1: The EULA is a legal agreement between you and Sixjoy Hong Kong Limited, a company registered in Hong Kong with registered office at 29/F Three Pacific Place No.1 Queen's Road East Wanchai, Hong Kong, company registration number 58011219-000-02-23-3 if you are a resident of or located in the European Union, United Kingdom, or Brazil.<br><br>Virtual Goods and Game Currency: Notwithstanding Section 9(c) of this EULA, 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 IN ACCORDANCE WITH THE TERMS OF THIS EULA, OR (II) MODIFICATION, TERMINATION OR EXPIRATION OF THIS EULA IN ACCORDANCE WITH THE TERMS OF THIS EULA.<br>Warranty Disclaimers. Section 18 of this EULA is replaced in its entirety with the following:<br>The Company Parties (being us, our affiliates, directors, officers, employees, agents, and licensors) make no warranty that the Services will at all times meet your requirements or be available on an uninterrupted, secure, or error-free basis.<br>Limitation of Liability: Section 19 of this EULA is replaced in its entirety with the following:<br><br>19.  Limitation of Liability<br><br>(a) NOTHING IN THIS EULA EXCLUDES OR LIMITS OUR LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY MATTER IN RESPECT OF WHICH IT WOULD BE UNLAWFUL FOR US TO EXCLUDE OR RESTRICT OUR LIABILITY.<br><br>(b) WITHOUT AFFECTING SECTION 19(A), IF WE FAIL TO COMPLY WITH THIS EULA, WE ARE RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREACH OF THIS EULA OR OUR NEGLIGENCE, BUT WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF IT WAS AN OBVIOUS CONSEQUENCE OF OUR BREACH OR IF IT WAS CONTEMPLATED BY YOU AND US AT THE TIME THAT THIS EULA BECAME BINDING ON YOU AND US.<br><br>(c) WITHOUT AFFECTING SECTION 19(A) ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY PARTIES ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE SERVICES WILL NOT EXCEED: (A) THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) OR ARE PAYABLE BY YOU TO US FOR THE PARTICULAR GAME OR SERVICE IN QUESTION; OR (B) IF (A) DOES NOT APPLY, FIFTY DOLLARS ($50 USD).<br><br>Notwithstanding the foregoing, some countries, states, provinces, or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this EULA will prejudice such rights that you may have as a consumer of the Services.<br><br>Termination: Notwithstanding the provisions of Section 21 of this EULA, save as required by applicable law, we may, in our sole discretion, provide continued access to and use of the Services prior to such termination. We will have no liability to you if we terminate this EULA due to your breach of this EULA or due to circumstances beyond our reasonable control.<br><br>No Assignment: Notwithstanding the provisions of Section 23 of this EULA, we may freely assign or transfer this EULA without restriction, provided that: (a) we will give you notice of such assignment or transfer; and (b) if you do not consent to such assignment or transfer, this EULA will be terminated.<br><br>Language: Notwithstanding the provisions of Section 24(b) of this EULA, the original language of this EULA is in English; any translations are provided for reference purposes or to satisfy legal compliance obligations.<br><br>Moral Rights. Any reference to the waiver of moral rights under this EULA is not applicable to you.<br><br>Cancellation of Virtual Goods and Game Currency. Notwithstanding the provisions of Section 10 of this EULA, you have a legal right to cancel your purchase of Virtual Goods and/or Game Currency – please see Exhibit 1 to this Schedule for more information.<br><br>Additional Terms for Residents of EU and UK<br><br>With respect to residents of EU and UK, the following additional terms apply:<br><br>Dispute Resolution: Section 22 of this EULA is replaced in its entirety with the following:<br><br>22.  Dispute Resolution and Governing Law – EU and UK: The following applies if you are accessing, using, or have purchased the Services in the European Union or UK:<br><br>(a) This EULA is governed by English law. This means that your access to and use of the Services, your purchasing of Virtual Goods and Content, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by English law.<br><br>(b) You may bring any dispute which may arise under this EULA to – at your discretion - either the English courts, or to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court - competent to settle any of such a dispute. We shall bring any dispute which may arise under this EULA to the competent court of your country of habitual residence if this is in an EU Member State or otherwise in the English courts.<br><br>(c) As a consumer, if you are resident in the European Union and we direct the Services to the Member State in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this EULA, including Section 22, affects your rights as a consumer to rely on such mandatory provisions of local law.<br><br>(d) If you wish to have more information on online dispute resolution, please follow this 
                link to the website of the 
                European
                Euro-pean
                 Commission: <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2Fec.europa.eu%2Fconsumers%2Fodr%2F" target="_blank" rel=" noopener">http://ec.europa.eu/consumers/odr/</a>. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged and not willing to participate in online dispute resolution.<br>Retail Purchases. Notwithstanding the provisions of Section 6(d) of this EULA, all terms regarding foreign exchange control regulations will not apply.<br>Cancellation of Virtual Goods and Game Currency. Where you have purchased such Virtual Goods and/or Game 
                Cur-rency other than directly from us, the details of your right to cancel will be set out in the applicable third-party terms. However, where you purchase such Virtual Goods and/or Game 
                Currency 
                directly from us the following will apply:<br>(i) prior to entering into this EULA or 
                other 
                than directly
                agreement with us for the provision by us to you of such Virtual Goods and/or Game Currency, we will ask you to confirm that: (A) you wish to be provided with such Virtual Goods and/or Game Currency immediately on purchase; and (B) by providing such confirmation you waive your right to cancel under applicable law; and<br>(ii) accordingly, by providing such confirmation you will waive your right to cancel your purchase of such Virtual Goods and/or Game Currency under applicable law.<br>EULA Modifications. Notwithstanding the provisions of Section 17 of this EULA, if we need to update this EULA, we will provide you with 30 days' prior written notice of the changes and, following the expiry of such notice period, you will be prompted to agree to the updated EULA upon your next access to the Services or when the updated EULA is otherwise communicated to you. You must agree to these updates to continue using the Services. Except as required to allow you to continue to use any Virtual Content and/or Game Currency that you have purchased
                 from us, 
                the details of your
                you agree that we do not have any maintenance or support obligations with respect to the Services.<br>Indemnity. Section 20 of this EULA is removed in its entirety and replaced with the following:<br>20. Intentionally Omitted.<br>Additional Terms for Residents of France<br>With respect to residents of France, the following additional terms apply:<br>Mediation: You have the
                 right to 
                cancel will be set out in the applicable third-party terms. However, where
                turn to a mediator to solve a dispute under the Agreement. Pursuant to article L 616-1 of the French consumer Code, we inform
                 you 
                purchase such Virtual Goods and/or Game Currency directly from us the following will apply:<br><br>(i) prior to entering into this EULA or other agreement with us for the provision by us to you of such Virtual Goods and/or Game Currency,
                that the mediator(s)
                 we 
                will ask you to confirm that: (A) you wish to be provided with such Virtual Goods and/or Game Currency immediately on purchase; and (B) by providing such confirmation you waive your right to cancel under applicable law; and<br>(ii) accordingly, by providing such confirmation you will waive your right to cancel your purchase of such Virtual Goods and/or Game Currency under applicable law.<br>EULA Modifications. Notwithstanding the provisions of Section 17 of this EULA, if we need to update this EULA, we will provide you with 30 days' prior written notice of the changes and, following the expiry of such notice period, you will be prompted to agree to the updated EULA upon your next access to the Services or when the updated EULA is otherwise communicated to you. You must agree to these updates to continue using the Services. Except as required to allow you to continue to use any Virtual Content and/or Game Currency that you 
                have 
                purchased from us, you agree that we do not have any maintenance or support obligations with respect to the Services.<br><br>Indemnity. Section 20 of this EULA is removed in its entirety and replaced with the following:<br><br>20.  Intentionally Omitted.<br><br>Additional Terms for Residents of France<br><br>With respect to residents of France, the following additional terms apply:<br><br>Mediation: You have the right to turn to a mediator to solve a dispute under the Agreement. Pursuant to article L 616-1 of the French consumer Code, we inform you that the mediator(s) we have 
                chosen is:
                <br>
                <br>Le service du Médiateur du e-commerce de la FEVAD<br>60 rue la Boétie<br>75008 PARIS<br><a href="mailto:[email protected]">[email protected]</a><br><a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=https%3A%2F%2Fwww.mediateurfevad.fr%2F" target="_blank" rel=" noopener">https://www.mediateurfevad.fr/</a><br>
                <br>
                Eligibility and Registration. You are responsible for all activities that occur under your Game Account, whether or not you know about them, unless you manage to prove that such use is fraudulent. If you believe that your Game Account is no longer secure, then you must immediately notify us at our Support Email Address.<br>
                <br>
                Licenses. The licenses defined in Sections 6(b), and 13 of this EULA are granted worldwide and for the duration of 
                protection
                pro-tection
                 of intellectual property rights. The licenses defined in Sections 6(a) and 9(b) of this EULA are granted worldwide and for the duration of this EULA between you and us.<br>
                <br>
                Legal Warranty: Legal conformity warranty: In accordance with article L224-25-12 and seq. of the French Consumer code, we shall provide digital content or a digital service in compliance with the contract and the criteria set out in 
                Arti-cle L. 224-25-14. Where the contract provides for a one-off supply of the digital content or service, or a series of separate supply operations, we are liable for any lack of conformity existing at the time of supply and which appears within two years of the supply. Where the contract provides for the digital content or digital service to be supplied on a continuous basis, we shall be liable for lack of conformity which becomes apparent during the period in which the digital content or digital service is supplied under the contract. The applicable period does not deprive the consumer of his right to updates in accordance with the provisions of 
                Article L. 
                224-25-14. Where
                224-25-25.<br>The starting point of the limitation period for the consumer's action is the day on which the consumer becomes aware of the lack of conformity. In the event of lack of conformity, the consumer is entitled to have the digital content or service brought into conformity or, failing that, to have the price reduced or
                 the contract 
                provides
                rescinded under the conditions provid-ed by the French consumer code. The consumer also has the right to suspend payment of all or part of the price or deliv-ery of the benefit provided
                 for 
                in the contract until the business has fulfilled its obligations in accordance with Articles 1219 and 1220 of the Civil Code.<br>We will reimburse the sums or other benefit received under the contract to the consumer without undue delay and at the latest within fourteen days from the day on which we are informed by the consumer of his decision to exercise his right to reduce the price or rescind the contract.<br>The trader shall reimburse these sums using the same means of payment as the one used by the consumer when the con-tract was concluded, unless the consumer expressly agrees otherwise and in any event without any additional cost.<br>Additional Terms for Residents of Germany<br>With respect to residents of Germany, the following additional terms apply:<br>Limitation of Liability. Section 19(a) is replaced with the following:<br>Nothing in this EULA excludes or limits our liability for: (a) in case of intent (‘Vorsatz’) and gross negligence (‘grobe Fahrlässigkeit’); (b) in case of injuries to life, physical integrity/body or health; (c) pursuant to the terms of the German Product Liability Act (‘Produkthaftungsgesetz’); and/or (d) under 
                a 
                one-off supply of the digital content or service, or
                guarantee we give.<br>We shall be liable for losses caused by breach of our Cardinal Duties. “Cardinal Duties” are such basic duties which form the essence of EULA, which were decisive for the conclusion of this EULA and on the performance of which you may rely. If we breach
                 a 
                series of separate supply operations,
                Cardinal Duty through slight negligence (‘leichte Fahrlässigkeit’), then our ensuing liability shall be limited according to Section 19(c).<br>Additional Terms for Residents of Italy<br>With respect to residents of Italy, the following additional terms apply:<br>Nothing in this EULA excludes or limits our liability: (a) in case of willful misconduct (‘dolo’) and gross negligence (‘colpa grave’); (b) in case of injuries to life, physical integrity/body or health; (c) pursuant to the terms of the Italian Consumer Code with reference to product liability.<br>Additional Terms for Residents of Poland<br>With respect to residents of Poland, the following additional terms apply:<br>Nothing in this EULA excludes or limits our liability for: (a) wilful misconduct (‘wina umyślna’); (b) in case of injuries to life, physical integrity/body or health; (c) under statutory warranty (for consumers only) or (d) unsafe product.<br>Additional Terms for Residents of Brazil:<br>With respect to residents of Brazil, the following additional terms apply:<br>EULA Modifications. Notwithstanding any contrary provision in the EULA, modifications, amendments, supplements or terms to our fees, billing methods and terms applicable to App Currency, Virtual Goods or any purchases shall be ef-fective 30 days after you receive notice of the changes from us in any form.<br>Dispute Resolution – Brazil. Notwithstanding any contrary provision in the EULA, if you are accessing, using, or have purchased the Services in Brazil, you agree that any action related to this EULA will be resolved in accordance with the Brazilian laws, and that any dispute arising out of or in relation to this EULA shall be brought exclusively in the Brazil-ian courts, provided that you may choose to litigate in the court of your domicile.<br>Local representative. Pursuant to Digital Statute for Children and Adolescents (ECA Digital – Law No. 15,211/2025) in Brazil,
                 we 
                have designated a local representative in Brazil as follows.<br>Henrique Rossetti Cleto<br>Avenida Queiroz Filho, 1,700, rooms 408 and 409<br>Tower E – Condomínio Villa Lobos Office Park<br>Vila Hamburguesa, São Paulo – SP, 05319-000, Brazil<br>E-mail: <a href="mailto:[email protected]">[email protected]</a><br> <br>Exhibit 1 to Schedule A-1: Addendum for Cancellation (European Union, UK, and Brazil)<br>Right of Cancellation:<br>You have a legal right to cancel your purchase of Virtual Goods and/or Game Currency within 14 days without giving any reason.<br>The cancellation period shall be 14 days from the date on which you or a third party designated by you have taken pos-session of the Virtual Goods and/or Game Currency.<br>In order to exercise your right of cancellation, you must inform us of your name, postal address and, where available, your telephone number, fax number and e-mail address via the Support Email Address, and clearly state your decision to cancel your purchase of Virtual Goods and/or Game Currency from this EULA. You may use the Model Withdrawal Form, below, which is not mandatory. Alternatively, you can withdraw using any other clear statement setting out your decision to cancel the contract.<br>Your purchase of Virtual Goods and/or Game Currency will be deemed cancelled within the cancellation period if you sent the notification before the cancellation period expires.<br>Consequences of the Cancellation:<br>If you cancel your purchase of Virtual Goods and/or Game Currency, then we shall promptly remove the Virtual Goods or Game Currency associated with your purchase from your account, and we shall reimburse you immediately and no later than 14 days from the date on which we received notice of your cancellation for all payments we have received from you. Such refund will be made using the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you, and in no event will you be charged for such refund.<br>Model Withdrawal Form<br>(Complete and return this form only if you wish to withdraw from the contract)<br>I hereby give notice that I cancel my purchase of Virtual Goods and/or Game Currency (choose as applicable; please further describe so it is possible to identify to which Virtual Goods and/or Game Currency the cancellation refers).<br>- ordered on (please add date)/received on (please add date);<br>- your name;<br>- your address;<br>- your signature (only if this form is notified on paper); and<br>- date.<br> <br>Schedule A-2: Addendum for residents of the United States<br>If you live in and/or access, use, or purchase the Services in the United States, Section 22 of this EULA is replaced in its entirety with the following:<br>22. Dispute Resolution and Governing Law - United States<br>With limited exceptions, any Dispute will be resolved solely by final and binding arbitration. You and we agree that we 
                are 
                liable
                each waiving the right to a trial by jury.<br>(a) Mandatory Arbitration of Disputes . We each agree that any and all Disputes between us (except those expressly specified below in Section 22(b)) shall be resolved exclusively through final and binding arbitration in accordance with the terms of this Section 22. A “Dispute” means any dispute, controversy, or claim arising out of or relating in any way to this EULA, the Services, or your relationship with us, regardless of whether it is based in contract, statute, regulation, ordinance, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. This Section 22 shall govern any and all Disputes between us, without limita-tion—including any Disputes that arose, accrued, or were asserted before the effective date of this EULA (including this version of Section 22)—irrespective of whether the Disputes are based on past, present, or future events and irrespective of whether substantially similar Disputes were previously asserted by any other party. WE EACH WAIVE THE RIGHT TO BRING SUCH DISPUTES TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL, WHERE APPLICABLE.<br>(b) Exceptions. As limited exceptions to Section 22(a) above:<br>(1) Instead of initiating an arbitration, either of us may seek to resolve a Dispute in small claims court in the county in which you reside if the small claims court has jurisdiction (which issue should be decided by that court);<br>(2) Either of us may seek injunctive or other equitable relief from a court to enjoin the infringement or misappropriation of intellectual property rights;<br>(3) A court may enter injunctive relief to enforce pre-filing requirements as provided below in Section 22(c) (Informal Dispute Resolution);<br>(4) A court may enforce the dispute resolution process
                 for 
                coordinated filings as specified below in Section 22(g) (Coor-dinated Filings);<br>(5) Either party may opt out of arbitration and proceed in court after global mediation of Mass Arbitrations fails as ex-pressly provided below in Section 22(g) (Coordinated Filings);<br>(6) A court may enjoin the filing of an arbitration seeking to apply a prior arbitration agreement as provided below in Section 22(l) (Opt-Out of Modifications); and<br>(7) The entitlement to and extent of public injunctive relief must be litigated in court as provided below in Section 22(i) (Arbitration Award and Injunctive Relief).<br>Before 
                any 
                lack of conformity
                arbitration proceeding may be commenced, you and we agree to first attempt to resolve our Dispute infor-mally. Any Dispute shall be dismissed if an arbitration was filed without fully and completely complying with these in-formal dispute resolution procedures.<br>(c) Informal Dispute Resolution. Before any arbitration proceeding may be commenced, we each agree to first attempt to resolve any Dispute informally, through good faith negotiation, for at least sixty (60) days. If you have a Dispute with us, you must first send us a written notice of your Dispute (“Notice of Dispute”) to the following email address: <a href="mailto:[email protected]">[email protected]</a>. Your Notice of Dispute must be individual to you and must include your game user ID (“User ID”, a unique number used to identify your account, not your username or alias), your name, and both the mailing ad-dress and email address you would like us to use to contact you. If we have a Dispute with you, we will send a Notice of Dispute to the contact information we have in our files for you. A Notice of Dispute submitted by either you or us must (a) describe the nature and basis of the Dispute; and (b) set forth the specific amount of damages or other relief sought. A Notice of Dispute will not be valid and will not allow you or us later to commence an arbitration proceeding unless it contains all of the information required by this paragraph. The sixty (60)-day informal dispute resolution period shall run from the date on which either you or we receive a Notice of Dispute that complies with all of the requirements of this paragraph.<br>       We each agree that during the sixty (60)-day informal dispute resolution period, we will personally meet, via tele-phone or videoconference, in a good-faith effort to negotiate and resolve informally any Dispute. If you are represented by counsel, your counsel may participate in such a meeting, but you also agree to fully participate in person in the con-ference. If you choose to have your counsel attend the conference, our counsel may also attend the conference, but we will have a company representative fully participate in person in the conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this Section 22(c).<br>       We each agree that neither of us may commence any arbitration proceeding against the other unless you and we are unable to resolve the Dispute within sixty (60) days after one party receives the other party’s compliant Notice of Dis-pute and the party sending the Notice of Dispute has made a good faith effort to resolve its claim directly with the other party during that time, including meeting personally via telephone or videoconference, as required by this Section 22(c). You and we agree that any arbitration proceeding shall be dismissed if it was filed without fully and completely com-plying with these informal dispute resolution procedures. In particular, you and we agree that if either of us proceed to arbitration without first having sent a compliant Notice of Dispute and negotiating in good faith (including meeting per-sonally via telephone or videoconference) to resolve the Dispute in accordance with this Section 22(c), the arbitration provider has no jurisdiction over the Dispute and shall administratively close the Dispute. If the arbitration provider fails to close such Dispute, a court may enter injunctive relief to enforce the pre-filing requirements of this Section 22(c), in-cluding an injunction to stay any arbitration that has been commenced in violation of this Section 22(c).<br>The JAMS Arbitration Rules, including its fee schedule, will apply, except as modified by this EULA. The arbitrator and not a court will decide what Disputes are subject to arbitration, and whether this agreement to arbitrate is enforceable. Demands for Arbitration must include your User ID, be personally signed, and comply with filing standards.<br>(d) Arbitration Institution and Rules. Except as otherwise provided in Section 22(b), if you and we are unable to come to an informal resolution under Section 22(c), you and we agree to binding individual arbitration administered by Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its Streamlined Arbitration Rules and Procedures, available at <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=https%3A%2F%2Fwww.jamsadr.com%2Frules-streamlined-arbitration%2F" target="_blank" rel=" noopener">https://www.jamsadr.com/rules-streamlined-arbitration/</a> , or, if applicable, its Mass Arbitration Procedures and Guide-lines, available at <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=https%3A%2F%2Fwww.jamsadr.com%2Fmass-arbitration-procedures" target="_blank" rel=" noopener">https://www.jamsadr.com/mass-arbitration-procedures</a> . The fees and costs of the arbitration will be borne by both you and us according to the then-applicable JAMS Schedule of Fees and Costs. JAMS may also be reached at 800.352.5267 for further information. The terms in this Section 22 govern to the extent they conflict with JAMS rules.<br>       Any arbitration hearings will take place in the county where you live, unless we both agree to a different location. The arbitrator shall have the authority to consider and grant dispositive motions and will apply the standards of the Fed-eral Rules of Civil Procedure governing such motions. You and we agree that, except as otherwise provided in Section 22(b), the arbitrator, and not any federal or state court or agency, shall have exclusive authority to decide all issues relat-ing to the validity, interpretation, applicability, scope, and enforceability of this agreement to arbitrate, including the ar-bitrability of any Dispute and any claim that all or any part of this arbitration agreement is void or voidable, to the extent permitted by applicable law.<br>(e) Demand for Arbitration . A party who wishes to commence an arbitration must submit a written Demand for Arbitra-tion to JAMS and give notice to the other party as specified in the applicable JAMS rules. A Demand for Arbitration must identify the game User ID at issue, which is necessary for proving the existence of an agreement to arbitrate be-tween us; failure to identify the User ID will be understood to mean you and we do not have an agreement. The Demand for Arbitration submitted by either you or us must set forth the claim(s) asserted, factual basis for the claim(s), and relief and/or remedy sought. The Demand for Arbitration must be personally signed by the party seeking arbitration. A failure to follow these filing requirements shall be a basis for dismissal of the Demand for Arbitration, including by a Process Administrator, as defined in JAMS Mass Arbitration Procedures and Guidelines. By signing any Demand for Arbitration, the signing party certifies to the best of its knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the Demand for Arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by
                 existing 
                law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or analogous state law for either party’s vio-lation of this requirement.<br>(f) Offer of Judgment . In the arbitration proceedings, a party may serve a written offer of judgment on the other party to allow judgment on specific terms 
                at 
                the time of supply and
                least 10 days before the date set for the arbitration hearing. If the offer is accepted, the offer with proof of acceptance shall be submitted to JAMS,
                 which 
                appears
                shall issue an award accordingly. If the offer is not accepted prior to the arbitration hearing or
                 within 
                two years of the supply. Where the contract provides
                30 days after it is made, whichever occurs first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration, other than with respect to costs. If the award that the other party finally obtains is not more favorable than the unaccepted offer, then the other party shall pay the reasonable costs incurred after the offer was made, to the extent such cost-shifting is not prohibited by applicable law or JAMS rules, provided that the arbitrator(s) shall have discretion to, in light of the circumstances, release you from the obligation to cover our costs in circumstances of financial hardship.<br>In the event of mass arbitration filings, cases will be grouped, one group will proceed first, and a global mediation will follow, after which remaining claimants or we may opt out of arbitration.<br>(g) Coordinated Filings. To the extent permitted by applicable law and notwithstanding any other provision of this Sec-tion 22, in the event seventy-five (75) or more claimants represented by the same or coordinated counsel file Demands
                 for 
                the digital content or digital service
                Arbitration raising substantially similar Disputes, these coordinated filings are considered “Mass Arbitrations” under JAMS Mass Arbitration Procedures and Guidelines, and you and we agree that the additional procedures in this Section 22(g) shall apply: (1) Arbitration of Bellwether Group: Once counsel representing you in the Mass Arbitrations has submitted at least seventy-five (75) compliant Demands for Arbitration to JAMS and the Process Administrator has heard and determined preliminary and administrative matters in accordance with JAMS Mass Arbitration Procedures and Guidelines and this Section 22, the Process Administrator shall randomly select ten (10) claimants to proceed first as a single consolidated arbitration before a panel of three (3) retired federal judges. After the arbitral panel is appointed, the parties in this initial group of 10 cases (“Bellwether Group”) shall conduct an initial preliminary conference with the ar-bitral panel, and shall use their best efforts to complete the arbitration of the Bellwether Group within 120 days of the initial preliminary conference.<br>(2) Global Mediation After Resolution of Bellwether Group: After the resolution of the Bellwether Group, the parties shall engage in a global mediation of all remaining cases with a mediator
                 to be 
                supplied on
                jointly selected by counsel for all parties, and we will pay the mediation fee.<br>(3) Right to Opt Out After Global Mediation Fails: If the mediation does not yield
                 a 
                continuous basis,
                global resolution, you and
                 we 
                shall be liable
                may, separately or by agreement, opt out of arbitrating the Dispute raised in your Demand
                 for 
                lack of conformity which becomes apparent during the period
                Arbitration and elect to proceed
                 in 
                which the digital content or digital service is supplied under the contract. The applicable period does not deprive the consumer of his right to updates in accordance with the provisions of Article L. 224-25-25.<br><br>The starting point of the limitation period for the consumer's action is the day on which the consumer becomes aware of the lack of conformity. In the event of lack of conformity, the consumer is entitled to have the digital content or service brought into conformity or, failing that, to have the price reduced or the contract rescinded under the conditions provided
                court. You may opt out
                 by 
                the French consumer code. The consumer also has the right to suspend payment of all or part of the price or delivery of the benefit provided for in the contract until the business has fulfilled its obligations in accordance with Articles 1219 and 1220 of the Civil Code.<br><br>We will reimburse the sums or other benefit received under the contract to the consumer without undue delay and
                sending to JAMS and to us
                 at
                 the latest within fourteen days from the day on which we are informed by the consumer of his decision to exercise his right to reduce the price or rescind the contract.<br><br>The trader shall reimburse these sums using the same means of payment as the one used by the consumer when the contract was concluded, unless the consumer expressly agrees otherwise and in any event without any additional cost.<br><br>Additional Terms for Residents of Germany<br><br>With respect to residents of Germany, the following additional terms apply:<br><br>Limitation of Liability. Section 19(a) is replaced with the following:<br><br>Nothing in this EULA excludes or limits our liability for: (a) in case of intent (‘Vorsatz’) and gross negligence (‘grobe Fahrlässigkeit’); (b) in case of injuries to life, physical integrity/body or health; (c) pursuant to the terms of the German Product Liability Act (‘Produkthaftungsgesetz’); and/or (d) under a guarantee we give.<br><br>We shall be liable for losses caused by breach of our Cardinal Duties. “Cardinal Duties” are such basic duties which form the essence of EULA, which were decisive for the conclusion of this EULA and on the performance of which you may rely. If we breach a Cardinal Duty through slight negligence (‘leichte Fahrlässigkeit’), then our ensuing liability shall be limited according to Section 19(c).<br><br>Additional Terms for Residents of Italy<br><br>With respect to residents of Italy, the following additional terms apply:<br><br>Nothing in this EULA excludes or limits our liability: (a) in case of willful misconduct (‘dolo’) and gross negligence (‘colpa grave’); (b) in case of injuries to life, physical integrity/body or health; (c) pursuant to the terms of the Italian Consumer Code with reference to product liability.<br><br>Additional Terms for Residents of Poland<br><br>With respect to residents of Poland, the following additional terms apply:<br><br>Nothing in this EULA excludes or limits our liability for: (a) wilful misconduct (‘wina umyślna’); (b) in case of injuries to life, physical integrity/body or health; (c) under statutory warranty (for consumers only) or (d) unsafe product.<br><br>Additional Terms for Residents of Brazil:<br><br>With respect to residents of Brazil, the following additional terms apply:<br><br>EULA Modifications. Notwithstanding any contrary provision in the EULA, modifications, amendments, supplements or terms to our fees, billing methods and terms applicable to App Currency, Virtual Goods or any purchases shall be effective 30 days after you receive notice of the changes from us in any form.<br><br>Dispute Resolution – Brazil. Notwithstanding any contrary provision in the EULA, if you are accessing, using, or have purchased the Services in Brazil, you agree that any action related to this EULA will be resolved in accordance with the Brazilian laws, and that any dispute arising out of or in relation to this EULA shall be brought exclusively in the Brazilian courts, provided that you may choose to litigate in the court of your domicile.<br><br>Exhibit 1 to Schedule A-1: Addendum for Cancellation (European Union, UK, and Brazil)<br><br>Right of Cancellation:<br><br>You have a legal right to cancel your purchase of Virtual Goods and/or Game Currency within 14 days without giving any reason.<br><br>The cancellation period shall be 14 days from the date on which you or a third party designated by you have taken possession of the Virtual Goods and/or Game Currency.<br><br>In order to exercise your right of cancellation, you must inform us of your name, postal address and, where available, your telephone number, fax number and e-mail address via the Support Email Address, and clearly state your decision to cancel your purchase of Virtual Goods and/or Game Currency from this EULA. You may use the Model Withdrawal Form, below, which is not mandatory. Alternatively, you can withdraw using any other clear statement setting out your decision to cancel the contract.<br><br>Your purchase of Virtual Goods and/or Game Currency will be deemed cancelled within the cancellation period if you sent the notification before the cancellation period expires.<br><br>Consequences of the Cancellation:<br><br>If you cancel your purchase of Virtual Goods and/or Game Currency, then we shall promptly remove the Virtual Goods or Game Currency associated with your purchase from your account, and we shall reimburse you immediately and no later than 14 days from the date on which we received notice of your cancellation for all payments we have received from you. Such refund will be made using the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you, and in no event will you be charged for such refund.<br><br>Model Withdrawal Form<br><br>(Complete and return this form only if you wish to withdraw from the contract)<br><br>I hereby give notice that I cancel my purchase of Virtual Goods and/or Game Currency (choose as applicable; please further describe so it is possible to identify to which Virtual Goods and/or Game Currency the cancellation refers).<br><br>-	ordered on (please add date)/received on (please add date);<br><br>-	your name;<br><br>-	your address;<br><br>-	your signature (only if this form is notified on paper); and<br><br>-	date.<br> <br><br>Schedule A-2: Addendum for residents of the United States<br><br>Dispute Resolution and Governing Law: Section 22 of this EULA is replaced with its entirety with the following:<br><br>This section applies if you live in and/or access, use, or purchase the Services in the United States.<br><br>With limited exceptions, a Dispute will be resolved solely by final and binding arbitration. You and we agree that we are each waiving the right to a trial by jury.<br><br>(a) Mandatory Arbitration of Disputes . We each agree that any and all Disputes between us (except those specifically exempted below in Section 22(b)) shall be resolved exclusively through final and binding arbitration conducted by the American Arbitration Association (“AAA”). A “Dispute” means any dispute, controversy, or claim arising out of or relating in any way to this EULA or the Services. We each waive the right to bring such Disputes to court, including the right to a jury trial, where applicable.<br><br>(b) Exceptions. As limited exceptions to Section 22(a) above:<br>(i) Instead of initiating an arbitration, either of us may seek to resolve a Dispute in small claims court if it qualifies. If a Dispute qualifies for small claims court, but a party commences an arbitration proceeding, either party may elect instead to have the Dispute resolved in small claims court, and upon written notice of a party’s election, the AAA will administratively close the arbitration proceeding. Any disagreement about whether a Dispute qualifies for small claims court shall be resolved by that court, not by an arbitrator. In the event of any such Dispute, the arbitration proceeding shall remain closed unless and until a decision by the small claims court that the Dispute should proceed in arbitration.<br>(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 intellectual property rights.<br>(iii) We each retain the right to litigate the entitlement to and extent of public injunctive relief in court (as provided below in Section 22(g)).<br>If there is a Dispute between us, you and we agree to first attempt to resolve it informally.<br><br>(c) Informal Dispute Resolution. If there is a Dispute between us, we each agree to first attempt to negotiate any Dispute informally for at least sixty (60) days before initiating any arbitration (or court proceeding, if any of the exceptions in Section 22(b) applies). If you have a Dispute with us, you must first send us a written notice of your Dispute ("Notice of Dispute"). The Notice of Dispute should be sent to
                 <a href="mailto:[email protected]">[email protected]</a>
                , within the earlier of sixty (60) days after the start of mediation or thirty (30) days after conclusion of the mediation, your individual written notice of your intention to opt out of arbitrating the Dispute raised in your Demand for Arbitration. For your opt-out to be effec-tive, your written notice must be personally signed by you. We may opt out by sending our written notice to JAMS and to your arbitration counsel, within fourteen (14) days following the expiration of your opt-out period, written notice of our intention to opt out. For our opt-out to be effective, our written notice must be personally signed by a company rep-resentative. Counsel for the parties may agree to modify these deadlines. You and we agree that JAMS shall administra-tively close your case if either of us chooses to opt out.<br>(4) Court Proceedings for Opt-Out Cases: If your Dispute is brought in court after either party opts out in accordance with the procedures above, the forum and venue of your Dispute shall be governed by Section 22(k) (Forum and Venue). Notwithstanding the class action waiver in Section 22(h), you may seek class treatment to the fullest extent allowed by applicable law, but you and we agree that the putative class(es) you seek shall not include any individual whose Dispute remains subject to arbitration following the opt-out procedures above. You and we agree that unless either of us chooses to opt out with respect to the Dispute raised in your Demand for Arbitration in accordance with the opt-out procedures above, you may not be included in any such putative class sought by other claimants and may not bring your Dispute in court. Similarly, if you never commence an arbitration, you may not be included in any such putative class sought by other claimants and may not bring your Dispute in court.<br>(5) Stay of Remaining Cases and Tolling: During the pendency of the consolidated arbitration of the Bellwether Group, the global mediation, and the opt-out periods, the remaining cases shall be stayed, arbitrators shall not be appointed for those cases, and applicable statutes of limitations for those cases shall be tolled, and no arbitration fees shall be assessed in connection with those cases.<br>(6) Arbitration of Remaining Cases Absent Opt-Out: If the mediation does not yield a global resolution and you and we do not choose to opt out of arbitration in accordance with the procedures above, the parties shall cooperate to organize the Demands for Arbitration into randomized groups of 50 claimants each (plus, to the extent there are fewer than 50 claimants remaining, a final group consisting of the remaining claimants), with each group proceeding as a single con-solidated arbitration and with one arbitrator presiding over each group. An arbitrator may preside over multiple groups of cases.<br>(7) Procedures for Grouped Arbitration: For each group of cases that proceeds to arbitration (including the Bellwether Group), the arbitrator(s) shall decide all common issues of fact and law first—including considering and granting dis-positive motions under the standards of the Federal Rules of Civil Procedure governing such motions—before proceed-ing to deciding individual factual and legal issues and issuing individualized final awards. Within each group of cases, discovery shall be consolidated and coordinated. No final award from an arbitrator shall have preclusive effect in another arbitration; an order in a grouped arbitration, however, may be shared for its persuasive value in related grouped arbitra-tion proceedings.<br>       You and we agree that although the resolution of our Disputes may be delayed in some circumstances, the process set forth in this Section 22(g) increases the efficiency of dispute resolution. You and we agree to cooperate in good faith to implement this dispute resolution process for Mass Arbitrations. You and we agree that the parties have a mutual in-terest in reducing the costs and increasing the efficiency of arbitration, and accordingly, either party may negotiate with JAMS for reduced arbitration fees and for streamlined or other procedures designed to reduce costs and increase the effi-ciency of arbitration.<br>       A court shall have authority to enforce the process specified in this Section 22(g), including through injunctive re-lief. To the extent you are asserting the same or similar claims as other persons and are represented by the same or coor-dinated counsel, for the purpose of a court action permitted under Sections 22(c), 22(g), and 22(l), notwithstanding the class action waiver in Section 22(h), you and we agree that the action may proceed as a single, consolidated action.<br>You and we agree not to initiate or participate in a class, collective, or representative action and only to bring claims as an individual.<br>(h) Class Action Waiver 
                . 
                EXCEPT AS EXPRESSLY PROVIDED IN SECTION 22(G) (COORDINATED FILINGS), YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION, OR ANY OTHER ACTION WHERE ANOTHER INDIVIDUAL OR ENTITY ACTS IN A REPRESENTATIVE CAPACITY (E.G., PRIVATE ATTORNEY GENERAL ACTIONS). Further, if the parties’ Dispute is resolved through arbitration, except as expressly provided in Section 22(g) (Coordinated Filings) or unless you and we both agree, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative, collective, or class proceeding. This Section 22(h) does not pre-vent you or us from settling claims on a class, collective, or representative basis.<br>The arbitrator may award relief only on an individual basis. Any public injunctive relief (as defined below) sought must be litigated in a civil court after determinations of liability are made by the arbitrator.<br>(i) Arbitration Award and Injunctive Relief . An arbitrator shall make a decision in writing, which will include the find-ings and conclusions on which the decision is based. The arbitrator has the authority to issue any relief allowed by ap-plicable law, but the arbitrator shall have no authority to issue any relief on any basis other than an individual basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that a party seeks public in-junctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in court and not in arbitration, after all issues of liability are decided by the arbitrator. You and we agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any issues of liability in arbitration.<br>Delaware law governs our Disputes, except that the Federal Arbitration Act governs everything related to arbitration. You and we agree to the exclusive jurisdiction and venue of federal or state court in California for all Disputes that are not subject to arbitration.<br>(j) Governing Law . This EULA shall be governed by, and any Dispute between us shall be resolved in accordance with, the laws of the State of Delaware, without regard to conflict of laws provisions, except that the Federal Arbitration Act—and not any state arbitration law—governs everything related to arbitration (including interpretation and enforce-ment of this Section 22).<br>(k) Forum and Venue . You and we agree that, for the limited situations expressly identified in Section 22(b) that may or must proceed in court as opposed to arbitration, actions to enforce, challenge, or confirm any arbitral award, and pro-ceedings following a determination by the arbitrator that a Dispute is not arbitrable, the exclusive venue for such pro-ceedings shall be a federal court in the State of California. If those federal courts do not have subject matter jurisdiction, then the exclusive venue shall be a state court in the State of California. You and we consent to the jurisdiction of such California courts for purposes of such proceedings.<br>You can opt out of modifications made by this arbitration agreement in writing within 30 days. This Section 22 applies in full absent a valid opt-out.<br>(l) Opt-Out of Modifications . If you have previously agreed to arbitrate with us, you may opt out of the modifications to your prior arbitration agreement made by this Section 22 by sending us written notice no later than 30 days after the ef-fective date of this EULA. Opting out of this Section 22 has no effect on any previous, other, or future arbitration agree-ments that you may have with us, and all other parts of this EULA will continue to apply to you. To be effective, your written notice must be sent to <a href="mailto:[email protected]">[email protected]</a> and must include your name, mailing address, User ID, email address, phone number, and an unequivocal statement that you want to opt out of this Section 22. This written notice must be dated and signed by you, and not any attorney, agent, or other representative of yours. Should you not opt out within the 30-day period in accordance with this procedure, you and we shall be bound by the terms of this Section 22 in full, including for any Disputes that arose, accrued, or were asserted before the effective date of this EULA. You and we agree that if you do not opt out in accordance with this procedure but either you or we commence an arbitration and seek to apply an arbitration agreement with us that predates this agreement, either you or we may seek injunctive relief in court, and a court may enter injunctive relief enjoining the filing of arbitration under the prior agreement.<br>Except for Section 22(h) (Class Action Waiver), if a part of this Section 22 is unenforceable, the rest still applies. This Section 22 survives termination.<br>(m) Severability . Except for Section 22(h) (Class Action Waiver), if any part of this Section 22 is found to be invalid or unenforceable, the other parts shall still apply. If Section 22(h) (Class Action Waiver) is found to be invalid or unen-forceable, then this entire Section 22 shall be void and unenforceable, except for paragraph (j) Governing Law, para-graph (k) Forum and Venue, and paragraph (n) Survival.<br>(n) Survival . Section 22 survives termination of this EULA.<br>Schedule A-3: Addendum for Residents of South Korea<br>For the purposes of this Schedule A-3: The EULA is a legal agreement between you and Sixjoy Hong Kong Limited, a company registered in Hong Kong with registered office at 29/F Three Pacific Place No.1 Queen's Road East Wanchai, Hong Kong, company registration number 58011219-000-02-23-3 if you are a resident of or located in South Korea.<br>Amendment Regarding Responsibility of a Legal Representative of a Minor: Notwithstanding Section 5(a) of this EULA, the legal representative of a minor hereby acknowledges and agrees that he/she is responsible for the Game Account cre-ated by the minor or the details of use of the Game Account by a user with respect to whom the legal representative gave consent when such user uses the Service.<br>Amendments and changes of fees, billing methods and terms applicable to Game Currency, Virtual Goods or to any purchases: Notwithstanding Section 9(a) of this EULA, we may modify, amend or supplement our fees, billing methods and terms applicable to Game Currency, Virtual Goods, or any purchases, and give a public notice of those changes to users by posting them within the Game Service or on the connection screen. When we notify you or publicly post those changes, we will also notify you or otherwise disclose that if a user does not express his/her consent or refusal, he/she will be deemed to have consented to those changes, and in case you fail to expresses your refusal by the date on which such changes take effect, we will consider you having consented to such changes. If any change is unacceptable to you, you may refuse such change and terminate the use of your Game Account.<br>Changes to Game Currency and Virtual Goods: The terms stipulating the changes made without notice to users and the users’ waiver of any and all legal claims under Section 9(c) of this EULA will not apply to you. Unless otherwise pro-hibited under applicable laws, we may modify, substitute, replace, suspend, cancel, or eliminate any Game Currency or Virtual Goods, including your ability to access or use Game Currency or Virtual Goods, in which case we will notify you of such changes within the Service in advance. Notwithstanding the foregoing, if it is unavoidably necessary to make any changes, such as correction of bugs/errors and urgent updates, or if the changes are not material, we may give a pub-lic notice of those changes afterward.<br>Limitation of Liability: Section 19 of this EULA is amended as follows:<br>Each of the Company and the user (the “Indemnifying Party”) shall indemnify the other party from all losses that arise out of any breach by the Indemnifying Party of this EULA; provided, however, that the foregoing shall not apply if such breach is not attributable to the Indemnifying Party’s intentional or negligent behavior.<br>Notwithstanding the foregoing, we shall not be held liable in any of the following cases:<br>(a) We shall not be liable for providing the Service, in case where the Service cannot be provided due to natural disaster or any equivalent force majeure event.<br>(b) We shall not be liable for any losses that arise out of the maintenance, replacement, regular inspection, or construc-tion of facilities for the Service or any other reasons equivalent thereto, unless such losses are attributable to our inten-tional or negligent behavior.<br>(c) We shall not be liable for any disruption in using the Service which is attributable to the user’s intentional or negli-gent behavior, unless the user has unavoidable or justifiable reasons.<br>(d) We shall not be liable for the reliability or accuracy of information or materials uploaded or posted by users in con-nection with the Service, unless we act intentionally or grossly negligently.<br>(e) We do not have any obligation to intervene in any transaction or dispute which takes place between you and another user or a third party in connection with the Service, and shall not be liable for any losses arising therefrom.<br>(f) We shall not be liable for any losses incurred by users which arise in connection with use of any free Service, unless such losses are attributable to our intentional or grossly negligent behavior.<br>(g) We shall not be liable for your failure to obtain expected profits or your loss of profits by using the Service.<br>(h) We shall not be liable for your losses of experience points, level, items, or Game Currency within the Game, unless such losses are attributable to our intentional or negligent behavior.<br>(i) We shall not be liable for your payments by a third party which arise due to your failure to manage the password of your mobile device or the password provided by your online marketplace operators, unless any losses are attributable to our intentional or negligent behavior.<br>(j) We shall not be liable for your inability to use whole or part of the Services due to any change of your mobile device or its number or OS version, overseas roaming, change of mobile carrier, etc., unless such inability is attributable to our intentional or negligent behavior.<br>(k) We shall not be liable for your deletion of any Content or Account information we have provided, unless such dele-tion is attributable to our intentional or negligent behavior.<br>(l) We shall not be liable for any losses incurred by a guest member which arise out of his/her use of the Service, unless such losses are attributable to our intentional or negligent behavior.<br>Termination: Section 21 of this EULA is amended as follows:<br>We may suspend whole or part of Services in the event that (a) it is necessary for operation of the system, including reg-ular inspection on the system, increase or replacement of servers, network unstability, etc.; (b) it is impossible to nor-mally provide the Services due to power failure, breakdown of a Service facility, traffic overload, repair or inspection of facilities by telecommunications service provider, etc.; or (c) war, incident, natural disaster or national emergency equiv-alent thereto or any other event beyond our control occurs. In such case, we will provide the prior notification of the reasons for and duration of such suspension on the beginning screen of the Game or the notice section of the Services; provided, however, that if we cannot provide the prior notification for a justifiable reason, we may notify you afterward.<br>As an elaboration of what is permitted by law as mentioned in Section 10 of this EULA, users who are residents of Korea have the following legal rights when purchasing Virtual Goods or Game Currency:<br>Unless otherwise provided in this EULA or other terms and conditions of transaction, end-users may cancel their purchase within 7 days from the date on which the end-user is notified of the purchase of virtual items/currency. However, the purchase cannot be canceled if the user has used or partially consumed virtual goods or game currency, or in other cases stipulated by applicable laws of Korea. However, notwithstanding the above, if the contents of the virtual goods or game currency are different from the display/advertisement contents provided by us, or if the contents are per-formed differently from the contract contents, the user may cancel within three months from the date of receiving the virtual good or game currency, or within 30 days from the date he/she knew or could have known such fact.<br>When a refund is received for purchase cancellation, refunds will be processed by the App Store operator where you made relevant purchase according to their refund operation policy and procedure.<br>If a user who is a minor under the laws of Korea concludes a purchase contract for virtual goods or game currency, the Company informs the minor that his/her guardian or the minor himself/herself may cancel the con-tract, if his/her guardian does not agree in regard to the contract. We may request the submission of documents proving that you are a minor or a legal representative. However, if a minor purchases virtual goods or game currency with the property permitted for disposition by their legal representative, if a minor has deceived us into believing that he is an adult, or if the minor has the consent of his legal representative, the contract cannot be cancelled.<br>Effect of withdrawal of subscription: If you cancel your purchase, we will retrieve or delete the canceled Virtual Goods or Game Currency. Please note that we may only retrieve or cancel such Virtual Goods or Game Currency after platform operator has notified us about the refund.<br>Local representative: Pursuant to the Game Industry Promotion Act of Korea, we have designated a local representative in Korea as follows.<br>Bae, Kim & Lee LLC (Representative Attorney Soonik Kwon)<br>Phone number: +82-2-3404-0012<br>Email: [email protected]<br>Address: Centropolis B, 26, Ujeongguk-ro, Jongno-gu, Seoul, Republic of Korea (Zip code: 03161)<br>Schedule A-4: Addendum for Residents of Japan<br>Age: The age of majority as referred to in Section 5(a) in this EULA means, prior to April 1, 2022, those who are 20 years of age or more, and, on and after said date, those who are 18 years of age or more. If you are a minor, you must have your parent or other legal guardian read and accept this EULA before creating a Game Account.<br>Moral Rights: Any reference to the waiver of moral rights under this EULA is not applicable to you. You agree not to exercise any of your moral rights to the User Content, including the right to be indicated as the author of the User Con-tent, against us or any third party designated by us.<br>EULA Modifications: Notwithstanding the provisions of Section 17 of this EULA, we may modify this EULA in ac-cordance with the applicable law. In the case of any modification to this EULA, the effective date of the modification and the contents of this EULA after the modification will be posted on our website or otherwise notified to you by a method separately determined by us. If you use the Services after the effective date of the modification of this EULA, you shall be deemed to have agreed to the revised EULA.<br>Limitation of Liability: Any reference to the limitation on our liability to you under this EULA (including Section 19) does not apply to damage incurred by you as a result of our intentional acts or gross negligence.<br>Schedule A-5: Addendum for Residents of Russia<br>We are a company registered in Hong Kong with registered office at 29/F Three Pacific Place No.1 Queen's Road East Wanchai, Hong Kong, company registration number 58011219-000-02-23-3.<br>Moral Rights: Any reference to the waiver of moral rights under this EULA is not applicable to you. You do, however, allow us to use any User Content anonymously without indicating your name, if applicable, and to edit, amend, cut, an-notate, illustrate, provide any other comments to User Content as we deem reasonable and appropriate.<br> <br>Schedule A-6: Addendum for Residents of Morocco<br>In this EULA, “we” refer to a company registered in Hong Kong with registered office at 29/F Three Pacific Place No.1 Queen's Road East Wanchai, Hong Kong , company registration number 58011219-000-02-23-3 .<br>Amendments and changes of fees, billing methods and terms applicable to Game Currency, Virtual Goods or to any purchases: Notwithstanding provisions of section 9, changes to our fees, billing methods and terms applicable to Game Currency, Virtual Goods or to any purchases, shall be effective immediately upon notification duly received by you, and shall be incorporated by reference into this EULA. If any change is unacceptable to you, you may decline these changes and terminate the use of your Game Account at any time.<br>Changes to Game Currency and Virtual Goods. Waiver of notice provided for under section 9(c) does not apply to you. Except as otherwise prohibited by applicable law, and subject to reasonable notice, we, in our sole discretion, may mod-ify, substitute, replace, suspend, cancel, or eliminate any Game Currency or Virtual Goods, including your ability to ac-cess or use Game Currency or Virtual Goods.<br>Right of legal recourse: Any reference to a waiver of any legal recourse relating to purchased Game Currency, Virtual Goods, or to any purchase under sections 1 and 9(c) is not applicable to you.<br>Moral Rights: Any reference to the waiver of moral rights under this EULA is not applicable to you. You do, however, allow us to use any User Content anonymously without indicating your name, if applicable, and to edit, amend, cut, an-notate, illustrate, provide any other comments to User Content as we deem reasonable and appropriate.<br>Refunds: Notwithstanding provisions of section 10 of this EULA, we may not revoke your license to purchased Virtual Goods, and/or Game Currency, and/or any other purchase without reasonable notice nor your serious misconduct. You may also exercise your right of withdrawal within seven (7) days of your acceptance of the license or, where applicable, of each purchase.<br>Also, in the event that we are unable to honor any of your purchases within seven (7) days, your withdrawal right period is extended to eight (8) more days following the expiry of your initial seven (7) withdrawal period as provided under Moroccan law 31-08 on consumer protection.<br>Service and EULA Modification: Notwithstanding provisions of section 17 of the EULA, you will be prompted to accept or decline any Service and EULA Modification. If any change is unacceptable to you, you may decline these changes and terminate the use of your Game Account at any time.<br>Warranty Disclaimers: Provisions of section 18 apply to purchased Virtual Goods and/or purchased Game Currency, provided that such purchases fulfill and comply with their announced characteristics and description thereof at the time of purchase.<br>Indemnity: 
                Your 
                Notice of 
                obligation to indemnify us is limited to actual damage suffered by us directly caused by your act, fault, or gross negligence.<br>
                Dispute 
                must
                Resolution and Governing Law: Any dispute, controversy, difference, or claim arising out of or relating to this EULA, a Game, or the Services, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to this EULA, a Game, or the Ser-vices (collectively, “Disputes”) will
                 be 
                individual
                resolved in accordance with the laws of Morocco.<br>In the event of a Dispute, the competent court shall be the court having jurisdiction over your place of residence.<br>Language: This EULA is provided
                 to you 
                and must include
                with an Arabic translation.<br> <br>Schedule A-7: Addendum for Residents of Tunisia<br>Moral Rights: Any reference to the waiver of moral rights under this EULA is not applicable to you. You do, however, allow us to use any User Content anonymously without indicating
                 your 
                game id and
                name, if applicable, and to edit, amend, cut, an-notate, illustrate, provide any other comments to User Content as we deem reasonable and appropriate.<br>Refunds: Notwithstanding provisions of section 10 of this EULA, we may not revoke your license to purchased Virtual Goods, and/or Game Currency, and/or any other purchase without reasonable notice nor your serious misconduct. You may also exercise your right of withdrawal within ten (10) days of your acceptance of the license or, where applicable, of each purchase.<br>Warranty Disclaimers: Provisions of section 18 apply to purchased Virtual Goods and/or purchased Game Currency, provided that such purchases fulfill and comply with their announced characteristics and description thereof at the time of purchase.<br> <br>Schedule A-8: Addendum for residents of Australia<br>For the purposes of this Schedule A-8: The term "Services" means collectively, and sometimes individually, the follow-ing: (a) each of our Games, and (b) any websites, software or other services we provide with or in support of the Game, whether or not they are installed or used on a computer, console, or a mobile device (i.e. it is as otherwise defined in the EULA). If we use the term "services" without capitalization, it means any benefits, privileges, or facilities we provide to you under this EULA. The term "Australian Consumer Law" refers to Schedule 2 of the Competition and Consumer Act (2010).<br>Moral Rights: Any reference to the waiver of moral rights under this EULA is not applicable to you. You do, however, allow us to use any User Content anonymously without indicating your name, if applicable, and to edit, amend, cut, an-notate, illustrate, provide any other comments to User Content as we deem reasonable and appropriate.<br>License – Retail Purchase: Notwithstanding provisions of section 6 of this EULA, our codes or keys come with guaran-tees that cannot be excluded under the Australian Consumer Law. Pursuant to the Australian Consumer Law, if we are deemed the manufacturer of the code or key you can elect to seek a remedy from us rather than a third party who you purchased your code or key from. Other than any obligations we have under the Australian Consumer Law, we will have no responsibility for these codes or keys purchased from any third party or if any purchase occurred in breach with any applicable foreign exchange control regulations.<br>Changes to Game Currency and Virtual Goods: Notwithstanding provisions of section 9 of this EULA, our Services and Games come with guarantees under the Australian Consumer Law, which are not excluded.<br>Refunds: Notwithstanding provisions of section 10 of this EULA, the provision of refunds is subject to applicable law, including, but not limited to, the extent required under the Australian Consumer Law. All Games, Virtual Goods and Game Currency are not redeemable, refundable, or eligible for any other alternate remedy for any “real world” money or anything of monetary value, unless we have obligations to provide you with a remedy under the Australian Consumer Law, or otherwise if they are defective, unavailable, or do not perform in accordance with the specifications we provide.<br>Beta Testing: Notwithstanding provisions of section 11 of this EULA, unless you are otherwise entitled to a remedy pursuant to the Australian Consumer Law, termination of a Beta by us and your participation in a Beta does not entitle you to any compensation or any free Services, including any Content and Game Currency.<br>Accessing a Game from an App Store. Notwithstanding provisions of section 12 of this EULA, where a Game is made available to you via an App Store, the provisions of this EULA are subject to any obligations we may have under the Australian Consumer Law which cannot be excluded.<br>Warranty Disclaimers: Notwithstanding provisions of section 18 of this EULA, for the Services you acquired directly from us, our Services come with guarantees that cannot be excluded under the Australian Consumer Law. In addition, even if you acquired our Services from a third party, you may be entitled to a remedy from us if we are the manufacturer of the Services, as provided for under the Australian Consumer Law. Third-party branded products purchased from us may also come with guarantees that cannot be excluded under the Australian Consumer Law.<br>The Warranty Disclaimers in Section 18 of the EULA only apply to the extent permitted by law, including to the extent permitted under the Australian Consumer Law.<br>Limitation of Liability: Notwithstanding provisions of section 19 of this EULA, any limitation of liability is only ex-pressed to the extent permitted under applicable law, including the Australian Consumer Law, which provides guarantees and remedies which cannot be excluded. The remedy you are entitled to under the Australian Consumer Law from us in the event of a failure to comply with the consumer guarantees will depend on whether we are the supplier and/or the manufacturer of the Services you acquire, and whether the failure is a major or minor failure.<br>For example, if we are the supplier of the Services to you, for major failures with a service, you are entitled to cancel your service contract with us, and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.<br>Termination: Notwithstanding provisions of section 21 of this EULA, in certain circumstances, you may be entitled to a remedy under to the Australian Consumer Law.<br>Dispute Resolution and Governing Law. Notwithstanding provisions of section 22 of this EULA, the governing law is set only to the extent permitted by law, and does not prevent action in a Court where a statutory right which cannot be excluded arises.<br> <br> <br>Schedule A-9: Addendum for Residents in Mexico<br>We are a company registered in Hong Kong with address at 29/F Three Pacific Place No.1 Queen's Road East Wanchai, Hong Kong , company registration number 58011219-000-02-23-3 . This addendum will only apply if you reside in Mexico and the laws of Mexico are applicable to you.<br>Limitations: To the extent that the EULA would conflict with the Federal Consumer Protection Law, we agree to abide by the provisions of such law and not the provisions of the EULA, while the remaining provisions of the EULA shall apply mutatis mutandi. We may modify or terminate our obligations to the extent permitted by the Federal Consumer Protection Law; particularly for the situations out of our control as set forth in Section 9(c). We can also suspend or ter-minate our Service to you if we reasonably decide that you have breached the EULA or this addendum or if we deter-mine that you are behaving improperly towards other users or our employees, agents, or contractors, or as may be re-quired under the applicable law, or for technical reasons such as maintenance, updates and other technical or financial reasons in accordance with the nature of the Game.<br>Refund: The provisions of the EULA regarding refunds in section 10 of the EULA will not apply to the extent that they conflict with our obligations under the Federal Consumer Protection Law of Mexico. All remaining provisions of the EULA will remain in force mutatis mutandi.<br>License and Use of the Services: To the extent permitted by the laws of Mexico, a license granted under section 6 with respect to the User Content also includes a license to use your personal image to the extent it is visible on the User Con-tent. Should you wish to exercise your rights under article 87 of the Federal Copyright Law to revoke authorization to use your image, you may do so by sending an email to the Support Email Address detailing the content in which your image is shown. You hereby acknowledge that you authorize a grace period of thirty natural days upon receipt of your request to delete the content or edit it as to remove your personal image from it.<br>In case you wish to exercise the Moral Rights over the User Contents prescribed by article 21 of the Federal Copyright Law, you agree to send an email to the Support Email, detailing the right you wish to exercise, and the User Content in-volved. You further agree to cover any and all expenses, damages and lost profits that may be generated by the compli-ance with such request
                 both 
                the mailing address and email address
                to us and to third parties in advance. You further provide us with a term no less than six calendar months to comply with your request, upon your payment of the respective expenses, damages, and lost profits.<br>Minimum Requirements. You acknowledge and agree that we assume no liability in the event that your device is in-compatible with the minimum requirements, or if its configuration does not allow
                 you 
                would like
                to play the Game with the desired quality. We assume no responsibility for any modifications that you may make to your device, its configuration, or any third-party software you install on it.<br>Seizure warning. The provisions of 6(f) apply mutatis mutandi to any other physical, neurological, psychological, emo-tional, or psychiatric issue, condition, or problem you may have, and which may be affected or altered by the use of a Game. It is your responsibility to contact your healthcare provider to determine if any actual or potential problem in your physical, mental, or emotional health could be affected by the use of a Game.<br>Player Conduct: You further agree for the purposes of section number 7 of the EULA that when reporting abuse, we are not required to take action and that we may differ from you on the appreciation of the relevant facts. You agree that when reporting abuse, you will do so truthfully, and that falsely reporting abuse might be a cause for
                 us to 
                deny your access to the Services.<br>Dispute Resolution and Governing Law. To the extent that section 22 of the EULA is found to be incompatible with arti-cle 92 of the Federal Consumer Protection Law by the Federal Consumer Protection Agency or local or federal judge in Mexico, the parties agree to be bound by the Federal Courts of Mexico City and, to the extent permitted by the Federal Consumer Protection Law, that the provisions of the Commerce Code will be applicable for interpreting the EULA and this addendum, followed by those of the Federal Civil Code, if necessary.<br>Schedule A-10: Addendum for Residents in Canada<br>If you are a consumer who is a resident of Canada, the following provisions apply.<br>Ownership of the Services. If you Cheat, you agree that we may exercise any or all of our rights under this EULA, in-cluding termination of this EULA and your access to our Services.<br>Purchasing or Obtaining Virtual Goods and Game Currency. Waiver of notice provided for under section 9(a) does not apply to you, to the extent prohibited by applicable law. Modifications, amendments, supplements, or terms are effective subject to notice as provided by applicable law and are hereby incorporated by reference into this EULA. If any change is unacceptable to you, you may terminate the 
                use 
                to contact you. 
                of your Game Account at any time.<br>Changes to Game Currency and Virtual Goods. Waiver of notice provided for under section 9(c) does not apply to you, to the extent prohibited by applicable law. Subject to notice to the extent provided by applicable law, we, in our sole dis-cretion, 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.<br>Service and EULA Modifications. Waiver of notice provided for under section 17 does not apply to you, to the extent prohibited by applicable law.<br>Warranty Disclaimers. Waiver of legal warranties do not apply to you, to the extent prohibited by applicable law.<br>Limitation of Liability. The limitation or exclusion of our liability for the consequences of our own acts will not apply to you, to the extent prohibited by applicable law.<br>Termination. Payments and fees may be refundable solely to the extent provided by applicable law.<br>Governing Law: Notwithstanding Section 22(a), any Dispute will be resolved in accordance with the laws of the prov-ince or territory in which you reside and the federal laws of Canada applicable therein, without reference to any choice of law rules, and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods.<br>Dispute Resolution. Notwithstanding Section 22, either you or we may elect to have the Dispute finally and exclusively resolved by binding arbitration, in your province or territory of residence, in accordance with the applicable arbitration legislation. This section is set only to the extent permitted by law, and does not prevent action in courts of competent jurisdiction of the province or territory of your principal residence where such a right cannot be excluded under applica-ble law.<br>Language. Section 24(b) does not apply to you, to the extent prohibited by applicable law.<br> <br><br>Schedule B-1: App Store Terms<br>
                If 
                we have
                you download
                 a 
                Dispute with you, we will send a Notice of Dispute to the contact information we have
                Game from the App Store, then notwithstanding anything
                 in 
                our files
                this EULA to the contrary, you acknowledge and agree that:<br> We, and not the App Store, are solely responsible
                 for 
                you. A Notice of Dispute must (i) describe the nature and basis of the Dispute; and (ii) set forth the specific amount of damages or other relief sought. A Notice of Dispute will not be valid and will not allow you or us later to initiate arbitration or court proceeding, unless it contains all of the information required by this paragraph.<br>You and we agree that informal efforts to resolve disputes often can result in a prompt and efficient resolution. We therefore agree that, after a Notice of Dispute is sent but before either of us commence arbitration, we will personally meet, via telephone or videoconference, in a good-faith effort to resolve informally
                the Game.<br> The App Store has no obligation to provide
                 any 
                Dispute. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference. Likewise, if we are represented by counsel, our counsel may participate in the conference, but we will have a company representative fully participate in the conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.<br>We each agree that either of us may not commence any arbitration or court proceeding unless you and we are unable to resolve the Dispute within sixty (60) days after one party receives the other party’s completed Notice of Dispute and the party sending the Notice of Dispute has made a good faith effort to resolve its claim directly with the other party during that time.<br>The AAA’s Consumer Arbitration Rules, including Rules on costs, will apply, unless modified by this EULA. Arbitration will be near where you live.<br><br>(d) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted under AAA’s Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this EULA. The AAA Rules are available at <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2Fwww.adr.org" target="_blank" rel=" noopener">www.adr.org</a> 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 <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2Fwww.adr.org" target="_blank" rel=" noopener">www.adr.org</a>. Your Demand for Arbitration must include your game id, which is necessary for proving the existence of an agreement to arbitrate between us. You must provide your game id in your Demand for Arbitration as a condition of commencing an arbitration. Your failure to do so shall be a basis for dismissal of your claim, including by a process arbitrator who is appointed in a mass arbitration, as defined in AAA Mass Arbitration Supplemental Rules (available at <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=https%3A%2F%2Fwww.adr.org%2Fsites%2Fdefault%2Ffiles%2FMass_Arbitration_Supplementary_Rules.pdf%29" target="_blank" rel=" noopener">https://www.adr.org/sites/default/files/Mass_Arbitration_Supplementary_Rules.pdf)</a><br>You and we agree that the arbitrator shall have exclusive authority to decide all issues relating to the validity, interpretation, applicability, scope, and enforceability of this agreement to arbitrate, including the arbitrability of any Dispute.<br><br>Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location.<br><br>(e) Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, including any fee supplements the AAA issues. If we prevail in arbitration, we are entitled to seek an award of attorneys’ fees and expenses if the arbitrator finds your Dispute frivolous; we will pay all of our attorneys’ fees and costs and won’t seek to recover them from you in all other circumstances. If you prevail in arbitration, you will be entitled to seek an award of attorneys’ fees and expenses to the extent provided under applicable law.<br>You agree not to initiate or participate in a class action and only bring claims as an individual. Your dispute can’t be combined with other people’s claims.<br><br>(f) Class Action Waiver.  YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  Further, if the parties’ dispute is resolved through arbitration, unless you and we both agree, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.<br>Except for Section 22(b), the arbitration may only award injunctive relief for the party seeking injunctive relief, and to the extent necessary to provide that relief. Any public injunctive relief sought must be litigated in a civil court after determinations of liability are made by the arbitrator.<br><br>(g) Injunctive and Declaratory Relief. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that a party seeks public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in court and not in arbitration, after all issues of liability are decided by the arbitrator. You and we agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any issues of liability in arbitration.<br>The laws of the state of your domicile or where you access, use, or purchase the Services govern our Disputes, except that the Federal Arbitration Act governs everything related to arbitration. You and we agree to the exclusive jurisdiction and venue of federal or state court in the Northern District of California for all disputes heard in court (excluding arbitration).<br><br>(h) Governing Law. If you live in the United States, any Dispute between us will be governed by the laws of the state of your domicile, without regard to its conflict of laws provisions, except that the Federal Arbitration Act governs everything related to arbitration. If you do not live in the United States, but you access, use, or purchase the Services in the United States, any Dispute between us will be governed by the laws of the U.S. state where you access, use, or purchase the Services, without regard to its conflict of laws provisions, except that the Federal Arbitration Act governs everything related to arbitration.<br><br>(i) Forum and Venue. Except as otherwise expressly set forth in this Section 22:<br>(i) If U.S. federal jurisdiction exists, you and we consent to exclusive jurisdiction and venue in the federal court in the Northern District of California for all disputes heard in court (excluding arbitration); and<br>(ii) If U.S. federal jurisdiction does not exist, you and we consent to exclusive jurisdiction and venue in the state court in the Northern District of California for all disputes heard in court (excluding arbitration).<br>If a part of this Section is unenforceable, the rest still applies. This Section survives termination.<br><br>(j) Severability.  Except for paragraph (f) of this Section 22, if an arbitrator or court decides that any part of this Section 22 is invalid or unenforceable, the other parts will still apply. If an arbitrator or court decides that paragraph (f) Class Action Waiver is invalid or unenforceable, then this entire Section 22 shall be void and unenforceable, except for paragraph (h) Governing Law, paragraph (i) Forum and Venue, and paragraph (k) Survival.<br><br>(k) Survival.  Section 22 survives termination of this EULA.<br><br>Schedule A-3: Addendum for Residents of South Korea<br><br>For the purposes of this Schedule A-3: The EULA is a legal agreement between you and Sixjoy Hong Kong Limited, a company registered in Hong Kong with registered office at 29/F Three Pacific Place No.1 Queen's Road East Wanchai, Hong Kong, company registration number 58011219-000-02-23-3 if you are a resident of or located in South Korea.<br><br>Amendment Regarding Responsibility of a Legal Representative of a Minor: Notwithstanding Section 5(a) of this EULA, the legal representative of a minor hereby acknowledges and agrees that he/she is responsible for the 
                Game 
                Account created by the minor or the details of use of the Game Account by a user with respect to whom the legal representative gave consent when such user uses the Service.<br><br>Amendments and changes of fees, billing methods and terms applicable to Game Currency, Virtual Goods or to any purchases: Notwithstanding Section 9(a) of this EULA, we may modify, amend or supplement our fees, billing methods and terms applicable to Game Currency, Virtual Goods, or any purchases, and give a public notice of those changes to users by posting them within the Game Service or on the connection screen. When we notify you or publicly post those changes, we will also notify you or otherwise disclose that if a user does not express his/her consent or refusal, he/she will be deemed to have consented to those changes, and in case you fail to expresses your refusal by the date on which such changes take effect, we will consider you having consented to such changes. If any change is unacceptable to you, you may refuse such change and terminate the use of your Game Account.<br><br>Changes to Game Currency and Virtual Goods: The terms stipulating the changes made without notice to users and the users’ waiver of any and all legal claims under Section 9(c) of this EULA will not apply to you. Unless otherwise prohibited under applicable laws, we may modify, substitute, replace, suspend, cancel, or eliminate any Game Currency or Virtual Goods, including your ability to access or use Game Currency or Virtual Goods, in which case we will notify you of such changes within the Service in advance. Notwithstanding the foregoing, if it is unavoidably necessary to make any changes, such as correction of bugs/errors and urgent updates, or if the changes are not material, we may give a public notice of those changes afterward.<br><br>Limitation of Liability: Section 19 of this EULA is amended as follows:<br><br>Each of the Company and the user (the “Indemnifying Party”) shall indemnify the other party from all losses that arise out of any breach by the Indemnifying Party of this EULA; provided, however, that the foregoing shall not apply if such breach is not attributable to the Indemnifying Party’s intentional or negligent behavior.<br><br>Notwithstanding the foregoing, we shall not be held liable in any of the following cases:<br><br>(a) We shall not be liable for providing the Service, in case where the Service cannot be provided due to natural disaster or any equivalent force majeure event.<br><br>(b) We shall not be liable for any losses that arise out of the maintenance, replacement, regular inspection, or construction of facilities for the Service or any other reasons equivalent thereto, unless such losses are attributable to our intentional or negligent behavior.<br><br>(c) We shall not be liable for any disruption in using the Service which is attributable to the user’s intentional or negligent behavior, unless the user has unavoidable or justifiable reasons.<br><br>(d) We shall not be liable for the reliability or accuracy of information or materials uploaded or posted by users in connection with the Service, unless we act intentionally or grossly negligently.<br><br>(e) We do not have any obligation to intervene in any transaction or dispute which takes place between you and another user or a third party in connection with the Service, and shall not be liable for any losses arising therefrom.<br><br>(f) We shall not be liable for any losses incurred by users which arise in connection with use of any free Service, unless such losses are attributable to our intentional or grossly negligent behavior.<br><br>(g) We shall not be liable for your failure to obtain expected profits or your loss of profits by using the Service.<br><br>(h) We shall not be liable for your losses of experience points, level, items, or Game Currency within the Game, unless such losses are attributable to our intentional or negligent behavior.<br><br>(i) We shall not be liable for your payments by a third party which arise due to your failure to manage the password of your mobile device or the password provided by your online marketplace operators, unless any losses are attributable to our intentional or negligent behavior.<br><br>(j) We shall not be liable for your inability to use whole or part of the Services due to any change of your mobile device or its number or OS version, overseas roaming, change of mobile carrier, etc., unless such inability is attributable to our intentional or negligent behavior.<br><br>(k) We shall not be liable for your deletion of any Content or Account information we have provided, unless such deletion is attributable to our intentional or negligent behavior.<br><br>(l) We shall not be liable for any losses incurred by a guest member which arise out of his/her use of the Service, unless such losses are attributable to our intentional or negligent behavior.<br><br>Termination: Section 21 of this EULA is amended as follows:<br><br>We may suspend whole or part of Services in the event that (a) it is necessary for operation of the system, including regular inspection on the system, increase or replacement of servers, network unstability, etc.; (b) it is impossible to normally provide the Services due to power failure, breakdown of a Service facility, traffic overload, repair or inspection of facilities by telecommunications service provider, etc.; or (c) war, incident, natural disaster or national emergency equivalent thereto or any other event beyond our control occurs. In such case, we will provide the prior notification of the reasons for and duration of such suspension on the beginning screen of the Game or the notice section of the Services; provided, however, that if we cannot provide the prior notification for a justifiable reason, we may notify you afterward.<br><br>As an elaboration of what is permitted by law as mentioned in Section 10 of this EULA, users who are residents of Korea have the following legal rights when purchasing Virtual Goods or Game Currency:<br><br>Unless otherwise provided in this EULA or other terms and conditions of transaction, end-users may cancel their purchase within 7 days from the date on which the end-user is notified of the purchase of virtual items/currency. However, the purchase cannot be canceled if the user has used or partially consumed virtual goods or game currency, or in other cases stipulated by applicable laws of Korea. However, notwithstanding the above, if the contents of the virtual goods or game currency are different from the display/advertisement contents provided by us, or if the contents are performed differently from the contract contents, the user may cancel within three months from the date of receiving the virtual good or game currency, or within 30 days from the date he/she knew or could have known such fact.<br><br>When a refund is received for purchase cancellation, refunds will be processed by the App Store operator where you made relevant purchase according to their refund operation policy and procedure.<br><br>If a user who is a minor under the laws of Korea concludes a purchase contract for virtual goods or game currency, the Company informs the minor that his/her guardian or the minor himself/herself may cancel the contract, if his/her guardian does not agree in regard to the contract. We may request the submission of documents proving that you are a minor or a legal representative. However, if a minor purchases virtual goods or game currency with the property permitted for disposition by their legal representative, if a minor has deceived us into believing that he is an adult, or if the minor has the consent of his legal representative, the contract cannot be cancelled.<br><br>Effect of withdrawal of subscription: If you cancel your purchase, we will retrieve or delete the canceled Virtual Goods or Game Currency. Please note that we may only retrieve or cancel such Virtual Goods or Game Currency after platform operator has notified us about the refund.<br>Local representative: Pursuant to the Game Industry Promotion Act of Korea, we have designated a local representative in Korea as follows.<br><br>Bae, Kim & Lee LLC (Representative Attorney Soonik Kwon)<br>Phone number: +82-2-3404-0012<br>Email: [email protected]<br>Address: Centropolis B, 26, Ujeongguk-ro, Jongno-gu, Seoul, Republic of Korea (Zip code: 03161)<br><br>Schedule A-4: Addendum for Residents of Japan<br><br>Age: The age of majority as referred to in Section 5(a) in this EULA means, prior to April 1, 2022, those who are 20 years of age or more, and, on and after said date, those who are 18 years of age or more. If you are a minor, you must have your parent or other legal guardian read and accept this EULA before creating a Game Account.<br><br>Moral Rights: Any reference to the waiver of moral rights under this EULA is not applicable to you. You agree not to exercise any of your moral rights to the User Content, including the right to be indicated as the author of the User Content, against us or any third party designated by us.<br><br>EULA Modifications: Notwithstanding the provisions of Section 17 of this EULA, we may modify this EULA in accordance with the applicable law. In the case of any modification to this EULA, the effective date of the modification and the contents of this EULA after the modification will be posted on our website or otherwise notified to you by a method separately determined by us. If you use the Services after the effective date of the modification of this EULA, you shall be deemed to have agreed to the revised EULA.<br><br>Limitation of Liability: Any reference to the limitation on our liability to you under this EULA (including Section 19) does not apply to damage incurred by you as a result of our intentional acts or gross negligence.<br><br> <br><br>Schedule A-5: Addendum for Residents of Morocco<br><br>In this EULA, “we” refer to a company registered in Hong Kong with registered office at 29/F Three Pacific Place No.1 Queen's Road East Wanchai, Hong Kong , company registration number 58011219-000-02-23-3 .<br><br>Amendments and changes of fees, billing methods and terms applicable to Game Currency, Virtual Goods or to any purchases: Notwithstanding provisions of section 9, changes to our fees, billing methods and terms applicable to Game Currency, Virtual Goods or to any purchases, shall be effective immediately upon notification duly received by you, and shall be incorporated by reference into this EULA. If any change is unacceptable to you, you may decline these changes and terminate the use of your Game Account at any time.<br><br>Changes to Game Currency and Virtual Goods. Waiver of notice provided for under section 9(c) does not apply to you. Except as otherwise prohibited by applicable law, and subject to reasonable notice, we, in our sole discretion, may modify, substitute, replace, suspend, cancel, or eliminate any Game Currency or Virtual Goods, including your ability to access or use Game Currency or Virtual Goods.<br><br>Right of legal recourse: Any reference to a waiver of any legal recourse relating to purchased Game Currency, Virtual Goods, or to any purchase under sections 1 and 9(c) is not applicable to you.<br><br>Moral Rights: Any reference to the waiver of moral rights under this EULA is not applicable to you. You do, however, allow us to use any User Content anonymously without indicating your name, if applicable, and to edit, amend, cut, annotate, illustrate, provide any other comments to User Content as we deem reasonable and appropriate.<br><br>Refunds: Notwithstanding provisions of section 10 of this EULA, we may not revoke your license to purchased Virtual Goods, and/or Game Currency, and/or any other purchase without reasonable notice nor your serious misconduct. You may also exercise your right of withdrawal within seven (7) days of your acceptance of the license or, where applicable, of each purchase.<br><br>Also, in the event that we are unable to honor any of your purchases within seven (7) days, your withdrawal right period is extended to eight (8) more days following the expiry of your initial seven (7) withdrawal period as provided under Moroccan law 31-08 on consumer protection.<br><br>Service and EULA Modification: Notwithstanding provisions of section 17 of the EULA, you will be prompted to accept or decline any Service and EULA Modification. If any change is unacceptable to you, you may decline these changes and terminate the use of your Game Account at any time.<br><br>Warranty Disclaimers: Provisions of section 18 apply to purchased Virtual Goods and/or purchased Game Currency, provided that such purchases fulfill and comply with their announced characteristics and description thereof at the time of purchase.<br><br>Indemnity: Your obligation to indemnify us is limited to actual damage suffered by us directly caused by your act, fault, or gross negligence.<br><br>Dispute Resolution and Governing Law: Any dispute, controversy, difference, or claim arising out of or relating to this EULA, a Game, or the Services, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to this EULA, a Game, or the Services (collectively, “Disputes”) will be resolved in accordance with the laws of Morocco.<br><br>In the event of a Dispute, the competent court shall be the court having jurisdiction over your place of residence.<br><br>Language: This EULA is provided to you with an Arabic translation.<br><br> <br><br>Schedule A-6: Addendum for Residents of Tunisia<br><br>Moral Rights: Any reference to the waiver of moral rights under this EULA is not applicable to you. You do, however, allow us to use any User Content anonymously without indicating your name, if applicable, and to edit, amend, cut, annotate, illustrate, provide any other comments to User Content as we deem reasonable and appropriate.<br><br>Refunds: Notwithstanding provisions of section 10 of this EULA, we may not revoke your license to purchased Virtual Goods, and/or Game Currency, and/or any other purchase without reasonable notice nor your serious misconduct. You may also exercise your right of withdrawal within ten (10) days of your acceptance of the license or, where applicable, of each purchase.<br><br>Warranty Disclaimers: Provisions of section 18 apply to purchased Virtual Goods and/or purchased Game Currency, provided that such purchases fulfill and comply with their announced characteristics and description thereof at the time of purchase.<br><br><br><br>Schedule A-7: Addendum for residents of Australia<br><br>For the purposes of this Schedule A-8: The term "Services" means collectively, and sometimes individually, the following: (a) each of our Games, and (b) any websites, software or other services we provide with or in support of the Game, whether or not they are installed or used on a computer, console, or a mobile device (i.e. it is as otherwise defined in the EULA). If we use the term "services" without capitalization, it means any benefits, privileges, or facilities we provide to you under this EULA. The term "Australian Consumer Law" refers to Schedule 2 of the Competition and Consumer Act (2010).<br><br>Moral Rights: Any reference to the waiver of moral rights under this EULA is not applicable to you. You do, however, allow us to use any User Content anonymously without indicating your name, if applicable, and to edit, amend, cut, annotate, illustrate, provide any other comments to User Content as we deem reasonable and appropriate.<br><br>License – Retail Purchase: Notwithstanding provisions of section 6 of this EULA, our codes or keys come with guarantees that cannot be excluded under the Australian Consumer Law. Pursuant to the Australian Consumer Law, if we are deemed the manufacturer of the code or key you can elect to seek a remedy from us rather than a third party who you purchased your code or key from. Other than any obligations we have under the Australian Consumer Law, we will have no responsibility for these codes or keys purchased from any third party or if any purchase occurred in breach with any applicable foreign exchange control regulations.<br><br>Changes to Game Currency and Virtual Goods: Notwithstanding provisions of section 9 of this EULA, our Services and Games come with guarantees under the Australian Consumer Law, which are not excluded.<br><br>Refunds: Notwithstanding provisions of section 10 of this EULA, the provision of refunds is subject to applicable law, including, but not limited to, the extent required under the Australian Consumer Law. All Games, Virtual Goods and Game Currency are not redeemable, refundable, or eligible for any other alternate remedy for any “real world” money or anything of monetary value, unless we have obligations to provide you with a remedy under the Australian Consumer Law, or otherwise if they are defective, unavailable, or do not perform in accordance with the specifications we provide.<br><br>Beta Testing: Notwithstanding provisions of section 11 of this EULA, unless you are otherwise entitled to a remedy pursuant to the Australian Consumer Law, termination of a Beta by us and your participation in a Beta does not entitle you to any compensation or any free Services, including any Content and Game Currency.<br><br>Accessing a Game from an App Store. Notwithstanding provisions of section 12 of this EULA, where a Game is made available to you via an App Store, the provisions of this EULA are subject to any obligations we may have under the Australian Consumer Law which cannot be excluded.<br><br>Warranty Disclaimers: Notwithstanding provisions of section 18 of this EULA, for the Services you acquired directly from us, our Services come with guarantees that cannot be excluded under the Australian Consumer Law. In addition, even if you acquired our Services from a third party, you may be entitled to a remedy from us if we are the manufacturer of the Services, as provided for under the Australian Consumer Law. Third-party branded products purchased from us may also come with guarantees that cannot be excluded under the Australian Consumer Law.<br><br>The Warranty Disclaimers in Section 18 of the EULA only apply to the extent permitted by law, including to the extent permitted under the Australian Consumer Law.<br><br>Limitation of Liability: Notwithstanding provisions of section 19 of this EULA, any limitation of liability is only expressed to the extent permitted under applicable law, including the Australian Consumer Law, which provides guarantees and remedies which cannot be excluded. The remedy you are entitled to under the Australian Consumer Law from us in the event of a failure to comply with the consumer guarantees will depend on whether we are the supplier and/or the manufacturer of the Services you acquire, and whether the failure is a major or minor failure.<br><br>For example, if we are the supplier of the Services to you, for major failures with a service, you are entitled to cancel your service contract with us, and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.<br><br>Termination: Notwithstanding provisions of section 21 of this EULA, in certain circumstances, you may be entitled to a remedy under to the Australian Consumer Law.<br><br>Dispute Resolution and Governing Law. Notwithstanding provisions of section 22 of this EULA, the governing law is set only to the extent permitted by law, and does not prevent action in a Court where a statutory right which cannot be excluded arises.<br><br><br><br><br>Schedule A-8: Addendum for Residents in Mexico<br><br>We are a company registered in Hong Kong with address at 29/F Three Pacific Place No.1 Queen's Road East Wanchai, Hong Kong , company registration number 58011219-000-02-23-3 . This addendum will only apply if you reside in Mexico and the laws of Mexico are applicable to you.<br><br>Limitations: To the extent that the EULA would conflict with the Federal Consumer Protection Law, we agree to abide by the provisions of such law and not the provisions of the EULA, while the remaining provisions of the EULA shall apply mutatis mutandi. We may modify or terminate our obligations to the extent permitted by the Federal Consumer Protection Law; particularly for the situations out of our control as set forth in Section 9(c). We can also suspend or terminate our Service to you if we reasonably decide that you have breached the EULA or this addendum or if we determine that you are behaving improperly towards other users or our employees, agents, or contractors, or as may be required under the applicable law, or for technical reasons such as maintenance, updates and other technical or financial reasons in accordance with the nature of the Game.<br><br>Refund: The provisions of the EULA regarding refunds in section 10 of the EULA will not apply to the extent that they conflict with our obligations under the Federal Consumer Protection Law of Mexico. All remaining provisions of the EULA will remain in force mutatis mutandi.<br><br>License and Use of the Services: To the extent permitted by the laws of Mexico, a license granted under section 6 with respect to the User Content also includes a license to use your personal image to the extent it is visible on the User Content. Should you wish to exercise your rights under article 87 of the Federal Copyright Law to revoke authorization to use your image, you may do so by sending an email to the Support Email Address detailing the content in which your image is shown. You hereby acknowledge that you authorize a grace period of thirty natural days upon receipt of your request to delete the content or edit it as to remove your personal image from it.<br><br>In case you wish to exercise the Moral Rights over the User Contents prescribed by article 21 of the Federal Copyright Law, you agree to send an email to the Support Email, detailing the right you wish to exercise, and the User Content involved. You further agree to cover any and all expenses, damages and lost profits that may be generated by the compliance with such request both to us and to third parties in advance. You further provide us with a term no less than six calendar months to comply with your request, upon your payment of the respective expenses, damages, and lost profits.<br><br>Minimum Requirements. You acknowledge and agree that we assume no liability in the event that your device is incompatible with the minimum requirements, or if its configuration does not allow you to play the Game with the desired quality. We assume no responsibility for any modifications that you may make to your device, its configuration, or any third-party software you install on it.<br><br>Seizure warning. The provisions of 6(f) apply mutatis mutandi to any other physical, neurological, psychological, emotional, or psychiatric issue, condition, or problem you may have, and which may be affected or altered by the use of a Game. It is your responsibility to contact your healthcare provider to determine if any actual or potential problem in your physical, mental, or emotional health could be affected by the use of a Game.<br><br>Player Conduct: You further agree for the purposes of section number 7 of the EULA that when reporting abuse, we are not required to take action and that we may differ from you on the appreciation of the relevant facts. You agree that when reporting abuse, you will do so truthfully, and that falsely reporting abuse might be a cause for us to deny your access to the Services.<br><br>Dispute Resolution and Governing Law. To the extent that section 22 of the EULA is found to be incompatible with article 92 of the Federal Consumer Protection Law by the Federal Consumer Protection Agency or local or federal judge in Mexico, the parties agree to be bound by the Federal Courts of Mexico City and, to the extent permitted by the Federal Consumer Protection Law, that the provisions of the Commerce Code will be applicable for interpreting the EULA and this addendum, followed by those of the Federal Civil Code, if necessary.<br><br>Schedule A-9: Addendum for Residents in Canada<br><br>If you are a consumer who is a resident of Canada, the following provisions apply.<br><br>Ownership of the Services. If you Cheat, you agree that we may exercise any or all of our rights under this EULA, including termination of this EULA and your access to our Services.<br><br>Purchasing or Obtaining Virtual Goods and Game Currency. Waiver of notice provided for under section 9(a) does not apply to you, to the extent prohibited by applicable law. Modifications, amendments, supplements, or terms are effective subject to notice as provided by applicable law and are hereby incorporated by reference into this EULA. If any change is unacceptable to you, you may terminate the use of your Game Account at any time.<br><br>Changes to Game Currency and Virtual Goods. Waiver of notice provided for under section 9(c) does not apply to you, to the extent prohibited by applicable law. Subject to notice to the extent provided by applicable law, we, in our sole discretion, may modify, substitute, replace, suspend, cancel, or eliminate any Game Currency or Virtual Goods, including your ability to access or use Game Currency or Virtual Goods.<br><br>Service and EULA Modifications. Waiver of notice provided for under section 17 does not apply to you, to the extent prohibited by applicable law.<br><br>Warranty Disclaimers. Waiver of legal warranties do not apply to you, to the extent prohibited by applicable law.<br><br>Limitation of Liability. The limitation or exclusion of our liability for the consequences of our own acts will not apply to you, to the extent prohibited by applicable law.<br><br>Termination. Payments and fees may be refundable solely to the extent provided by applicable law.<br><br>Governing Law: Notwithstanding Section 22(a), any Dispute will be resolved in accordance with the laws of the province or territory in which you reside and the federal laws of Canada applicable therein, without reference to any choice of law rules, and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods.<br><br>Dispute Resolution. Notwithstanding Section 22, either you or we may elect to have the Dispute finally and exclusively resolved by binding arbitration, in your province or territory of residence, in accordance with the applicable arbitration legislation. This section is set only to the extent permitted by law, and does not prevent action in courts of competent jurisdiction of the province or territory of your principal residence where such a right cannot be excluded under applicable law.<br><br>Language. Section 24(b) does not apply to you, to the extent prohibited by applicable law.<br><br> <br><br>Schedule B-1: App Store Terms<br><br>If you download a Game from the App Store, then notwithstanding anything in this EULA to the contrary, you acknowledge and agree that:<br><br>	We, and not the App Store, are solely responsible for the Game.<br>	The App Store has no obligation to provide any Game 
                maintenance or support.<br>
                
                 
                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.<br>
                
                 
                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.<br>
                
                 
                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.<br>
                
                 
                The App Store, and its subsidiaries, are third-party beneficiaries of this EULA and upon your acceptance of this EULA, the App Store will have the right to enforce this EULA against you as a third-party beneficiary thereof.<br>
                
                 
                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.<br>
                
                 
                You must also comply with all applicable third-party terms of service or similar agreement when using the Game.<br> <br>
                <br>
                Schedule C-1: Streaming Policy<br>
                <br>
                Introduction.<br>
                <br>
                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
                expe-rience
                 with our Content with the public in your Videos.<br>
                <br>
                Your use of our Content in Videos must be limited to non-commercial purposes, except as expressly stated under this Streaming Policy:<br>
                <br>
                You may only use our Content in your Videos for non-commercial uses, except as we expressly state under this 
                Stream-ing 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 lev-erage our Content must contain commentary, gameplay, or sufficient originality to make it, in our sole discretion, educa-tional 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).<br>We do however permit you to receive payment based on the following two methods, provided you comply with the other portions of this 
                Streaming 
                Policy. As such,
                Policy:<br>     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”).<br>     Receiving donations via a donation link posted on your profile or in the Video description on a Platform.<br>How
                 you may 
                distribute your Video:<br>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.<br>What you may 
                not 
                license
                include in
                 your Video 
                which
                that
                 leverages our 
                Content:<br>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:<br>   Anything that could imply that the Video is produced by us or that we endorse you or your Video (unless you have an endorsement relationship with us as covered by a separate written or other agreement);<br>   Any information related to cheats, hacks, exploits, bugs, or third-party programs, including links 
                to any 
                company or anyone else
                of the forego-ing; nor<br>   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.<br>   Any behavior or conduct that violates public morals and ethics.<br>Ratings – keep your Videos appropriate as follows:<br>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”).<br>Disclosure – you must identify us as the copyright holder of our Content and disclaim our endorsement:<br>In any Video that leverages our Content that you provide, you must include 
                a 
                fee or
                prominent disclaimer (either at the begin-ning of the Video or, if live-streaming, near the Video in a visible font) as follows:<br>   Portions of the content provided here, including trademarks and copyrights and any
                 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,
                intellectual property rights, are owned or held by Sixjoy Hong Kong Limited or its licensor(s) (“Sixjoy Hong Kong Limited”) and all rights
                 in 
                our sole discretion, educational or promotional. Examples of Videos that would NOT qualify under this policy
                and to the same
                 are 
                clips of cut-scenes from games or recordings of a particular game’s soundtrack (without any commentary discussing the cut-scene or soundtrack).<br><br>We do however permit you to receive payment based on the following two methods, provided you comply with the other portions of this Streaming Policy:<br><br>	Monetization of your Video that leverages our Content through advertisements served
                reserved
                 by 
                the platform which hosts your Video such as YouTube or Twitch (a “Platform”).<br>	Receiving donations via a donation link posted on your profile or in the Video description on a Platform.<br><br>How you may distribute your Video:<br><br>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.<br><br>What you may
                Sixjoy Hong Kong Limited. This content is
                 not 
                include in your Video that leverages our Content:<br><br>You may
                official Sixjoy Hong Kong Limited content and is
                 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:<br><br>	Anything that could imply that the Video is produced
                endorsed or approved
                 by 
                us or that we endorse you or your Video (unless you have an endorsement relationship with us as covered by a separate written or other agreement);<br>	Any information related to cheats, hacks, exploits, bugs, or third-party programs, including links to any of the foregoing; nor<br>	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.<br>	Any behavior or conduct that violates public morals and ethics.<br><br>Ratings – keep your Videos appropriate as follows:<br><br>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”).<br><br>Disclosure – you must identify us as the copyright holder of our Content and disclaim our endorsement:<br><br>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:<br><br> 	Portions of the content provided here, including trademarks and copyrights and any other intellectual property rights, are owned or held by 
                Sixjoy Hong Kong 
                Limited or its licensor(s) (“Sixjoy Hong Kong Limited”) and all rights in and to the same are reserved by Sixjoy Hong Kong 
                Limited.
                 This content is not official Sixjoy Hong Kong Limited content and is not endorsed or approved by Sixjoy Hong Kong Limited.
                <br>Some additional important information:
                <br>
                <br>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.
    
            
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End User License Agreement Last Updated: 2025-10-232026-03-17 TABLE OF CONTENTS 1.A few important notices—arbitration, refunds and damages 2.What is this document? When can I play? 3.Defined Terms 4.Additional Terms 5.Eligibility and Registration 6.License and Use of the Services 7.Player Conduct 8.Ownership of the Services 9.Virtual Goods and Game Currency 10.Refunds 11.Beta Testing 12.App Store; Console Games 13.Feedback 14.DMCA / Copyright Policy 15.Third-Party Websites and Resources 16.Data Charges and Mobile Devices 17.Service and EULA Modifications 18.Warranty Disclaimers 19.Limitation of Liability 20.Indemnity 21.Termination 22.Dispute Resolution and Governing Law 23.No Assignment 24.Miscellaneous 25.Contact Information 1. A few important notices—arbitration, refunds and damages PLEASE REVIEW CAREFULLY SECTION 22 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. THIS EULA ALSO INCLUDES A LIMITATION ON DAMAGES THAT YOU CAN COLLECT FROM US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES. BY USING THE SERVICES, YOU AGREE TO THESE PROVISIONS. IMPORTANT NOTICE REGARDING ARBITRATION FOR PLAYERS IN THE UNITED STATES: PLEASE REVIEW CAREFULLY THE CORRESPONDING SCHEDULE (ADDENDUM FOR RESIDENTS IN THE UNITED STATES), UNDER WHICH YOU ARE AGREEING TO RESOLVE ANY DISPUTE BETWEEN YOU AND US (WITH LIMITED EXCEPTIONS) THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT AND TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EX-PLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF THIS ARBITRATION AGREEMENT IN THE CORRESPONDING SCHEDULE. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT INSTALL, COPY, OR USE OUR SER-VICES. 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. If you are a resident of the European Union, UK, or Brazil, then please also see schedule A-1 for further terms. If you are a resident of the United States, then please also see schedule A-2 for further terms. If you are a resident of South Korea, then please also see schedule A-3 for further terms. If you are a resident of Japan, then please also see schedule A-4 for further terms. If you are a resident of Russia, then please also see schedule A-5 for further terms. If you are a resident of Morocco, then please also see schedule A-6 for further terms. If you are a resident of Tunisia, then please also see schedule A-7 for further terms. If you are a resident of Australia, then please also see schedule A-8 for further terms. If you are a resident of Mexico, then please also see schedule A-9 for further terms. If you are a resident of Canada, then please also see schedule A-10 for further terms. 2. What is this document? When can I play? 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 Sixjoy Hong Kong Limited(“we”, “us”, “our”, as appropriate) regarding the Services you use from us. The “Services” mean collectively, and sometimes individually, the following: (a) each of our Games, and (b) any websites, software or other services we provide with or in support of the Game, whether or not they are installed or used on a computer, console, or a mobile device. “Game” means our game that you download and access that is subject to this EULA, regardless of where you download and/or access it, and any documentation, software, updates, Virtual Goods and Content (each de-fined 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 [email protected] (our “Support Email Address”). You’ll notice that we added some text in italics throughout the EULA to make it easier to read; however, this text is provided for guidance only, and does not form part of the EULA.
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1. A few important notices—arbitration, refunds and damages 2. What is this document? When can I play? 3. Defined Terms 4.You’ll Additionalnotice Terms 5.some Eligibilitycapitalized terms in this EULA. They’re called “defined terms,” and Registration 6.we Licenseuse them so we don’t have to repeat the same language again and Useagain, and to make sure that the use of thethese Services 7.terms Playeris Conduct 8.consistent Ownership ofthroughout the Services 9.EU-LA. VirtualWe’ve Goodsincluded andthe Gamedefined Currency 10.terms Refunds 11.throughout Betabecause Testing 12.we Appwant Store;it Consoleto Games 13.be Feedback 14.easy DMCA/Copyrightfor Policy 15.you Third-Partyto Websitesread andthem Resources 16.in Data Charges and Mobile Devices 17. Service and EULA Modifications 18. Warranty Disclaimers 19. Limitation of Liability 20. Indemnity 21. Termination 22. Dispute Resolution and Governing Law 23. No Assignment 24. Miscellaneous 25. Contact Informationcontext.
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4. Additional Terms Some Services may be available (or only available) through accessing (or downloading from) a third-party platform or store, including but not limited to, Facebook, the Epic Games Store, Steam game platform, the Google Play Store and Apple App Store (each, an “App Store”). Your use of the Services is also governed by any applicable agreements you have with any App Store (the “App Store Agreement(s)”). In the event of a conflict between any other App Store Agree-ment(s) from which you acquire one of our Games and this EULA with respect to your use of the Services, this EULA will take priority. The collection of information from you and related to the Services (whether obtained through an App Store or not) is governed by our Privacy Policy at https://roadtoempress.com/policy/privacy.html. Our Privacy Policy explains how we collect, use, and disclose information that we collect from and about you.
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1. A5. fewEligibility and Registration The Services we offer have certain age restrictions. Others may require an outside account. When you give us infor-mation, you need to make sure it stays up to date. Also, don’t share your account with others without our permission. (a) Age. To create a Game Account (as defined below) and access some of our Services, you must be at least the mini-mum 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 docu-mentation 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. (b) Account 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 ad-dress. 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 accounts is pro-vided in the Privacy Policy at https://roadtoempress.com/policy/privacy.html. Please note that you may also be 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. (c) Keep Your Information Current. It’s important notices—arbitration,that refundsyou provide us with accurate, complete, and damagesup-to-date infor-mation for your Game Account, and you agree to update such information to keep it that way. If you don’t, we may sus-pend or terminate your Game Account. You agree that you will not disclose your Game Account password to any-one, 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. PLEASE(d) REVIEWNo CAREFULLYAccount SECTIONSharing. 22You “DISPUTEmay RESOLUTION”not BELOWsell, FORresell, DETAILSrent, REGARDINGlease, ARBITRATION.share IMPORTANTor NOTICEprovide REGARDINGaccess ARBITRATIONto FORyour PLAYERSGame INAccount THEto UNITEDanyone STATES:else. WHENWe YOUreserve AGREEall TOavailable THISlegal EULArights YOUand AREremedies AGREEINGto (WITHprevent LIMITEDunauthorized EXCEPTION)use TOof RESOLVEour ANYServices, DISPUTEincluding, BETWEENbut YOUnot ANDlimited USto, THROUGHtechnological BINDING,barriers, INDIVIDUALIP ARBITRATIONmapping, RATHERand, THANin INserious COURT.cases, THISdirectly EULAcontacting ALSOyour INCLUDESInternet AService LIMITATIONProvider ON(ISP) DAMAGESregarding THATsuch YOUunauthorized CANuse. (e) COLLECTNo FROMFalse USAccounts. THATYou MAYmay ARISEnot OUTcreate OFa YOURGame USEAccount OFfor THEanyone SERVICES.else BYor USINGcreate THEa SERVICES,Game YOUAccount AGREEin TOa THESEname PROVISIONS.other than your own.
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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.6. 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. (a) License Grant. So long as you comply with this EULA and, as applicable, the App Store Agreement(s), we grant you the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to (i) download and install the Game on the device permitted by the App Store Agreement(s) (if applicable), and (ii) access and use the Services, including any Content, for your personal entertainment purposes leveraging only the functionality of the Game and Services. We and our licensors reserve all rights not granted to you in this EULA. “Content” means all artwork, titles, themes, objects, characters, names, dialogue, catch phrases, stories, animation, concepts, sounds, au-dio-visual effects, methods of operation, musical compositions, Virtual Goods (defined in Section 9) and any other con-tent within the Services. Content also includes anything generated, created, or that is otherwise developed within the Services by any user (including you) as a result of interaction with the functionality of the Services. We also grant you a limited license to make gameplay videos for certain Games specified on the Services, provided that you agree that all such gameplay video activity is subject to your agreement to and pursuant to our Streaming Policy in Schedule C-1. We may, in our sole discretion, remove, edit, or disable any Content for any reason. (b) Content You Create Outside the Services. “User Content” means any Content that you (or other Game Account hold-ers) 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. (c) 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. (d) 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. (e) Minimum 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 be-fore playing the Game. (f) 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 aware-ness, disorientation, any involuntary movement, or convulsions while playing, please immediately discontinue playing the Game and consult your doctor. 7. Player Conduct We strive to make all of our players and users feel safe and welcome when using our Services and playing our games and we want everyone to play by the same rules. So, if you use our Services as intended, without cheating, being abusive, disruptive or disrespectful, or being unfair, you are probably in the clear, but please read all of the terms of this EULA carefully to be sure. You agree not to do any of the following with respect to the Services, as determined by us, as applicable: (a) use them commercially, for a promotional purpose, or for the benefit of any third party or in any manner not permitted by this EULA; (b) use, or provide, any unauthorized third-party programs that intercept, emulate, or redirect any communication be-tween the Services and us or that collect information about the Game; (c) 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 redi-rects, 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; (d) access or use them on more than one device at a time; (e) 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; (f) sell, rent, lease, license, distribute, or otherwise transfer the Services, Game or any Content, including, without limita-tion, Virtual Goods or Game Currency, including participating in or operating so called “secondary markets” for Virtual Goods, Game Currency or Content; (g) 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; (h) remove, disable, circumvent, or modify any technological measure we implement to protect them or any of their as-sociated intellectual property; (i) 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); (j) attempt to probe, scan or test its vulnerability or breach any security or authentication measures; (k) access, tamper with, or use non-public areas of the Services; (l) 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 liability; (m) 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, con-tractual 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 ob-jectionable, 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 threaten-ing or disrespectful to any person or entity; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities or substances; (n) engage in any behavior that: (i) violates, or encourages any conduct that would violate any applicable law or regula-tion or would give rise to civil liability; (ii) is fraudulent, false, misleading or deceptive, including “trolling;” (iii) is de-famatory, 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, bul-lying, or threatening or promotes violence, terrorism, or actions that are threatening or disrespectful to any person or en-tity; or (vi) promotes illegal or harmful activities or substances; (o) 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; (p) collect or store any information that could be used to identify an individual, either itself or combined with other in-formation, from the Services from other users of the Services without their express permission; (q) 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 mor-als or public policy; (r) 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; (s) use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical re-strictions on the Services or for any other purpose; (t) play on another person’s Game Account to “boost” that Game Account’s status, level or rank; (u) 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; (v) encourage, promote, take part in or enable anyone else to do any of the foregoing; or (w) violate any applicable law or regulation. 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 [email protected].
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If8. Ownership of the Services Our Services including our Content and Games are owned by us or our licensors. Our Services may let you upload, post and store photos and other content that you own. You retain your ownership of this content, to which we take a license. We and our affiliates and licensors own all title, ownership, and intellectual property rights in the Services. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services. You understand and agree that you have no ownership interest in the Services or any Games or Content therein. The Services (and particularly our Games) may have built-in mechanisms designed to prevent granting one user an un-fair 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 unau-thorized programs or processes in connection with Cheating, subject to our Privacy Policy and applicable law. In the event that we in our sole discretion conclude that you are aCheating, residentyou agree that we may exercise any or all of our rights under this EULA, including termination of this EULA and your access to our Services. In addition, if you Cheat in one Game or Service, we may terminate your license to use all of our Games and Services. Although we are not obligated to monitor access to or use of the European Union, UK,Services or Brazil,to thenreview pleaseor alsoedit seeany scheduleContent, A-1we have the right to do so for furtherthe terms. Ifpurpose youof areoperating 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 residentcrime 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 United States, then please also see schedule A-2 for further terms. If you are a resident of South Korea, then please also see schedule A-3 for further terms. If you are a resident of Japan, then please also see schedule A-4 for further terms. If you are a resident of Morocco, then please also see schedule A-5 for further terms. If you are a resident of Tunisia, then please also see schedule A-6 for further terms. If you are a resident of Australia, then please also see schedule A-7 for further terms. If you are a resident of Mexico, then please also see schedule A-8 for further terms. If you are a resident of Canada, then please also see schedule A-9 for further terms. Services.
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2. What9. isVirtual thisGoods document?and Game Currency 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. (a) Purchasing or Obtaining Virtual Goods and Game Currency. Subject to applicable foreign exchange control regula-tions 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 canyou Ipurchase play? ThisGame isCurrency, 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 betweenthat 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 meth-ods, 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. (b) 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 PRO-VIDED FOR INVESTMENT PURPOSES. Virtual Goods and Game Currency are licensed, not sold. Provided you com-ply 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 question 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 forin 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 Goods 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 Account. (c) Changes to Game Currency and Virtual Goods. Except as otherwise prohibited by applicable law, we, in our servicessole youdis-cretion, downloadmay modify, substitute, replace, suspend, cancel, or access,eliminate whetherany that’sGame 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,Game somethingdown thatfor supportseconomic or other reasons due to a limited number of users continuing to make use of the game,online orService somethingover else.time. YouYOU canAGREE onlyTHAT useYOU theseWON’T thingsASSERT onceOR youBRING agreeANY toCLAIM theseAGAINST terms.US, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS (THE “COMPA-NY 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 CUR-RENCY OR VIRTUAL GOODS LOST UPON (I) DELETION OR SUSPENSION OF YOUR ACCOUNT, (II) AD-JUSTMENTS TO THE GAME THAT RESULT IN THE VALUE OF VIRTUAL GOODS OR GAME CURRENCY CHANGING, OR (III) MODIFICATION, TERMINATION, OR EXPIRATION OF THIS EULA.
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You10. areRefunds Subject nowto readingapplicable ourlaw End User License Agreement (“EULA”) which is a legal agreement between you and Sixjoy Hong Kong Limited(“we”, “us”, “our”,(including as appropriate)described regarding the Services you use from us. The “Services” mean collectively, and sometimes individually, the following: (a)in each ofcountry-specific ouraddendum Games, and (b) any websites, softwarebelow), or otherApp servicesStore wepolicy, provide(i) withall 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,Games, Virtual Goods and ContentGame (eachCurrency definedremain below)our includedproperty, have no monetary value and are not redeemable, re-fundable, 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 it.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.
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We’ve11. triedBeta Testing From time to betime, straightforwardwe 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 thisSection EULA,6 above to extend to the Beta (meaning, for you to have per-mission to use the Beta), you acknowledge and ifagree to the following terms in addition to the rest of this EULA: (a) 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; (b) 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 havemust delete the local Beta instance on your computer and all documents and materials you received from us in connection with the Beta; (c) Use of a Beta is subject to confidential treatment of that Beta and all elements thereof. "Confidential Information" means any questionsinformation feeldisclosed freeby us to sendyou, or accessed or provided by you, in relation to the Beta (including any feedback provided and the Game itself). You agree that you will: (i) not use any Confidential Information other than as necessary to use the Beta in accordance with this EULA; (ii) maintain Confidential 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; (iii) not disclose the Confidential Information to any person or entity other than as permitted by us; and (iv) not make any public announcements related to Beta or the Service, including publishing or disclosing any in-formation (e.g. screenshots and specifications) relating to the Beta, without our prior written approval, which we may grant or withhold in our sole discretion. (d) Termination of a Beta by us ais notenot atgrounds [email protected]for (ourany “Supportkind Emailof Address”).refund You’lland noticeyour that we added some textparticipation in italicsa throughout the EULA to make it easier to read; however, this text is provided for guidance only, andBeta does not formentitle partyou to any compensation or any free Services, including any Content and Game Currency; and If and when we release a full (non-Beta) version of the particular Game, we may allow your use of the Game to continue to the full version. If so allowed by us, your continued use of the Game will no longer be subject to this Section 11, but will still be subject to the rest of this EULA.
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3. Defined12. TermsApp Store; Console Games You’llIf noticea someGame capitalizedis made available to you via an App Store, or if you play a Game on a console, then additional terms may ap-ply. 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 thisSchedule EULA.B-1 They’rewith called “defined terms,” and we use them so we don’t haverespect to repeatsuch 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.Game.
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4. Additional13. TermsFeedback SomeWe’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 may(“Feedback”). beYou availablecan (orsubmit onlyFeedback available)by throughemailing accessingus (orat downloading from) a third-party platform[email protected] or store, including but not limited to, Facebook,via the Epic Games Store, Steam game platform, the Google Play Store and Apple App Store (each, an “App Store”). Your usefunctionality of the Services (if available). If you provide us with any Feedback, you hereby grant us the following license: a non-exclusive, transferable, worldwide, per-petual, 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 de-scribed above, including, without limitation, intellectual property rights or rights of publicity or privacy. In posting such Feedback, you warrant that your feedback is alsoin governedcompliance bywith this EULA, and you will not use ob-scene or offensive language or submit any material that is, or may potentially be, defamatory, abusive or hateful, an in-vasion of anyone's privacy, harmful to other users, or in breach of 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.law.
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The14. collectionDMCA/Copyright Policy We respect copyright law and expect our users to do the same. It’s our policy to terminate in appropriate circumstances Game Accounts of informationusers fromwho yourepeatedly andinfringe relatedor are believed to be repeatedly infringing the Servicesrights (whetherof obtainedcopyright through an App Store or not) is governed by our Privacy Policy at https://roadtoempress.com/policy/privacy.html. Our Privacy Policy explains how we collect, use, and disclose information that we collect from and about you.hold-ers.
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5. Eligibility15. Third-Party Websites and RegistrationResources Outside links are for your convenience, but we can’t guarantee them. The Services we offer have certain age restrictions. Others may requirecontain an outside account. When you give us information, you needlinks to makethird-party surewebsites itor staysresources. upWe toprovide date.these Also,links don’tonly shareas a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links dis-played on such websites. You acknowledge sole responsibility for and assume all risk arising from your accountuse withof othersany withoutthird-party ourwebsites permission.or resources.
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(a)16. Age.Data ToCharges createand Mobile Devices This is a Gamereminder Accountthat (asyou’re definedresponsible below)for andany accessdata-related somecharges ofthat you may incur for using 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 guardiansServices. You are responsible for theall actsdata-related ofcharges theirthat childrenyou undermay 18incur years of age whenfor using our Services. WeServices, including, without limitation, mobile, text-messaging, and data charges. You should understand or ask your service provider what charges you may allowincur abefore minor underusing 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.Services.
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(b)17. AccountService Creation.and ToEULA accessModifications When partswe ofupdate athis Game,EULA, you may need to createagree anto in-gamethe accountupdated (yourversion “Gameto Account”).keep Yourusing Gameour Account,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 applicable,we do so, you will be prompted to agree to the updated EULA upon your next access to the Services or when the updat-ed EULA is separateotherwise fromcommunicated anyto accountyou. 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 mayto havecontinue withto anyuse Appthe StoreServices. (your “App Store Account”). YouWe may beupdate ablethe toServices createremotely yourwithout Gamenotifying Accountyou, using an existing accountand you havehereby 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 providesconsent to us applying such aspatches, updates, and upgrades. If your emaildevice addresscan andprevent nameautomatic to help create your Game Account. Further information about use of third-party accounts is provided in the Privacy Policy at https://roadtoempress.com/policy/privacy.html. Please note that you may also be able to play the Game without creating a Game Account, butupdates, you may not be able to access certainthe partsServices until you manually update the Services yourself on your device. We may modify, suspend, discontinue, substitute, re-place, or limit your access to any aspect of the Game,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 yourother 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 data may be deleted if you uninstallCurrency or otherwiseContent, deleteat theany Game.time, for any reason, without notice or liability to you.
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(c)18. KeepWarranty YourDisclaimers We Informationdon’t Current.make It’sany importantguarantees 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 youthe provideServices uswill with accurate, complete, and up-to-date information formeet your Game Account, and you agree to update such information to keep it that way. If you don’t, we may suspendrequire-ments or terminatebe youravailable Gameon Account.an Youuninterrupted, agreesecure, thator youerror-free willbasis. notThe discloseCompany yourParties Gamemake Accountno passwordwarranty toregarding anyone,the andquality, willaccuracy, notifytimeliness, ustruthfulness, immediatelycompleteness or reliability of anythe 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.Services.
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19. Limitation of Liability 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: (a) LOSS OF PROFITS, (b) LOST REVENUE, (c) LOST SAVINGS, (d) NoLOSS AccountOF Sharing.DATA, YouOR (e) 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, PROD-UCT 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 PRE-CEDING THE EVENTS GIVING RISE TO SUCH LIABILITY; OR (B) IF (A) DOES NOT APPLY, FIFTY DOLLARS ($50 USD). THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. Notwithstanding the foregoing, some countries, states, provinces, or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not sell, resell, rent, lease, share or provide accessapply to youryou. GameInstead, Accountin such jurisdictions, the foregoing exclusions and limitations will apply to anyonethe else.maximum Weextent reservepermitted allby availablethe laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and remediesnothing toin preventthis unauthorizedEULA usewill prejudice such rights that you may have as a consumer of ourthe 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.Services.
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(e)20. NoIndemnity If Falsesomeone Accounts.sues us based on your breach of this EULA or your access or use of the Services, you agree to defend us or pay for our defense in that lawsuit. You agree to indemnify (in other words, compensate for all and any losses incurred), pay the defense costs of, and hold the Company Parties and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees, costs, and expert witnesses’ fees) that arise out of or in any way are connected with: (a) your access to or use of the Services; or (b) any claim that, if true, would constitute a breach by you of this EULA. You mayagree notto createreimburse a Game Accountus for anyoneany elsepayments made or createloss asuffered Gameby Accountus, whether in a namecourt otherjudgment thanor yoursettlement, own.based on any matter covered by this Section 20.
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6. License21. Termination We reserve the right to terminate this EULA as we see fit in accordance with the applicable law. Reasons we may termi-nate 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 Useuse 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 termi-nates your App Store Account; or (d) we otherwise deem it necessary to suspend or modify your access to and use of the Services As longor as you agree toterminate this EULA (andin asour longsole asdiscretion. You may also terminate this EULA by deleting and uninstalling the EULAGame isn’ton terminated—seeall Sectionof 21),your wedevices grantor youby permissiondeleting 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 Services.sole Ifdiscretion. Upon any termination of this EULA, the rights granted to you breakwill 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 rulesServices after such termination. Where required by applicable law, termination of this EULA does not require a court decision to affect termination or can’ta agree,notice weserved can’tby leta youcourt play.bailiff Pleaseas ensurea yourprerequisite systemto termination. Except to the extent required by law, all payments and devicesfees meetare thenon-refundable minimumunder requirementsall forcircumstances, theregardless Game.of Also,whether ifor younot sufferthis fromEULA anhas epilepticbeen condition,terminated. The pleasefollowing talksections towill asurvive doctortermination beforeof playingthis theEULA: Game.8 (first two sentences only), 13, 19, 20, 22 through 25, and this sentence of Section 21.
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(a)22. LicenseDispute Grant.Resolution Soand longGoverning asLaw You youare complyagreeing to Laws of Singapore. If there is a dispute between us, we agree it’ll be resolved through arbitration, with each of us paying our own costs. (a) Governing Law. You agree that any dispute, controversy, difference, or claim arising out of or relating to this EULA and, as applicable, the App Store Agreement(s), we grant you the following license:EULA, a personal,Game, non-exclusive, non-transferable, non-sublicensable limited right and license to (i) download and install the Game on the device permitted by the App Store Agreement(s) (if applicable), and (ii) access and useor the Services, including the existence, validity, interpretation, performance, breach or termination thereof or any Content,dispute forregarding yournon-contractual personalobligations entertainmentarising purposesout leveragingof onlyor relating to this EULA, a Game, or the functionalityServices (col-lectively, “Disputes”) will be resolved in accordance with the laws of Singapore without reference to choice of law rules and not including the provisions of the Game1980 U.N. Convention on Contracts for the International Sale of Goods. Any law or regulation which provides that the language of a contract will be construed against the drafter will not apply to this EULA. (b) Dispute Resolution. Any Dispute will be referred to and Services.finally Weresolved andby ourarbitration licensorsadministered reserveby allthe rightsSingapore notInternational grantedArbitration Centre (“SIAC”) under the Arbitration Rules of the SIAC in force at the time of delivery of the arbitration notice, which rules are deemed to yoube incorporated by reference in this EULA.clause. (c) “Content”Arbitration meansRules. allThe artwork,arbitration titles,will themes,be objects,conducted characters,in names,accordance dialogue,with catch phrases, stories, animation, concepts, sounds, audio-visual effects, methodslaws of operation,Singapore musicalwith compositions,the Virtualseat Goodsof (definedthe arbitra-tion in Section 9)Singapore, and the language of the proceedings will be in English. The Tribunal will consist of three (3) arbitra-tors, with each party nominating one arbitrator within thirty (30) days after the delivery of the arbitration notice. The appointment of such arbitrators will be confirmed by the SIAC, and both arbitrators will be instructed to and will agree on the third arbitrator within ten (10) days of their confirmation by the SIAC. Should either party fail to appoint an arbi-trator, or should the two arbitrators fail within ten (10) days to reach agreement on the third arbitrator, such arbitrator(s) will be appointed by the Secretary General of the SIAC. The arbitrators will award only such damages as are permitted to be awarded pursuant to this EULA. (d) Costs. Each party will pay its own costs and expenses (including, without limitation, counsel fees) of any such arbi-tration; provided, however, that the parties will equally share the fees and expenses of the arbitrators. (e) Injunctive Relief. Notwithstanding anything to the contrary in this EULA, either party may always apply to a court of competent jurisdiction for an injunction or any other content within the Services. Content also includes anything generated, created,legal or thatequitable is otherwise developed within the Services by any user (including you) as a result of interaction with the functionality of the Services. We also grant you a limited license to make gameplay videos for certain Games specified on the Services, provided that you agree that all such gameplay video activity is subject to your agreement to and pursuant to our Streaming Policy in Schedule C-1. We may, in our sole discretion, remove, edit, or disable any Content for any reason.relief.
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(b)23. ContentNo Assignment You Createcannot Outsidetransfer 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 at-tempt by you to assign or transfer this EULA, without such consent, will be null and void. Notwithstanding the Services.title “Userof Content”this meansSection, anywe Contentmay thatfreely you (or other Game Account holders) createassign or obtaintransfer outsidethis theEULA Serviceswithout thatrestriction. 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. ExceptSubject to the extentforegoing, prohibitedthis byEULA law,will youbind waiveand inure to the benefit of anythe “moralparties, rights”their 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 timesuccessors and forpermitted 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.assigns.
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24. Miscellaneous This EULA is our whole agreement (no outside promises). The official version is English. If parts of this EULA don’t apply, the rest remains as much as possible. If we don’t enforce part of this EULA, it doesn’t mean we won’t in the future or we won’t enforce our other rights. Also, except for App Stores, no one other than you or us can enforce this EULA. (a) Entire 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. (b) 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. (c) ServiceSeverability. LimitsThis BasedEULA 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, the remaining terms of this EULA will remain in full force and effect. (d) No Waiver. Your and our actions or inactions will not create any other rights under this EULA except as what is ex-plicitly 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 other-wise. (e) Your Status. You are not, nor acting on Wherebehalf Youof Live.anyone Wewho mayis: a. restrict,subject modify,to sanctions or limitexport yourrestrictions accessmaintained by the United Nations, People’s Republic of China, United States (e.g., the Specially Designated Nationals and Blocked Persons List (“SDN List”) or the Entity List), the United Nations Security Council, the United Kingdom (including the Consolidated List of Financial Sanctions Targets), the European Union and any Member State thereof (including the Consolidated List of Persons, Groups and Entities Subject to andFinancial use of certain Content, Virtual Goods, an entire Game,Sanctions), or any other list of restricted persons maintained by any authority with jurisdiction over you (any person so listed being a “Restricted Person”); b. operating from or alllocated or resident in a country or territory that is the target of comprehensive sanctions (“Embar-goed Territories”). (f) General Trade Compliance. In connection with your use of the Services, dependingyou onwill comply with all applicable export controls and economic sanctions laws and regulations of the territoryUnited Nations, People’s Republic of China, United States, European Union, United Kingdom, and other applicable government authorities (collectively, “Trade Laws”). You agree not to engage in whichany activities in connection with the use of the Services that would violate Trade Laws or that would risk placing us in breach of any Trade Laws. If we have reasons to believe that you are located.a WithoutRestricted limitingPerson, are in or a resident of Embargoed Territories, or otherwise engaging in activities that violate Trade Laws or would risk placing us in breach of any Trade Laws, we may, at our sole discretion, take any and all relevant actions, such as requesting you to cease the foregoing,conduct Content,that Virtualviolates Goods,Trade entireLaws, Games,disabling or thesuspending Services, terminating Services maywith immediate effect, or other remedial actions. (g) Third-Party Rights. Except as described in Section 12, a person who is not bea availableparty (into wholethis orEULA inwill part)have no right under to enforce any of its terms. (h) EU Digital Services Act (DSA) and related legislation. Please refer to our DSA Landing Page where you arecan locatedfind: (a) information about our content moderation across our services and details on how you can notify us of any illegal or mayrule-breaking onlyactivity beyou availablecome across; (b) details of our appointed legal representative and electronic point of contact for the purposes of the DSA; and (c) guidance for law enforcement and regulatory bodies should they wish to submit requests for the removal of illegal content in aour modifiedservices version,or ifinformation theyon docertain not comply with the laws which apply in your country.users.
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(d)25. RetailContact Purchase.Information If Weyou have any questions about this EULA or the Game, please contact us at our Support Email Address. Schedule A-1: Addendum for residents of European Union, UK, and Brazil For the purposes of this Schedule A-1: The EULA is a legal agreement between you and Sixjoy Hong Kong Limited, a company registered in Hong Kong with registered office at 29/F Three Pacific Place No.1 Queen's Road East Wanchai, Hong Kong, company registration number 58011219-000-02-23-3 if you are a resident of or located in the European Union, United Kingdom, or Brazil. Virtual Goods and Game Currency: Notwithstanding Section 9(c) of this EULA, 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 AL-LEGED MONETARY VALUE OF GAME CURRENCY OR VIRTUAL GOODS LOST UPON (I) DELETION OR SUSPENSION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THIS EULA, OR (II) MODIFICA-TION, TERMINATION OR EXPIRATION OF THIS EULA IN ACCORDANCE WITH THE TERMS OF THIS EULA. Warranty Disclaimers. Section 18 of this EULA is replaced in its entirety with the following: The Company Parties (being us, our affiliates, directors, officers, employees, agents, and licensors) make no warranty that the Services will at all times meet your requirements or be available on an uninterrupted, secure, or error-free basis. Limitation of Liability: Section 19 of this EULA is replaced in its entirety with the following: 19. Limitation of Liability (a) NOTHING IN THIS EULA EXCLUDES OR LIMITS OUR LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY MAT-TER IN RESPECT OF WHICH IT WOULD BE UNLAWFUL FOR US TO EXCLUDE OR RESTRICT OUR LIABIL-ITY. (b) WITHOUT AFFECTING SECTION 19(A), IF WE FAIL TO COMPLY WITH THIS EULA, WE ARE RESPONSI-BLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREACH OF THIS EULA OR OUR NEGLIGENCE, BUT WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF IT WAS AN OBVIOUS CONSEQUENCE OF OUR BREACH OR IF IT WAS CONTEMPLATED BY YOU AND US AT THE TIME THAT THIS EULA BECAME BIND-ING ON YOU AND US. (c) WITHOUT AFFECTING SECTION 19(A) ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICA-BLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY PARTIES ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE SERVICES WILL NOT EXCEED: (A) THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) OR ARE PAYABLE BY YOU TO US FOR THE PARTICULAR GAME OR SERVICE IN QUESTION; OR (B) IF (A) DOES NOT APPLY, FIFTY DOLLARS ($50 USD). Notwithstanding the foregoing, some countries, states, provinces, or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may offernot codesapply orto productyou. keys that can be activatedInstead, in asuch Gamejurisdictions, orthe usedforegoing exclusions and limitations will apply to activatethe amaximum Gameextent onpermitted by the Applaws Store.of Subjectsuch tojurisdictions. foreignAlso, exchangeyou controlmay regulationshave applicableadditional legal rights in your jurisdiction, and nothing in this EULA will prejudice such codesrights orthat keysyou mustmay behave purchasedas (ora otherwise obtained legally) through us or oneconsumer of ourthe authorizedServices. Termination: retailersNotwithstanding tothe beprovisions valid.of IfSection you21 purchaseof suchthis aEULA, codesave oras keyrequired from a third party, that third party is responsible for addressing any issues you have with these codes or keys. Subject toby applicable law, we may, in our sole discretion, provide continued access to and use of the Services prior to such termination. We will have no responsibilityliabil-ity to you if we terminate this EULA due to your breach of this EULA or due to circumstances beyond our reasonable control. No Assignment: Notwithstanding the provisions of Section 23 of this EULA, we may freely assign or transfer this EULA without restriction, provided that: (a) we will give you notice of such assignment or transfer; and (b) if you do not con-sent to such assignment or transfer, this EULA will be terminated. Language: Notwithstanding the provisions of Section 24(b) of this EULA, the original language of this EULA is in Eng-lish; any translations are provided for thesereference codespurposes or keysto purchasedsatisfy fromlegal anycompliance thirdobligations. Moral partyRights. orAny ifreference anyto the waiver of moral rights under this EULA is not applicable to you. Cancellation of Virtual Goods and Game Currency. Notwithstanding the provisions of Section 10 of this EULA, you have a legal right to cancel your purchase occurredof inVirtual breachGoods withand/or anyGame applicableCurrency foreign exchangeplease controlsee regulations.Exhibit 1 to this Sched-ule for more information.
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Additional Terms for Residents of EU and UK With respect to residents of EU and UK, the following additional terms apply: Dispute Resolution: Section 22 of this EULA is replaced in its entirety with the following: 22. Dispute Resolution and Governing Law – EU and UK: The following applies if you are accessing, using, or have purchased the Services in the European Union or UK: (a) This EULA is governed by English law. This means that your access to and use of the Services, your purchas-ing of Virtual Goods and Content, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by English law. (b) You may bring any dispute which may arise under this EULA to – at your discretion - either the English courts, or to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court - competent to settle any of such a dispute. We shall bring any dispute which may arise under this EULA to the competent court of your country of habitual residence if this is in an EU Member State or otherwise in the English courts. (c) As a consumer, if you are resident in the European Union and we direct the Services to the Member State in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this EULA, including Section 22, affects your rights as a consumer to rely on such mandatory provisions of local law. (d) If you wish to have more information on online dispute resolution, please follow this link to the website of the Euro-pean Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged and not willing to participate in online dispute resolution. Retail Purchases. Notwithstanding the provisions of Section 6(d) of this EULA, all terms regarding foreign exchange control regulations will not apply. Cancellation of Virtual Goods and Game Currency. Where you have purchased such Virtual Goods and/or Game Cur-rency other than directly from us, the details of your right to cancel will be set out in the applicable third-party terms. However, where you purchase such Virtual Goods and/or Game Currency directly from us the following will apply: (i) prior to entering into this EULA or other agreement with us for the provision by us to you of such Virtual Goods and/or Game Currency, we will ask you to confirm that: (A) you wish to be provided with such Virtual Goods and/or Game Currency immediately on purchase; and (B) by providing such confirmation you waive your right to cancel under applicable law; and (ii) accordingly, by providing such confirmation you will waive your right to cancel your purchase of such Virtual Goods and/or Game Currency under applicable law. EULA Modifications. Notwithstanding the provisions of Section 17 of this EULA, if we need to update this EULA, we will provide you with 30 days' prior written notice of the changes and, following the expiry of such notice period, you will be prompted to agree to the updated EULA upon your next access to the Services or when the updated EULA is otherwise communicated to you. You must agree to these updates to continue using the Services. Except as required to allow you to continue to use any Virtual Content and/or Game Currency that you have purchased from us, you agree that we do not have any maintenance or support obligations with respect to the Services. Indemnity. Section 20 of this EULA is removed in its entirety and replaced with the following: 20. Intentionally Omitted. Additional Terms for Residents of France With respect to residents of France, the following additional terms apply: Mediation: You have the right to turn to a mediator to solve a dispute under the Agreement. Pursuant to article L 616-1 of the French consumer Code, we inform you that the mediator(s) we have chosen is: Le service du Médiateur du e-commerce de la FEVAD 60 rue la Boétie 75008 PARIS [email protected] https://www.mediateurfevad.fr/ Eligibility and Registration. You are responsible for all activities that occur under your Game Account, whether or not you know about them, unless you manage to prove that such use is fraudulent. If you believe that your Game Account is no longer secure, then you must immediately notify us at our Support Email Address. Licenses. The licenses defined in Sections 6(b), and 13 of this EULA are granted worldwide and for the duration of pro-tection of intellectual property rights. The licenses defined in Sections 6(a) and 9(b) of this EULA are granted worldwide and for the duration of this EULA between you and us. Legal Warranty: Legal conformity warranty: In accordance with article L224-25-12 and seq. of the French Consumer code, we shall provide digital content or a digital service in compliance with the contract and the criteria set out in Arti-cle L. 224-25-14. Where the contract provides for a one-off supply of the digital content or service, or a series of separate supply operations, we are liable for any lack of conformity existing at the time of supply and which appears within two years of the supply. Where the contract provides for the digital content or digital service to be supplied on a continuous basis, we shall be liable for lack of conformity which becomes apparent during the period in which the digital content or digital service is supplied under the contract. The applicable period does not deprive the consumer of his right to updates in accordance with the provisions of Article L. 224-25-25. The starting point of the limitation period for the consumer's action is the day on which the consumer becomes aware of the lack of conformity. In the event of lack of conformity, the consumer is entitled to have the digital content or service brought into conformity or, failing that, to have the price reduced or the contract rescinded under the conditions provid-ed by the French consumer code. The consumer also has the right to suspend payment of all or part of the price or deliv-ery of the benefit provided for in the contract until the business has fulfilled its obligations in accordance with Articles 1219 and 1220 of the Civil Code. We will reimburse the sums or other benefit received under the contract to the consumer without undue delay and at the latest within fourteen days from the day on which we are informed by the consumer of his decision to exercise his right to reduce the price or rescind the contract. The trader shall reimburse these sums using the same means of payment as the one used by the consumer when the con-tract was concluded, unless the consumer expressly agrees otherwise and in any event without any additional cost. Additional Terms for Residents of Germany With respect to residents of Germany, the following additional terms apply: Limitation of Liability. Section 19(a) is replaced with the following: Nothing in this EULA excludes or limits our liability for: (a) in case of intent (‘Vorsatz’) and gross negligence (‘grobe Fahrlässigkeit’); (b) in case of injuries to life, physical integrity/body or health; (c) pursuant to the terms of the German Product Liability Act (‘Produkthaftungsgesetz’); and/or (d) under a guarantee we give. We shall be liable for losses caused by breach of our Cardinal Duties. “Cardinal Duties” are such basic duties which form the essence of EULA, which were decisive for the conclusion of this EULA and on the performance of which you may rely. If we breach a Cardinal Duty through slight negligence (‘leichte Fahrlässigkeit’), then our ensuing liability shall be limited according to Section 19(c). Additional Terms for Residents of Italy With respect to residents of Italy, the following additional terms apply: Nothing in this EULA excludes or limits our liability: (a) in case of willful misconduct (‘dolo’) and gross negligence (‘colpa grave’); (b) in case of injuries to life, physical integrity/body or health; (c) pursuant to the terms of the Italian Consumer Code with reference to product liability. Additional Terms for Residents of Poland With respect to residents of Poland, the following additional terms apply: Nothing in this EULA excludes or limits our liability for: (a) wilful misconduct (‘wina umyślna’); (b) in case of injuries to life, physical integrity/body or health; (c) under statutory warranty (for consumers only) or (d) unsafe product. Additional Terms for Residents of Brazil: With respect to residents of Brazil, the following additional terms apply: EULA Modifications. Notwithstanding any contrary provision in the EULA, modifications, amendments, supplements or terms to our fees, billing methods and terms applicable to App Currency, Virtual Goods or any purchases shall be ef-fective 30 days after you receive notice of the changes from us in any form. Dispute Resolution – Brazil. Notwithstanding any contrary provision in the EULA, if you are accessing, using, or have purchased the Services in Brazil, you agree that any action related to this EULA will be resolved in accordance with the Brazilian laws, and that any dispute arising out of or in relation to this EULA shall be brought exclusively in the Brazil-ian courts, provided that you may choose to litigate in the court of your domicile. Local representative. Pursuant to Digital Statute for Children and Adolescents (ECA Digital – Law No. 15,211/2025) in Brazil, we have designated a local representative in Brazil as follows. Henrique Rossetti Cleto Avenida Queiroz Filho, 1,700, rooms 408 and 409 Tower E – Condomínio Villa Lobos Office Park Vila Hamburguesa, São Paulo – SP, 05319-000, Brazil E-mail: [email protected] Exhibit 1 to Schedule A-1: Addendum for Cancellation (European Union, UK, and Brazil) Right of Cancellation: You have a legal right to cancel your purchase of Virtual Goods and/or Game Currency within 14 days without giving any reason. The cancellation period shall be 14 days from the date on which you or a third party designated by you have taken pos-session of the Virtual Goods and/or Game Currency. In order to exercise your right of cancellation, you must inform us of your name, postal address and, where available, your telephone number, fax number and e-mail address via the Support Email Address, and clearly state your decision to cancel your purchase of Virtual Goods and/or Game Currency from this EULA. You may use the Model Withdrawal Form, below, which is not mandatory. Alternatively, you can withdraw using any other clear statement setting out your decision to cancel the contract. Your purchase of Virtual Goods and/or Game Currency will be deemed cancelled within the cancellation period if you sent the notification before the cancellation period expires. Consequences of the Cancellation: If you cancel your purchase of Virtual Goods and/or Game Currency, then we shall promptly remove the Virtual Goods or Game Currency associated with your purchase from your account, and we shall reimburse you immediately and no later than 14 days from the date on which we received notice of your cancellation for all payments we have received from you. Such refund will be made using the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you, and in no event will you be charged for such refund. Model Withdrawal Form (Complete and return this form only if you wish to withdraw from the contract) I hereby give notice that I cancel my purchase of Virtual Goods and/or Game Currency (choose as applicable; please further describe so it is possible to identify to which Virtual Goods and/or Game Currency the cancellation refers). - ordered on (please add date)/received on (please add date); - your name; - your address; - your signature (only if this form is notified on paper); and - date. Schedule A-2: Addendum for residents of the United States If you live in and/or access, use, or purchase the Services in the United States, Section 22 of this EULA is replaced in its entirety with the following: 22. Dispute Resolution and Governing Law - United States With limited exceptions, any Dispute will be resolved solely by final and binding arbitration. You and we agree that we are each waiving the right to a trial by jury. (a) Mandatory Arbitration of Disputes . We each agree that any and all Disputes between us (except those expressly specified below in Section 22(b)) shall be resolved exclusively through final and binding arbitration in accordance with the terms of this Section 22. A “Dispute” means any dispute, controversy, or claim arising out of or relating in any way to this EULA, the Services, or your relationship with us, regardless of whether it is based in contract, statute, regulation, ordinance, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. This Section 22 shall govern any and all Disputes between us, without limita-tion—including any Disputes that arose, accrued, or were asserted before the effective date of this EULA (including this version of Section 22)—irrespective of whether the Disputes are based on past, present, or future events and irrespective of whether substantially similar Disputes were previously asserted by any other party. WE EACH WAIVE THE RIGHT TO BRING SUCH DISPUTES TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL, WHERE APPLICABLE. (b) Exceptions. As limited exceptions to Section 22(a) above: (1) Instead of initiating an arbitration, either of us may seek to resolve a Dispute in small claims court in the county in which you reside if the small claims court has jurisdiction (which issue should be decided by that court); (2) Either of us may seek injunctive or other equitable relief from a court to enjoin the infringement or misappropriation of intellectual property rights; (3) A court may enter injunctive relief to enforce pre-filing requirements as provided below in Section 22(c) (Informal Dispute Resolution); (4) A court may enforce the dispute resolution process for coordinated filings as specified below in Section 22(g) (Coor-dinated Filings); (5) Either party may opt out of arbitration and proceed in court after global mediation of Mass Arbitrations fails as ex-pressly provided below in Section 22(g) (Coordinated Filings); (6) A court may enjoin the filing of an arbitration seeking to apply a prior arbitration agreement as provided below in Section 22(l) (Opt-Out of Modifications); and (7) The entitlement to and extent of public injunctive relief must be litigated in court as provided below in Section 22(i) (Arbitration Award and Injunctive Relief). Before any arbitration proceeding may be commenced, you and we agree to first attempt to resolve our Dispute infor-mally. Any Dispute shall be dismissed if an arbitration was filed without fully and completely complying with these in-formal dispute resolution procedures. (c) Informal Dispute Resolution. Before any arbitration proceeding may be commenced, we each agree to first attempt to resolve any Dispute informally, through good faith negotiation, for at least sixty (60) days. If you have a Dispute with us, you must first send us a written notice of your Dispute (“Notice of Dispute”) to the following email address: [email protected]. Your Notice of Dispute must be individual to you and must include your game user ID (“User ID”, a unique number used to identify your account, not your username or alias), your name, and both the mailing ad-dress and email address you would like us to use to contact you. If we have a Dispute with you, we will send a Notice of Dispute to the contact information we have in our files for you. A Notice of Dispute submitted by either you or us must (a) describe the nature and basis of the Dispute; and (b) set forth the specific amount of damages or other relief sought. A Notice of Dispute will not be valid and will not allow you or us later to commence an arbitration proceeding unless it contains all of the information required by this paragraph. The sixty (60)-day informal dispute resolution period shall run from the date on which either you or we receive a Notice of Dispute that complies with all of the requirements of this paragraph. We each agree that during the sixty (60)-day informal dispute resolution period, we will personally meet, via tele-phone or videoconference, in a good-faith effort to negotiate and resolve informally any Dispute. If you are represented by counsel, your counsel may participate in such a meeting, but you also agree to fully participate in person in the con-ference. If you choose to have your counsel attend the conference, our counsel may also attend the conference, but we will have a company representative fully participate in person in the conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this Section 22(c). We each agree that neither of us may commence any arbitration proceeding against the other unless you and we are unable to resolve the Dispute within sixty (60) days after one party receives the other party’s compliant Notice of Dis-pute and the party sending the Notice of Dispute has made a good faith effort to resolve its claim directly with the other party during that time, including meeting personally via telephone or videoconference, as required by this Section 22(c). You and we agree that any arbitration proceeding shall be dismissed if it was filed without fully and completely com-plying with these informal dispute resolution procedures. In particular, you and we agree that if either of us proceed to arbitration without first having sent a compliant Notice of Dispute and negotiating in good faith (including meeting per-sonally via telephone or videoconference) to resolve the Dispute in accordance with this Section 22(c), the arbitration provider has no jurisdiction over the Dispute and shall administratively close the Dispute. If the arbitration provider fails to close such Dispute, a court may enter injunctive relief to enforce the pre-filing requirements of this Section 22(c), in-cluding an injunction to stay any arbitration that has been commenced in violation of this Section 22(c). The JAMS Arbitration Rules, including its fee schedule, will apply, except as modified by this EULA. The arbitrator and not a court will decide what Disputes are subject to arbitration, and whether this agreement to arbitrate is enforceable. Demands for Arbitration must include your User ID, be personally signed, and comply with filing standards. (d) Arbitration Institution and Rules. Except as otherwise provided in Section 22(b), if you and we are unable to come to an informal resolution under Section 22(c), you and we agree to binding individual arbitration administered by Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its Streamlined Arbitration Rules and Procedures, available at https://www.jamsadr.com/rules-streamlined-arbitration/ , or, if applicable, its Mass Arbitration Procedures and Guide-lines, available at https://www.jamsadr.com/mass-arbitration-procedures . The fees and costs of the arbitration will be borne by both you and us according to the then-applicable JAMS Schedule of Fees and Costs. JAMS may also be reached at 800.352.5267 for further information. The terms in this Section 22 govern to the extent they conflict with JAMS rules. Any arbitration hearings will take place in the county where you live, unless we both agree to a different location. The arbitrator shall have the authority to consider and grant dispositive motions and will apply the standards of the Fed-eral Rules of Civil Procedure governing such motions. You and we agree that, except as otherwise provided in Section 22(b), the arbitrator, and not any federal or state court or agency, shall have exclusive authority to decide all issues relat-ing to the validity, interpretation, applicability, scope, and enforceability of this agreement to arbitrate, including the ar-bitrability of any Dispute and any claim that all or any part of this arbitration agreement is void or voidable, to the extent permitted by applicable law. (e) Demand for Arbitration . A party who wishes to commence an arbitration must submit a written Demand for Arbitra-tion to JAMS and give notice to the other party as specified in the applicable JAMS rules. A Demand for Arbitration must identify the game User ID at issue, which is necessary for proving the existence of an agreement to arbitrate be-tween us; failure to identify the User ID will be understood to mean you and we do not have an agreement. The Demand for Arbitration submitted by either you or us must set forth the claim(s) asserted, factual basis for the claim(s), and relief and/or remedy sought. The Demand for Arbitration must be personally signed by the party seeking arbitration. A failure to follow these filing requirements shall be a basis for dismissal of the Demand for Arbitration, including by a Process Administrator, as defined in JAMS Mass Arbitration Procedures and Guidelines. By signing any Demand for Arbitration, the signing party certifies to the best of its knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the Demand for Arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or analogous state law for either party’s vio-lation of this requirement. (f) Offer of Judgment . In the arbitration proceedings, a party may serve a written offer of judgment on the other party to allow judgment on specific terms at least 10 days before the date set for the arbitration hearing. If the offer is accepted, the offer with proof of acceptance shall be submitted to JAMS, which shall issue an award accordingly. If the offer is not accepted prior to the arbitration hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration, other than with respect to costs. If the award that the other party finally obtains is not more favorable than the unaccepted offer, then the other party shall pay the reasonable costs incurred after the offer was made, to the extent such cost-shifting is not prohibited by applicable law or JAMS rules, provided that the arbitrator(s) shall have discretion to, in light of the circumstances, release you from the obligation to cover our costs in circumstances of financial hardship. In the event of mass arbitration filings, cases will be grouped, one group will proceed first, and a global mediation will follow, after which remaining claimants or we may opt out of arbitration. (g) Coordinated Filings. To the extent permitted by applicable law and notwithstanding any other provision of this Sec-tion 22, in the event seventy-five (75) or more claimants represented by the same or coordinated counsel file Demands for Arbitration raising substantially similar Disputes, these coordinated filings are considered “Mass Arbitrations” under JAMS Mass Arbitration Procedures and Guidelines, and you and we agree that the additional procedures in this Section 22(g) shall apply: (1) Arbitration of Bellwether Group: Once counsel representing you in the Mass Arbitrations has submitted at least seventy-five (75) compliant Demands for Arbitration to JAMS and the Process Administrator has heard and determined preliminary and administrative matters in accordance with JAMS Mass Arbitration Procedures and Guidelines and this Section 22, the Process Administrator shall randomly select ten (10) claimants to proceed first as a single consolidated arbitration before a panel of three (3) retired federal judges. After the arbitral panel is appointed, the parties in this initial group of 10 cases (“Bellwether Group”) shall conduct an initial preliminary conference with the ar-bitral panel, and shall use their best efforts to complete the arbitration of the Bellwether Group within 120 days of the initial preliminary conference. (2) Global Mediation After Resolution of Bellwether Group: After the resolution of the Bellwether Group, the parties shall engage in a global mediation of all remaining cases with a mediator to be jointly selected by counsel for all parties, and we will pay the mediation fee. (3) Right to Opt Out After Global Mediation Fails: If the mediation does not yield a global resolution, you and we may, separately or by agreement, opt out of arbitrating the Dispute raised in your Demand for Arbitration and elect to proceed in court. You may opt out by sending to JAMS and to us at [email protected], within the earlier of sixty (60) days after the start of mediation or thirty (30) days after conclusion of the mediation, your individual written notice of your intention to opt out of arbitrating the Dispute raised in your Demand for Arbitration. For your opt-out to be effec-tive, your written notice must be personally signed by you. We may opt out by sending our written notice to JAMS and to your arbitration counsel, within fourteen (14) days following the expiration of your opt-out period, written notice of our intention to opt out. For our opt-out to be effective, our written notice must be personally signed by a company rep-resentative. Counsel for the parties may agree to modify these deadlines. You and we agree that JAMS shall administra-tively close your case if either of us chooses to opt out. (4) Court Proceedings for Opt-Out Cases: If your Dispute is brought in court after either party opts out in accordance with the procedures above, the forum and venue of your Dispute shall be governed by Section 22(k) (Forum and Venue). Notwithstanding the class action waiver in Section 22(h), you may seek class treatment to the fullest extent allowed by applicable law, but you and we agree that the putative class(es) you seek shall not include any individual whose Dispute remains subject to arbitration following the opt-out procedures above. You and we agree that unless either of us chooses to opt out with respect to the Dispute raised in your Demand for Arbitration in accordance with the opt-out procedures above, you may not be included in any such putative class sought by other claimants and may not bring your Dispute in court. Similarly, if you never commence an arbitration, you may not be included in any such putative class sought by other claimants and may not bring your Dispute in court. (5) Stay of Remaining Cases and Tolling: During the pendency of the consolidated arbitration of the Bellwether Group, the global mediation, and the opt-out periods, the remaining cases shall be stayed, arbitrators shall not be appointed for those cases, and applicable statutes of limitations for those cases shall be tolled, and no arbitration fees shall be assessed in connection with those cases. (6) Arbitration of Remaining Cases Absent Opt-Out: If the mediation does not yield a global resolution and you and we do not choose to opt out of arbitration in accordance with the procedures above, the parties shall cooperate to organize the Demands for Arbitration into randomized groups of 50 claimants each (plus, to the extent there are fewer than 50 claimants remaining, a final group consisting of the remaining claimants), with each group proceeding as a single con-solidated arbitration and with one arbitrator presiding over each group. An arbitrator may preside over multiple groups of cases. (7) Procedures for Grouped Arbitration: For each group of cases that proceeds to arbitration (including the Bellwether Group), the arbitrator(s) shall decide all common issues of fact and law first—including considering and granting dis-positive motions under the standards of the Federal Rules of Civil Procedure governing such motions—before proceed-ing to deciding individual factual and legal issues and issuing individualized final awards. Within each group of cases, discovery shall be consolidated and coordinated. No final award from an arbitrator shall have preclusive effect in another arbitration; an order in a grouped arbitration, however, may be shared for its persuasive value in related grouped arbitra-tion proceedings. You and we agree that although the resolution of our Disputes may be delayed in some circumstances, the process set forth in this Section 22(g) increases the efficiency of dispute resolution. You and we agree to cooperate in good faith to implement this dispute resolution process for Mass Arbitrations. You and we agree that the parties have a mutual in-terest in reducing the costs and increasing the efficiency of arbitration, and accordingly, either party may negotiate with JAMS for reduced arbitration fees and for streamlined or other procedures designed to reduce costs and increase the effi-ciency of arbitration. A court shall have authority to enforce the process specified in this Section 22(g), including through injunctive re-lief. To the extent you are asserting the same or similar claims as other persons and are represented by the same or coor-dinated counsel, for the purpose of a court action permitted under Sections 22(c), 22(g), and 22(l), notwithstanding the class action waiver in Section 22(h), you and we agree that the action may proceed as a single, consolidated action. You and we agree not to initiate or participate in a class, collective, or representative action and only to bring claims as an individual. (h) Class Action Waiver . EXCEPT AS EXPRESSLY PROVIDED IN SECTION 22(G) (COORDINATED FILINGS), YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION, OR ANY OTHER ACTION WHERE ANOTHER INDIVIDUAL OR ENTITY ACTS IN A REPRESENTATIVE CAPACITY (E.G., PRIVATE ATTORNEY GENERAL ACTIONS). Further, if the parties’ Dispute is resolved through arbitration, except as expressly provided in Section 22(g) (Coordinated Filings) or unless you and we both agree, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative, collective, or class proceeding. This Section 22(h) does not pre-vent you or us from settling claims on a class, collective, or representative basis. The arbitrator may award relief only on an individual basis. Any public injunctive relief (as defined below) sought must be litigated in a civil court after determinations of liability are made by the arbitrator. (i) Arbitration Award and Injunctive Relief . An arbitrator shall make a decision in writing, which will include the find-ings and conclusions on which the decision is based. The arbitrator has the authority to issue any relief allowed by ap-plicable law, but the arbitrator shall have no authority to issue any relief on any basis other than an individual basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that a party seeks public in-junctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in court and not in arbitration, after all issues of liability are decided by the arbitrator. You and we agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any issues of liability in arbitration. Delaware law governs our Disputes, except that the Federal Arbitration Act governs everything related to arbitration. You and we agree to the exclusive jurisdiction and venue of federal or state court in California for all Disputes that are not subject to arbitration. (j) Governing Law . This EULA shall be governed by, and any Dispute between us shall be resolved in accordance with, the laws of the State of Delaware, without regard to conflict of laws provisions, except that the Federal Arbitration Act—and not any state arbitration law—governs everything related to arbitration (including interpretation and enforce-ment of this Section 22). (k) Forum and Venue . You and we agree that, for the limited situations expressly identified in Section 22(b) that may or must proceed in court as opposed to arbitration, actions to enforce, challenge, or confirm any arbitral award, and pro-ceedings following a determination by the arbitrator that a Dispute is not arbitrable, the exclusive venue for such pro-ceedings shall be a federal court in the State of California. If those federal courts do not have subject matter jurisdiction, then the exclusive venue shall be a state court in the State of California. You and we consent to the jurisdiction of such California courts for purposes of such proceedings. You can opt out of modifications made by this arbitration agreement in writing within 30 days. This Section 22 applies in full absent a valid opt-out. (l) Opt-Out of Modifications . If you have previously agreed to arbitrate with us, you may opt out of the modifications to your prior arbitration agreement made by this Section 22 by sending us written notice no later than 30 days after the ef-fective date of this EULA. Opting out of this Section 22 has no effect on any previous, other, or future arbitration agree-ments that you may have with us, and all other parts of this EULA will continue to apply to you. To be effective, your written notice must be sent to [email protected] and must include your name, mailing address, User ID, email address, phone number, and an unequivocal statement that you want to opt out of this Section 22. This written notice must be dated and signed by you, and not any attorney, agent, or other representative of yours. Should you not opt out within the 30-day period in accordance with this procedure, you and we shall be bound by the terms of this Section 22 in full, including for any Disputes that arose, accrued, or were asserted before the effective date of this EULA. You and we agree that if you do not opt out in accordance with this procedure but either you or we commence an arbitration and seek to apply an arbitration agreement with us that predates this agreement, either you or we may seek injunctive relief in court, and a court may enter injunctive relief enjoining the filing of arbitration under the prior agreement. Except for Section 22(h) (Class Action Waiver), if a part of this Section 22 is unenforceable, the rest still applies. This Section 22 survives termination. (m) Severability . Except for Section 22(h) (Class Action Waiver), if any part of this Section 22 is found to be invalid or unenforceable, the other parts shall still apply. If Section 22(h) (Class Action Waiver) is found to be invalid or unen-forceable, then this entire Section 22 shall be void and unenforceable, except for paragraph (j) Governing Law, para-graph (k) Forum and Venue, and paragraph (n) Survival. (n) Survival . Section 22 survives termination of this EULA. Schedule A-3: Addendum for Residents of South Korea For the purposes of this Schedule A-3: The EULA is a legal agreement between you and Sixjoy Hong Kong Limited, a company registered in Hong Kong with registered office at 29/F Three Pacific Place No.1 Queen's Road East Wanchai, Hong Kong, company registration number 58011219-000-02-23-3 if you are a resident of or located in South Korea. Amendment Regarding Responsibility of a Legal Representative of a Minor: Notwithstanding Section 5(a) of this EULA, the legal representative of a minor hereby acknowledges and agrees that he/she is responsible for the Game Account cre-ated by the minor or the details of use of the Game Account by a user with respect to whom the legal representative gave consent when such user uses the Service. Amendments and changes of fees, billing methods and terms applicable to Game Currency, Virtual Goods or to any purchases: Notwithstanding Section 9(a) of this EULA, we may modify, amend or supplement our fees, billing methods and terms applicable to Game Currency, Virtual Goods, or any purchases, and give a public notice of those changes to users by posting them within the Game Service or on the connection screen. When we notify you or publicly post those changes, we will also notify you or otherwise disclose that if a user does not express his/her consent or refusal, he/she will be deemed to have consented to those changes, and in case you fail to expresses your refusal by the date on which such changes take effect, we will consider you having consented to such changes. If any change is unacceptable to you, you may refuse such change and terminate the use of your Game Account. Changes to Game Currency and Virtual Goods: The terms stipulating the changes made without notice to users and the users’ waiver of any and all legal claims under Section 9(c) of this EULA will not apply to you. Unless otherwise pro-hibited under applicable laws, we may modify, substitute, replace, suspend, cancel, or eliminate any Game Currency or Virtual Goods, including your ability to access or use Game Currency or Virtual Goods, in which case we will notify you of such changes within the Service in advance. Notwithstanding the foregoing, if it is unavoidably necessary to make any changes, such as correction of bugs/errors and urgent updates, or if the changes are not material, we may give a pub-lic notice of those changes afterward. Limitation of Liability: Section 19 of this EULA is amended as follows: Each of the Company and the user (the “Indemnifying Party”) shall indemnify the other party from all losses that arise out of any breach by the Indemnifying Party of this EULA; provided, however, that the foregoing shall not apply if such breach is not attributable to the Indemnifying Party’s intentional or negligent behavior. Notwithstanding the foregoing, we shall not be held liable in any of the following cases: (a) We shall not be liable for providing the Service, in case where the Service cannot be provided due to natural disaster or any equivalent force majeure event. (b) We shall not be liable for any losses that arise out of the maintenance, replacement, regular inspection, or construc-tion of facilities for the Service or any other reasons equivalent thereto, unless such losses are attributable to our inten-tional or negligent behavior. (c) We shall not be liable for any disruption in using the Service which is attributable to the user’s intentional or negli-gent behavior, unless the user has unavoidable or justifiable reasons. (d) We shall not be liable for the reliability or accuracy of information or materials uploaded or posted by users in con-nection with the Service, unless we act intentionally or grossly negligently. (e) We do not have any obligation to intervene in any transaction or dispute which takes place between you and another user or a third party in connection with the Service, and shall not be liable for any losses arising therefrom. (f) We shall not be liable for any losses incurred by users which arise in connection with use of any free Service, unless such losses are attributable to our intentional or grossly negligent behavior. (g) We shall not be liable for your failure to obtain expected profits or your loss of profits by using the Service. (h) We shall not be liable for your losses of experience points, level, items, or Game Currency within the Game, unless such losses are attributable to our intentional or negligent behavior. (i) We shall not be liable for your payments by a third party which arise due to your failure to manage the password of your mobile device or the password provided by your online marketplace operators, unless any losses are attributable to our intentional or negligent behavior. (j) We shall not be liable for your inability to use whole or part of the Services due to any change of your mobile device or its number or OS version, overseas roaming, change of mobile carrier, etc., unless such inability is attributable to our intentional or negligent behavior. (k) We shall not be liable for your deletion of any Content or Account information we have provided, unless such dele-tion is attributable to our intentional or negligent behavior. (l) We shall not be liable for any losses incurred by a guest member which arise out of his/her use of the Service, unless such losses are attributable to our intentional or negligent behavior. Termination: Section 21 of this EULA is amended as follows: We may suspend whole or part of Services in the event that (a) it is necessary for operation of the system, including reg-ular inspection on the system, increase or replacement of servers, network unstability, etc.; (b) it is impossible to nor-mally provide the Services due to power failure, breakdown of a Service facility, traffic overload, repair or inspection of facilities by telecommunications service provider, etc.; or (c) war, incident, natural disaster or national emergency equiv-alent thereto or any other event beyond our control occurs. In such case, we will provide the prior notification of the reasons for and duration of such suspension on the beginning screen of the Game or the notice section of the Services; provided, however, that if we cannot provide the prior notification for a justifiable reason, we may notify you afterward. As an elaboration of what is permitted by law as mentioned in Section 10 of this EULA, users who are residents of Korea have the following legal rights when purchasing Virtual Goods or Game Currency: Unless otherwise provided in this EULA or other terms and conditions of transaction, end-users may cancel their purchase within 7 days from the date on which the end-user is notified of the purchase of virtual items/currency. However, the purchase cannot be canceled if the user has used or partially consumed virtual goods or game currency, or in other cases stipulated by applicable laws of Korea. However, notwithstanding the above, if the contents of the virtual goods or game currency are different from the display/advertisement contents provided by us, or if the contents are per-formed differently from the contract contents, the user may cancel within three months from the date of receiving the virtual good or game currency, or within 30 days from the date he/she knew or could have known such fact. When a refund is received for purchase cancellation, refunds will be processed by the App Store operator where you made relevant purchase according to their refund operation policy and procedure. If a user who is a minor under the laws of Korea concludes a purchase contract for virtual goods or game currency, the Company informs the minor that his/her guardian or the minor himself/herself may cancel the con-tract, if his/her guardian does not agree in regard to the contract. We may request the submission of documents proving that you are a minor or a legal representative. However, if a minor purchases virtual goods or game currency with the property permitted for disposition by their legal representative, if a minor has deceived us into believing that he is an adult, or if the minor has the consent of his legal representative, the contract cannot be cancelled. Effect of withdrawal of subscription: If you cancel your purchase, we will retrieve or delete the canceled Virtual Goods or Game Currency. Please note that we may only retrieve or cancel such Virtual Goods or Game Currency after platform operator has notified us about the refund. Local representative: Pursuant to the Game Industry Promotion Act of Korea, we have designated a local representative in Korea as follows. Bae, Kim & Lee LLC (Representative Attorney Soonik Kwon) Phone number: +82-2-3404-0012 Email: [email protected] Address: Centropolis B, 26, Ujeongguk-ro, Jongno-gu, Seoul, Republic of Korea (Zip code: 03161) Schedule A-4: Addendum for Residents of Japan Age: The age of majority as referred to in Section 5(a) in this EULA means, prior to April 1, 2022, those who are 20 years of age or more, and, on and after said date, those who are 18 years of age or more. If you are a minor, you must have your parent or other legal guardian read and accept this EULA before creating a Game Account. Moral Rights: Any reference to the waiver of moral rights under this EULA is not applicable to you. You agree not to exercise any of your moral rights to the User Content, including the right to be indicated as the author of the User Con-tent, against us or any third party designated by us. EULA Modifications: Notwithstanding the provisions of Section 17 of this EULA, we may modify this EULA in ac-cordance with the applicable law. In the case of any modification to this EULA, the effective date of the modification and the contents of this EULA after the modification will be posted on our website or otherwise notified to you by a method separately determined by us. If you use the Services after the effective date of the modification of this EULA, you shall be deemed to have agreed to the revised EULA. Limitation of Liability: Any reference to the limitation on our liability to you under this EULA (including Section 19) does not apply to damage incurred by you as a result of our intentional acts or gross negligence. Schedule A-5: Addendum for Residents of Russia We are a company registered in Hong Kong with registered office at 29/F Three Pacific Place No.1 Queen's Road East Wanchai, Hong Kong, company registration number 58011219-000-02-23-3. Moral Rights: Any reference to the waiver of moral rights under this EULA is not applicable to you. You do, however, allow us to use any User Content anonymously without indicating your name, if applicable, and to edit, amend, cut, an-notate, illustrate, provide any other comments to User Content as we deem reasonable and appropriate. Schedule A-6: Addendum for Residents of Morocco In this EULA, “we” refer to a company registered in Hong Kong with registered office at 29/F Three Pacific Place No.1 Queen's Road East Wanchai, Hong Kong , company registration number 58011219-000-02-23-3 . Amendments and changes of fees, billing methods and terms applicable to Game Currency, Virtual Goods or to any purchases: Notwithstanding provisions of section 9, changes to our fees, billing methods and terms applicable to Game Currency, Virtual Goods or to any purchases, shall be effective immediately upon notification duly received by you, and shall be incorporated by reference into this EULA. If any change is unacceptable to you, you may decline these changes and terminate the use of your Game Account at any time. Changes to Game Currency and Virtual Goods. Waiver of notice provided for under section 9(c) does not apply to you. Except as otherwise prohibited by applicable law, and subject to reasonable notice, we, in our sole discretion, may mod-ify, substitute, replace, suspend, cancel, or eliminate any Game Currency or Virtual Goods, including your ability to ac-cess or use Game Currency or Virtual Goods. Right of legal recourse: Any reference to a waiver of any legal recourse relating to purchased Game Currency, Virtual Goods, or to any purchase under sections 1 and 9(c) is not applicable to you. Moral Rights: Any reference to the waiver of moral rights under this EULA is not applicable to you. You do, however, allow us to use any User Content anonymously without indicating your name, if applicable, and to edit, amend, cut, an-notate, illustrate, provide any other comments to User Content as we deem reasonable and appropriate. Refunds: Notwithstanding provisions of section 10 of this EULA, we may not revoke your license to purchased Virtual Goods, and/or Game Currency, and/or any other purchase without reasonable notice nor your serious misconduct. You may also exercise your right of withdrawal within seven (7) days of your acceptance of the license or, where applicable, of each purchase. Also, in the event that we are unable to honor any of your purchases within seven (7) days, your withdrawal right period is extended to eight (8) more days following the expiry of your initial seven (7) withdrawal period as provided under Moroccan law 31-08 on consumer protection. Service and EULA Modification: Notwithstanding provisions of section 17 of the EULA, you will be prompted to accept or decline any Service and EULA Modification. If any change is unacceptable to you, you may decline these changes and terminate the use of your Game Account at any time. Warranty Disclaimers: Provisions of section 18 apply to purchased Virtual Goods and/or purchased Game Currency, provided that such purchases fulfill and comply with their announced characteristics and description thereof at the time of purchase. Indemnity: Your obligation to indemnify us is limited to actual damage suffered by us directly caused by your act, fault, or gross negligence. Dispute Resolution and Governing Law: Any dispute, controversy, difference, or claim arising out of or relating to this EULA, a Game, or the Services, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to this EULA, a Game, or the Ser-vices (collectively, “Disputes”) will be resolved in accordance with the laws of Morocco. In the event of a Dispute, the competent court shall be the court having jurisdiction over your place of residence. Language: This EULA is provided to you with an Arabic translation. Schedule A-7: Addendum for Residents of Tunisia Moral Rights: Any reference to the waiver of moral rights under this EULA is not applicable to you. You do, however, allow us to use any User Content anonymously without indicating your name, if applicable, and to edit, amend, cut, an-notate, illustrate, provide any other comments to User Content as we deem reasonable and appropriate. Refunds: Notwithstanding provisions of section 10 of this EULA, we may not revoke your license to purchased Virtual Goods, and/or Game Currency, and/or any other purchase without reasonable notice nor your serious misconduct. You may also exercise your right of withdrawal within ten (10) days of your acceptance of the license or, where applicable, of each purchase. Warranty Disclaimers: Provisions of section 18 apply to purchased Virtual Goods and/or purchased Game Currency, provided that such purchases fulfill and comply with their announced characteristics and description thereof at the time of purchase. Schedule A-8: Addendum for residents of Australia For the purposes of this Schedule A-8: The term "Services" means collectively, and sometimes individually, the follow-ing: (a) each of our Games, and (b) any websites, software or other services we provide with or in support of the Game, whether or not they are installed or used on a computer, console, or a mobile device (i.e. it is as otherwise defined in the EULA). If we use the term "services" without capitalization, it means any benefits, privileges, or facilities we provide to you under this EULA. The term "Australian Consumer Law" refers to Schedule 2 of the Competition and Consumer Act (2010). Moral Rights: Any reference to the waiver of moral rights under this EULA is not applicable to you. You do, however, allow us to use any User Content anonymously without indicating your name, if applicable, and to edit, amend, cut, an-notate, illustrate, provide any other comments to User Content as we deem reasonable and appropriate. License – Retail Purchase: Notwithstanding provisions of section 6 of this EULA, our codes or keys come with guaran-tees that cannot be excluded under the Australian Consumer Law. Pursuant to the Australian Consumer Law, if we are deemed the manufacturer of the code or key you can elect to seek a remedy from us rather than a third party who you purchased your code or key from. Other than any obligations we have under the Australian Consumer Law, we will have no responsibility for these codes or keys purchased from any third party or if any purchase occurred in breach with any applicable foreign exchange control regulations. Changes to Game Currency and Virtual Goods: Notwithstanding provisions of section 9 of this EULA, our Services and Games come with guarantees under the Australian Consumer Law, which are not excluded. Refunds: Notwithstanding provisions of section 10 of this EULA, the provision of refunds is subject to applicable law, including, but not limited to, the extent required under the Australian Consumer Law. All Games, Virtual Goods and Game Currency are not redeemable, refundable, or eligible for any other alternate remedy for any “real world” money or anything of monetary value, unless we have obligations to provide you with a remedy under the Australian Consumer Law, or otherwise if they are defective, unavailable, or do not perform in accordance with the specifications we provide. Beta Testing: Notwithstanding provisions of section 11 of this EULA, unless you are otherwise entitled to a remedy pursuant to the Australian Consumer Law, termination of a Beta by us and your participation in a Beta does not entitle you to any compensation or any free Services, including any Content and Game Currency. Accessing a Game from an App Store. Notwithstanding provisions of section 12 of this EULA, where a Game is made available to you via an App Store, the provisions of this EULA are subject to any obligations we may have under the Australian Consumer Law which cannot be excluded. Warranty Disclaimers: Notwithstanding provisions of section 18 of this EULA, for the Services you acquired directly from us, our Services come with guarantees that cannot be excluded under the Australian Consumer Law. In addition, even if you acquired our Services from a third party, you may be entitled to a remedy from us if we are the manufacturer of the Services, as provided for under the Australian Consumer Law. Third-party branded products purchased from us may also come with guarantees that cannot be excluded under the Australian Consumer Law. The Warranty Disclaimers in Section 18 of the EULA only apply to the extent permitted by law, including to the extent permitted under the Australian Consumer Law. Limitation of Liability: Notwithstanding provisions of section 19 of this EULA, any limitation of liability is only ex-pressed to the extent permitted under applicable law, including the Australian Consumer Law, which provides guarantees and remedies which cannot be excluded. The remedy you are entitled to under the Australian Consumer Law from us in the event of a failure to comply with the consumer guarantees will depend on whether we are the supplier and/or the manufacturer of the Services you acquire, and whether the failure is a major or minor failure. For example, if we are the supplier of the Services to you, for major failures with a service, you are entitled to cancel your service contract with us, and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service. Termination: Notwithstanding provisions of section 21 of this EULA, in certain circumstances, you may be entitled to a remedy under to the Australian Consumer Law. Dispute Resolution and Governing Law. Notwithstanding provisions of section 22 of this EULA, the governing law is set only to the extent permitted by law, and does not prevent action in a Court where a statutory right which cannot be excluded arises. Schedule A-9: Addendum for Residents in Mexico We are a company registered in Hong Kong with address at 29/F Three Pacific Place No.1 Queen's Road East Wanchai, Hong Kong , company registration number 58011219-000-02-23-3 . This addendum will only apply if you reside in Mexico and the laws of Mexico are applicable to you. Limitations: To the extent that the EULA would conflict with the Federal Consumer Protection Law, we agree to abide by the provisions of such law and not the provisions of the EULA, while the remaining provisions of the EULA shall apply mutatis mutandi. We may modify or terminate our obligations to the extent permitted by the Federal Consumer Protection Law; particularly for the situations out of our control as set forth in Section 9(c). We can also suspend or ter-minate our Service to you if we reasonably decide that you have breached the EULA or this addendum or if we deter-mine that you are behaving improperly towards other users or our employees, agents, or contractors, or as may be re-quired under the applicable law, or for technical reasons such as maintenance, updates and other technical or financial reasons in accordance with the nature of the Game. Refund: The provisions of the EULA regarding refunds in section 10 of the EULA will not apply to the extent that they conflict with our obligations under the Federal Consumer Protection Law of Mexico. All remaining provisions of the EULA will remain in force mutatis mutandi. License and Use of the Services: To the extent permitted by the laws of Mexico, a license granted under section 6 with respect to the User Content also includes a license to use your personal image to the extent it is visible on the User Con-tent. Should you wish to exercise your rights under article 87 of the Federal Copyright Law to revoke authorization to use your image, you may do so by sending an email to the Support Email Address detailing the content in which your image is shown. You hereby acknowledge that you authorize a grace period of thirty natural days upon receipt of your request to delete the content or edit it as to remove your personal image from it. In case you wish to exercise the Moral Rights over the User Contents prescribed by article 21 of the Federal Copyright Law, you agree to send an email to the Support Email, detailing the right you wish to exercise, and the User Content in-volved. You further agree to cover any and all expenses, damages and lost profits that may be generated by the compli-ance with such request both to us and to third parties in advance. You further provide us with a term no less than six calendar months to comply with your request, upon your payment of the respective expenses, damages, and lost profits. Minimum Requirements. You acknowledge and agree that we assume no liability in the event that your device is in-compatible with the minimum requirements, or if its configuration does not allow you to play the Game with the desired quality. We assume no responsibility for any modifications that you may make to your device, its configuration, or any third-party software you install on it. Seizure warning. The provisions of 6(f) apply mutatis mutandi to any other physical, neurological, psychological, emo-tional, or psychiatric issue, condition, or problem you may have, and which may be affected or altered by the use of a Game. It is your responsibility to contact your healthcare provider to determine if any actual or potential problem in your physical, mental, or emotional health could be affected by the use of a Game. Player Conduct: You further agree for the purposes of section number 7 of the EULA that when reporting abuse, we are not required to take action and that we may differ from you on the appreciation of the relevant facts. You agree that when reporting abuse, you will do so truthfully, and that falsely reporting abuse might be a cause for us to deny your access to the Services. Dispute Resolution and Governing Law. To the extent that section 22 of the EULA is found to be incompatible with arti-cle 92 of the Federal Consumer Protection Law by the Federal Consumer Protection Agency or local or federal judge in Mexico, the parties agree to be bound by the Federal Courts of Mexico City and, to the extent permitted by the Federal Consumer Protection Law, that the provisions of the Commerce Code will be applicable for interpreting the EULA and this addendum, followed by those of the Federal Civil Code, if necessary. Schedule A-10: Addendum for Residents in Canada If you are a consumer who is a resident of Canada, the following provisions apply. Ownership of the Services. If you Cheat, you agree that we may exercise any or all of our rights under this EULA, in-cluding termination of this EULA and your access to our Services. Purchasing or Obtaining Virtual Goods and Game Currency. Waiver of notice provided for under section 9(a) does not apply to you, to the extent prohibited by applicable law. Modifications, amendments, supplements, or terms are effective subject to notice as provided by applicable law and are hereby incorporated by reference into this EULA. If any change is unacceptable to you, you may terminate the use of your Game Account at any time. Changes to Game Currency and Virtual Goods. Waiver of notice provided for under section 9(c) does not apply to you, to the extent prohibited by applicable law. Subject to notice to the extent provided by applicable law, we, in our sole dis-cretion, may modify, substitute, replace, suspend, cancel, or eliminate any Game Currency or Virtual Goods, including your ability to access or use Game Currency or Virtual Goods. Service and EULA Modifications. Waiver of notice provided for under section 17 does not apply to you, to the extent prohibited by applicable law. Warranty Disclaimers. Waiver of legal warranties do not apply to you, to the extent prohibited by applicable law. Limitation of Liability. The limitation or exclusion of our liability for the consequences of our own acts will not apply to you, to the extent prohibited by applicable law. Termination. Payments and fees may be refundable solely to the extent provided by applicable law. Governing Law: Notwithstanding Section 22(a), any Dispute will be resolved in accordance with the laws of the prov-ince or territory in which you reside and the federal laws of Canada applicable therein, without reference to any choice of law rules, and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods. Dispute Resolution. Notwithstanding Section 22, either you or we may elect to have minimum requirements for the devices and systems on which you wish to play the Game. We may publish these minimum requirements onthe Dispute finally and exclusively resolved by binding arbitration, in your province or territory of residence, in accordance with the applicable website and/or otherwise notify youarbitration legislation. This section is set only to the extent permitted by law, and does not prevent action in writing. For an optimal experience, please ensure thatcourts of competent jurisdiction of the province or territory of your devices and systems will meet these requirements before playing the Game.principal residence where such a right cannot be excluded under applica-ble law. Language. Section 24(b) does not apply to you, to the extent prohibited by applicable law.
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(f) Seizure Warning. Schedule B-1: App Store Terms If you download a Game from the App Store, then notwithstanding anything in this EULA to the contrary, you acknowledge and agree that: We, and not the App Store, are solely responsible for the Game. The App Store has no obligation to provide any Game maintenance or support. If the Game cannot meet its warranties (if any), you may notify the App Store and the App Store will refund you the purchase price of the Game (if applicable) and, to the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to the Game. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility. The App Store is not responsible for addressing any claims you have or any claims of any third party relating to the Game or your possession and use of the Game, including, without limitation: (i) product liability claims; (ii) any claim that the Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the Game or your possession and use of the Game infringes that third party’s intellectual property rights, we will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this EULA. The App Store, and its subsidiaries, are third-party beneficiaries of this EULA and upon your acceptance of this EULA, the App Store will have the right to enforce this EULA against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with all applicable third-party terms of service or similar agreement when using the Game. Schedule C-1: Streaming Policy Introduction. We hope that you enjoy our games and support your interest in producing game-play videos, whether live or recorded (“Videos”), that share your gaming experiences with others, using images, video, sound effects, in-game music, or other assets from our games (“Content”). Please note however, that in most cases using our Content without our permission is illegal and a violation of our rights. This policy helps inform you of the limited rights we grant you to share your expe-rience 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 Stream-ing 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 lev-erage our Content must contain flashing lights, images, andcommentary, gameplay, or sufficient originality to make it, in our sole discretion, educa-tional 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 luminous stimulationsportions of this Streaming Policy: Monetization of your Video that leverages our Content through advertisements served by the platform which hosts your Video such as YouTube or Twitch (a “Platform”). Receiving donations via a donation link posted on your profile or in the Video description on a Platform. How you may induce epileptic seizuresdistribute your Video: Subject to the terms of the applicable EULA and this Streaming Policy, you may create Videos using our Content, and you’re free to distribute such Videos on websites where viewers are permitted to view these Videos without any charge of any kind. We understand that some websites may offer paid services. Provide that the website that hosts these Videos provides a free method to allow viewers to view them, you may distribute the Videos on that website. What you may not include in certain individuals. If you or anyoneyour 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 household hasVideo (unless you have an epileptic condition, please consultendorsement relationship with us as covered by a separate written or other agreement); Any information related to cheats, hacks, exploits, bugs, or third-party programs, including links to any of the forego-ing; 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 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 theVideos 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 and consultInformation (“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 begin-ning 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 Sixjoy Hong Kong Limited or its licensor(s) (“Sixjoy Hong Kong Limited”) and all rights in and to the same are reserved by Sixjoy Hong Kong Limited. This content is not official Sixjoy Hong Kong Limited content and is not endorsed or approved by Sixjoy Hong Kong Limited. Some additional important information: As solely determined by us, we may terminate your doctor.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.
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7. Player Conduct 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.
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You agree not to do any of the following with respect to the Services, as determined by us, as applicable:
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(a) use them commercially, for a promotional purpose, or for the benefit of any third party or in any manner not permitted by this EULA;
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(b) 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;
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(c) 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;
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(d) access or use them on more than one device at a time;
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(e) 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;
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(f) 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 Content;
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(g) 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;
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(h) remove, disable, circumvent, or modify any technological measure we implement to protect them or any of their associated intellectual property;
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(i) 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);
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(j) attempt to probe, scan or test its vulnerability or breach any security or authentication measures;
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(k) access, tamper with, or use non-public areas of the Services;
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(l) 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 liability;
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(m) 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;
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(n) 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;
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(o) 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;
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(p) 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 express permission;
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(q) 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;
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(r) 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;
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(s) 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; (t) play on another person’s Game Account to “boost” that Game Account’s status, level or rank;
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(u) 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;
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(v) encourage, promote, take part in or enable anyone else to do any of the foregoing; or
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(w) violate any applicable law or regulation. 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 [email protected].
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8. Ownership of the Services Our Services including our Content and Games are owned by us or our licensors. Our Services may let you upload, post and store photos and other content that you own. You retain your ownership of this content, to which we take a license.
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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.
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The Services (and particularly our Games) may have built-in mechanisms designed to prevent granting one user an unfair advantage over other users (these actions are “Cheating” and the software is the “Cheat Detection Software”). We may add or update our Cheat Detection Software periodically as we may require in our sole discretion. The Services and/or the Cheat Detection Software may collect and transmit details about your Game Account, gameplay, and unauthorized programs or processes in connection with Cheating, subject to our Privacy Policy and applicable law. In the event that we in our sole discretion conclude that you are Cheating, you agree that we may exercise any or all of our rights under this EULA, including termination of this EULA and your access to our Services. In addition, if you Cheat in one Game or Service, we may terminate your license to use all of our Games and Services.
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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.
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9. Virtual Goods and Game Currency 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.
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(a) Purchasing or 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.
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(b) 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 question 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 Goods 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 Account. (c) 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 EULA.
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10. Refunds 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.
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11. Beta Testing 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:
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(a) 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;
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(b) 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;
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(c) 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: (i) not use any Confidential Information other than as necessary to use the Beta in accordance with this EULA; (ii) maintain Confidential 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; (iii) not disclose the Confidential Information to any person or entity other than as permitted by us; and (iv) 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 discretion.
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(d) 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 and when we release a full (non-Beta) version of the particular Game, we may allow your use of the Game to continue to the full version. If so allowed by us, your continued use of the Game will no longer be subject to this Section 11, but will still be subject to the rest of this EULA.
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12. App Store; Console Games 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.
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Where a Game is made available to you via an App Store (whether on your mobile device or console), you acknowledge and agree to the terms in Schedule B-1 with respect to such Game.
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13. Feedback 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.
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We welcome your feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected] 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.
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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.
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14. DMCA/Copyright Policy We respect copyright law and expect our users to do the same. It’s our policy to terminate in appropriate circumstances Game Accounts of users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
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15. Third-Party Websites and Resources Outside links are for your convenience, but we can’t guarantee them.
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The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
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16. Data Charges and Mobile Devices This is a reminder that you’re responsible for any data-related charges that you may incur for using our Services.
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You are responsible for all data-related charges that you may incur for using our Services, including, without limitation, mobile, text-messaging, and data charges. You should understand or ask your service provider what charges you may incur before using the Services.
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17. Service and EULA Modifications 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.
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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.
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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.
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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.
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18. Warranty Disclaimers We don’t make any guarantees about the Services.
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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.
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19. Limitation of Liability This section limits what you can recover from us in a dispute.
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY PARTIES WILL NOT BE LIABLE IN ANY WAY FOR ANY:
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(a) LOSS OF PROFITS, (b) LOST REVENUE, (c) LOST SAVINGS, (d) LOSS OF DATA, OR (e) 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.
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Notwithstanding the foregoing, some countries, states, provinces, or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this EULA will prejudice such rights that you may have as a consumer of the Services.
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20. Indemnity If someone sues us based on your breach of this EULA or your access or use of the Services, you agree to defend us or pay for our defense in that lawsuit.
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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.
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21. Termination 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.
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To the fullest extent consistent with applicable law, we may suspend, modify or terminate your access to and use of the Services, including any Game, Virtual Goods, and Content, with no liability or notice to you, in the event that (a) we cease providing the Game to similarly situated users generally; (b) you breach any terms of this EULA (including the App Store Agreement(s) and our other policies specified in this EULA); (c) the owner of the applicable App Store terminates your App Store Account; or (d) we otherwise deem it necessary to suspend or modify your access to and use of the Services or terminate this EULA in our sole discretion. You may also terminate this EULA by deleting and uninstalling the Game on all of your devices or by deleting your App Store Account. A suspension or modification of your access to and use of the Services will result in your inability to access and use some or all features of the Services, as determined by us in our sole discretion. Upon any termination of this EULA, the rights granted to you will automatically terminate, you may no longer exercise any of those rights or this EULA. Subject to applicable law, we may, in our sole discretion, provide continued access to and use of the Services after such termination.
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Where required by applicable law, termination of this EULA does not require a court decision to affect termination or a notice served by a court bailiff as a prerequisite to termination.
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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.
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The following sections will survive termination of this EULA: 8 (first two sentences only), 13, 19, 20, 22 through 25, and this sentence of Section 21.
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22. Dispute Resolution and Governing Law You are agreeing to Laws of Singapore. If there is a dispute between us, we agree it’ll be resolved through arbitration, with each of us paying our own costs.
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(a) Governing Law. You agree that any dispute, controversy, difference, or claim arising out of or relating to this EULA, a Game, or the Services, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to this EULA, a Game, or the Services (collectively, “Disputes”) will be resolved in accordance with the laws of Singapore without reference to choice of law rules and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods. Any law or regulation which provides that the language of a contract will be construed against the drafter will not apply to this EULA.
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(b) Dispute Resolution. Any Dispute will be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) under the Arbitration Rules of the SIAC in force at the time of delivery of the arbitration notice, which rules are deemed to be incorporated by reference in this clause.
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(c) Arbitration Rules. The arbitration will be conducted in accordance with laws of Singapore with the seat of the arbitration in Singapore, and the language of the proceedings will be in English. The Tribunal will consist of three (3) arbitrators, with each party nominating one arbitrator within thirty (30) days after the delivery of the arbitration notice. The appointment of such arbitrators will be confirmed by the SIAC, and both arbitrators will be instructed to and will agree on the third arbitrator within ten (10) days of their confirmation by the SIAC. Should either party fail to appoint an arbitrator, or should the two arbitrators fail within ten (10) days to reach agreement on the third arbitrator, such arbitrator(s) will be appointed by the Secretary General of the SIAC. The arbitrators will award only such damages as are permitted to be awarded pursuant to this EULA.
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(d) Costs. Each party will pay its own costs and expenses (including, without limitation, counsel fees) of any such arbitration; provided, however, that the parties will equally share the fees and expenses of the arbitrators.
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(e) Injunctive Relief. Notwithstanding anything to the contrary in this EULA, either party may always apply to a court of competent jurisdiction for an injunction or any other legal or equitable relief.
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23. No Assignment You cannot transfer or assign this EULA to anyone else.
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You may not assign or transfer this EULA, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this EULA, without such consent, will be null and void. Notwithstanding the title of this Section, we may freely assign or transfer this EULA without restriction. Subject to the foregoing, this EULA will bind and inure to the benefit of the parties, their successors and permitted assigns.
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24. Miscellaneous 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.
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(a) Entire 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.
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(b) 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.
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(c) 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, the remaining terms of this EULA will remain in full force and effect.
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(d) 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 otherwise.
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(e) Your Status. You are not, nor acting on behalf of anyone who is: a. subject to sanctions or export restrictions maintained by the United Nations, People’s Republic of China, United States (e.g., the Specially Designated Nationals and Blocked Persons List (“SDN List”) or the Entity List), the United Nations Security Council, the United Kingdom (including the Consolidated List of Financial Sanctions Targets), the European Union and any Member State thereof (including the Consolidated List of Persons, Groups and Entities Subject to Financial Sanctions), or any other list of restricted persons maintained by any authority with jurisdiction over you (any person so listed being a “Restricted Person”); b. operating from or located or resident in a country or territory that is the target of comprehensive sanctions (“Embargoed Territories”).
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(f) General Trade Compliance. In connection with your use of the Services, you will comply with all applicable export controls and economic sanctions laws and regulations of the United Nations, People’s Republic of China, United States, European Union, United Kingdom, and other applicable government authorities (collectively, “Trade Laws”). You agree not to engage in any activities in connection with the use of the Services that would violate Trade Laws or that would risk placing us in breach of any Trade Laws. If we have reasons to believe that you are a Restricted Person, are in or a resident of Embargoed Territories, or otherwise engaging in activities that violate Trade Laws or would risk placing us in breach of any Trade Laws, we may, at our sole discretion, take any and all relevant actions, such as requesting you to cease the conduct that violates Trade Laws, disabling or suspending Services, terminating Services with immediate effect, or other remedial actions.
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(g) Third-Party 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.
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(h) EU Digital Services Act (DSA) and related legislation. Please refer to our DSA Landing Page where you can find: (a) information about our content moderation across our services and details on how you can notify us of any illegal or rule-breaking activity you come across; (b) details of our appointed legal representative and electronic point of contact for the purposes of the DSA; and (c) guidance for law enforcement and regulatory bodies should they wish to submit requests for the removal of illegal content in our services or information on certain users.
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25. Contact Information If you have any questions about this EULA or the Game, please contact us at our Support Email Address.
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Schedule A-1: Addendum for residents of European Union, UK, and Brazil
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For the purposes of this Schedule A-1: The EULA is a legal agreement between you and Sixjoy Hong Kong Limited, a company registered in Hong Kong with registered office at 29/F Three Pacific Place No.1 Queen's Road East Wanchai, Hong Kong, company registration number 58011219-000-02-23-3 if you are a resident of or located in the European Union, United Kingdom, or Brazil.
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Virtual Goods and Game Currency: Notwithstanding Section 9(c) of this EULA, 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 IN ACCORDANCE WITH THE TERMS OF THIS EULA, OR (II) MODIFICATION, TERMINATION OR EXPIRATION OF THIS EULA IN ACCORDANCE WITH THE TERMS OF THIS EULA. Warranty Disclaimers. Section 18 of this EULA is replaced in its entirety with the following: The Company Parties (being us, our affiliates, directors, officers, employees, agents, and licensors) make no warranty that the Services will at all times meet your requirements or be available on an uninterrupted, secure, or error-free basis. Limitation of Liability: Section 19 of this EULA is replaced in its entirety with the following:
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19. Limitation of Liability
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(a) NOTHING IN THIS EULA EXCLUDES OR LIMITS OUR LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY MATTER IN RESPECT OF WHICH IT WOULD BE UNLAWFUL FOR US TO EXCLUDE OR RESTRICT OUR LIABILITY.
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(b) WITHOUT AFFECTING SECTION 19(A), IF WE FAIL TO COMPLY WITH THIS EULA, WE ARE RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREACH OF THIS EULA OR OUR NEGLIGENCE, BUT WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF IT WAS AN OBVIOUS CONSEQUENCE OF OUR BREACH OR IF IT WAS CONTEMPLATED BY YOU AND US AT THE TIME THAT THIS EULA BECAME BINDING ON YOU AND US.
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(c) WITHOUT AFFECTING SECTION 19(A) ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY PARTIES ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE SERVICES WILL NOT EXCEED: (A) THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) OR ARE PAYABLE BY YOU TO US FOR THE PARTICULAR GAME OR SERVICE IN QUESTION; OR (B) IF (A) DOES NOT APPLY, FIFTY DOLLARS ($50 USD).
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Notwithstanding the foregoing, some countries, states, provinces, or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this EULA will prejudice such rights that you may have as a consumer of the Services.
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Termination: Notwithstanding the provisions of Section 21 of this EULA, save as required by applicable law, we may, in our sole discretion, provide continued access to and use of the Services prior to such termination. We will have no liability to you if we terminate this EULA due to your breach of this EULA or due to circumstances beyond our reasonable control.
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No Assignment: Notwithstanding the provisions of Section 23 of this EULA, we may freely assign or transfer this EULA without restriction, provided that: (a) we will give you notice of such assignment or transfer; and (b) if you do not consent to such assignment or transfer, this EULA will be terminated.
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Language: Notwithstanding the provisions of Section 24(b) of this EULA, the original language of this EULA is in English; any translations are provided for reference purposes or to satisfy legal compliance obligations.
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Moral Rights. Any reference to the waiver of moral rights under this EULA is not applicable to you.
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Cancellation of Virtual Goods and Game Currency. Notwithstanding the provisions of Section 10 of this EULA, you have a legal right to cancel your purchase of Virtual Goods and/or Game Currency – please see Exhibit 1 to this Schedule for more information.
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Additional Terms for Residents of EU and UK
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With respect to residents of EU and UK, the following additional terms apply:
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Dispute Resolution: Section 22 of this EULA is replaced in its entirety with the following:
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22. Dispute Resolution and Governing Law – EU and UK: The following applies if you are accessing, using, or have purchased the Services in the European Union or UK:
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(a) This EULA is governed by English law. This means that your access to and use of the Services, your purchasing of Virtual Goods and Content, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by English law.
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(b) You may bring any dispute which may arise under this EULA to – at your discretion - either the English courts, or to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court - competent to settle any of such a dispute. We shall bring any dispute which may arise under this EULA to the competent court of your country of habitual residence if this is in an EU Member State or otherwise in the English courts.
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(c) As a consumer, if you are resident in the European Union and we direct the Services to the Member State in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this EULA, including Section 22, affects your rights as a consumer to rely on such mandatory provisions of local law.
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(d) If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged and not willing to participate in online dispute resolution. Retail Purchases. Notwithstanding the provisions of Section 6(d) of this EULA, all terms regarding foreign exchange control regulations will not apply. Cancellation of Virtual Goods and Game Currency. Where you have purchased such Virtual Goods and/or Game Currency other than directly from us, the details of your right to cancel will be set out in the applicable third-party terms. However, where you purchase such Virtual Goods and/or Game Currency directly from us the following will apply:
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(i) prior to entering into this EULA or other agreement with us for the provision by us to you of such Virtual Goods and/or Game Currency, we will ask you to confirm that: (A) you wish to be provided with such Virtual Goods and/or Game Currency immediately on purchase; and (B) by providing such confirmation you waive your right to cancel under applicable law; and (ii) accordingly, by providing such confirmation you will waive your right to cancel your purchase of such Virtual Goods and/or Game Currency under applicable law. EULA Modifications. Notwithstanding the provisions of Section 17 of this EULA, if we need to update this EULA, we will provide you with 30 days' prior written notice of the changes and, following the expiry of such notice period, you will be prompted to agree to the updated EULA upon your next access to the Services or when the updated EULA is otherwise communicated to you. You must agree to these updates to continue using the Services. Except as required to allow you to continue to use any Virtual Content and/or Game Currency that you have purchased from us, you agree that we do not have any maintenance or support obligations with respect to the Services.
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Indemnity. Section 20 of this EULA is removed in its entirety and replaced with the following:
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20. Intentionally Omitted.
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Additional Terms for Residents of France
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With respect to residents of France, the following additional terms apply:
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Mediation: You have the right to turn to a mediator to solve a dispute under the Agreement. Pursuant to article L 616-1 of the French consumer Code, we inform you that the mediator(s) we have chosen is:
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Le service du Médiateur du e-commerce de la FEVAD 60 rue la Boétie 75008 PARIS [email protected] https://www.mediateurfevad.fr/
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Eligibility and Registration. You are responsible for all activities that occur under your Game Account, whether or not you know about them, unless you manage to prove that such use is fraudulent. If you believe that your Game Account is no longer secure, then you must immediately notify us at our Support Email Address.
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Licenses. The licenses defined in Sections 6(b), and 13 of this EULA are granted worldwide and for the duration of protection of intellectual property rights. The licenses defined in Sections 6(a) and 9(b) of this EULA are granted worldwide and for the duration of this EULA between you and us.
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Legal Warranty: Legal conformity warranty: In accordance with article L224-25-12 and seq. of the French Consumer code, we shall provide digital content or a digital service in compliance with the contract and the criteria set out in Article L. 224-25-14. Where the contract provides for a one-off supply of the digital content or service, or a series of separate supply operations, we are liable for any lack of conformity existing at the time of supply and which appears within two years of the supply. Where the contract provides for the digital content or digital service to be supplied on a continuous basis, we shall be liable for lack of conformity which becomes apparent during the period in which the digital content or digital service is supplied under the contract. The applicable period does not deprive the consumer of his right to updates in accordance with the provisions of Article L. 224-25-25.
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The starting point of the limitation period for the consumer's action is the day on which the consumer becomes aware of the lack of conformity. In the event of lack of conformity, the consumer is entitled to have the digital content or service brought into conformity or, failing that, to have the price reduced or the contract rescinded under the conditions provided by the French consumer code. The consumer also has the right to suspend payment of all or part of the price or delivery of the benefit provided for in the contract until the business has fulfilled its obligations in accordance with Articles 1219 and 1220 of the Civil Code.
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We will reimburse the sums or other benefit received under the contract to the consumer without undue delay and at the latest within fourteen days from the day on which we are informed by the consumer of his decision to exercise his right to reduce the price or rescind the contract.
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The trader shall reimburse these sums using the same means of payment as the one used by the consumer when the contract was concluded, unless the consumer expressly agrees otherwise and in any event without any additional cost.
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Additional Terms for Residents of Germany
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With respect to residents of Germany, the following additional terms apply:
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Limitation of Liability. Section 19(a) is replaced with the following:
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Nothing in this EULA excludes or limits our liability for: (a) in case of intent (‘Vorsatz’) and gross negligence (‘grobe Fahrlässigkeit’); (b) in case of injuries to life, physical integrity/body or health; (c) pursuant to the terms of the German Product Liability Act (‘Produkthaftungsgesetz’); and/or (d) under a guarantee we give.
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We shall be liable for losses caused by breach of our Cardinal Duties. “Cardinal Duties” are such basic duties which form the essence of EULA, which were decisive for the conclusion of this EULA and on the performance of which you may rely. If we breach a Cardinal Duty through slight negligence (‘leichte Fahrlässigkeit’), then our ensuing liability shall be limited according to Section 19(c).
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Additional Terms for Residents of Italy
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With respect to residents of Italy, the following additional terms apply:
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Nothing in this EULA excludes or limits our liability: (a) in case of willful misconduct (‘dolo’) and gross negligence (‘colpa grave’); (b) in case of injuries to life, physical integrity/body or health; (c) pursuant to the terms of the Italian Consumer Code with reference to product liability.
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Additional Terms for Residents of Poland
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With respect to residents of Poland, the following additional terms apply:
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Nothing in this EULA excludes or limits our liability for: (a) wilful misconduct (‘wina umyślna’); (b) in case of injuries to life, physical integrity/body or health; (c) under statutory warranty (for consumers only) or (d) unsafe product.
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Additional Terms for Residents of Brazil:
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With respect to residents of Brazil, the following additional terms apply:
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EULA Modifications. Notwithstanding any contrary provision in the EULA, modifications, amendments, supplements or terms to our fees, billing methods and terms applicable to App Currency, Virtual Goods or any purchases shall be effective 30 days after you receive notice of the changes from us in any form.
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Dispute Resolution – Brazil. Notwithstanding any contrary provision in the EULA, if you are accessing, using, or have purchased the Services in Brazil, you agree that any action related to this EULA will be resolved in accordance with the Brazilian laws, and that any dispute arising out of or in relation to this EULA shall be brought exclusively in the Brazilian courts, provided that you may choose to litigate in the court of your domicile.
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Exhibit 1 to Schedule A-1: Addendum for Cancellation (European Union, UK, and Brazil)
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Right of Cancellation:
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You have a legal right to cancel your purchase of Virtual Goods and/or Game Currency within 14 days without giving any reason.
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The cancellation period shall be 14 days from the date on which you or a third party designated by you have taken possession of the Virtual Goods and/or Game Currency.
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In order to exercise your right of cancellation, you must inform us of your name, postal address and, where available, your telephone number, fax number and e-mail address via the Support Email Address, and clearly state your decision to cancel your purchase of Virtual Goods and/or Game Currency from this EULA. You may use the Model Withdrawal Form, below, which is not mandatory. Alternatively, you can withdraw using any other clear statement setting out your decision to cancel the contract.
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Your purchase of Virtual Goods and/or Game Currency will be deemed cancelled within the cancellation period if you sent the notification before the cancellation period expires.
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Consequences of the Cancellation:
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If you cancel your purchase of Virtual Goods and/or Game Currency, then we shall promptly remove the Virtual Goods or Game Currency associated with your purchase from your account, and we shall reimburse you immediately and no later than 14 days from the date on which we received notice of your cancellation for all payments we have received from you. Such refund will be made using the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you, and in no event will you be charged for such refund.
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Model Withdrawal Form
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(Complete and return this form only if you wish to withdraw from the contract)
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I hereby give notice that I cancel my purchase of Virtual Goods and/or Game Currency (choose as applicable; please further describe so it is possible to identify to which Virtual Goods and/or Game Currency the cancellation refers).
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- ordered on (please add date)/received on (please add date);
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- your name;
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- your address;
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- your signature (only if this form is notified on paper); and
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- date.
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Schedule A-2: Addendum for residents of the United States
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Dispute Resolution and Governing Law: Section 22 of this EULA is replaced with its entirety with the following:
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This section applies if you live in and/or access, use, or purchase the Services in the United States.
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With limited exceptions, a Dispute will be resolved solely by final and binding arbitration. You and we agree that we are each waiving the right to a trial by jury.
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(a) Mandatory Arbitration of Disputes . We each agree that any and all Disputes between us (except those specifically exempted below in Section 22(b)) shall be resolved exclusively through final and binding arbitration conducted by the American Arbitration Association (“AAA”). A “Dispute” means any dispute, controversy, or claim arising out of or relating in any way to this EULA or the Services. We each waive the right to bring such Disputes to court, including the right to a jury trial, where applicable.
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(b) Exceptions. As limited exceptions to Section 22(a) above: (i) Instead of initiating an arbitration, either of us may seek to resolve a Dispute in small claims court if it qualifies. If a Dispute qualifies for small claims court, but a party commences an arbitration proceeding, either party may elect instead to have the Dispute resolved in small claims court, and upon written notice of a party’s election, the AAA will administratively close the arbitration proceeding. Any disagreement about whether a Dispute qualifies for small claims court shall be resolved by that court, not by an arbitrator. In the event of any such Dispute, the arbitration proceeding shall remain closed unless and until a decision by the small claims court that the Dispute should proceed in arbitration. (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 intellectual property rights. (iii) We each retain the right to litigate the entitlement to and extent of public injunctive relief in court (as provided below in Section 22(g)). If there is a Dispute between us, you and we agree to first attempt to resolve it informally.
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(c) Informal Dispute Resolution. If there is a Dispute between us, we each agree to first attempt to negotiate any Dispute informally for at least sixty (60) days before initiating any arbitration (or court proceeding, if any of the exceptions in Section 22(b) applies). If you have a Dispute with us, you must first send us a written notice of your Dispute ("Notice of Dispute"). The Notice of Dispute should be sent to [email protected]. Your Notice of Dispute must be individual to you and must include your game id and both the mailing address and email address you would like us to use to contact you. If we have a Dispute with you, we will send a Notice of Dispute to the contact information we have in our files for you. A Notice of Dispute must (i) describe the nature and basis of the Dispute; and (ii) set forth the specific amount of damages or other relief sought. A Notice of Dispute will not be valid and will not allow you or us later to initiate arbitration or court proceeding, unless it contains all of the information required by this paragraph. You and we agree that informal efforts to resolve disputes often can result in a prompt and efficient resolution. We therefore agree that, after a Notice of Dispute is sent but before either of us commence arbitration, we will personally meet, via telephone or videoconference, in a good-faith effort to resolve informally any Dispute. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference. Likewise, if we are represented by counsel, our counsel may participate in the conference, but we will have a company representative fully participate in the conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph. We each agree that either of us may not commence any arbitration or court proceeding unless you and we are unable to resolve the Dispute within sixty (60) days after one party receives the other party’s completed Notice of Dispute and the party sending the Notice of Dispute has made a good faith effort to resolve its claim directly with the other party during that time. The AAA’s Consumer Arbitration Rules, including Rules on costs, will apply, unless modified by this EULA. Arbitration will be near where you live.
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(d) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted under AAA’s 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. Your Demand for Arbitration must include your game id, which is necessary for proving the existence of an agreement to arbitrate between us. You must provide your game id in your Demand for Arbitration as a condition of commencing an arbitration. Your failure to do so shall be a basis for dismissal of your claim, including by a process arbitrator who is appointed in a mass arbitration, as defined in AAA Mass Arbitration Supplemental Rules (available at https://www.adr.org/sites/default/files/Mass_Arbitration_Supplementary_Rules.pdf) You and we agree that the arbitrator shall have exclusive authority to decide all issues relating to the validity, interpretation, applicability, scope, and enforceability of this agreement to arbitrate, including the arbitrability of any Dispute.
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Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location.
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(e) Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, including any fee supplements the AAA issues. If we prevail in arbitration, we are entitled to seek an award of attorneys’ fees and expenses if the arbitrator finds your Dispute frivolous; we will pay all of our attorneys’ fees and costs and won’t seek to recover them from you in all other circumstances. If you prevail in arbitration, you will be entitled to seek an award of attorneys’ fees and expenses to the extent provided under applicable law. You agree not to initiate or participate in a class action and only bring claims as an individual. Your dispute can’t be combined with other people’s claims.
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(f) Class Action Waiver. YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, unless you and we both agree, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. Except for Section 22(b), the arbitration may only award injunctive relief for the party seeking injunctive relief, and to the extent necessary to provide that relief. Any public injunctive relief sought must be litigated in a civil court after determinations of liability are made by the arbitrator.
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(g) Injunctive and Declaratory Relief. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that a party seeks public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in court and not in arbitration, after all issues of liability are decided by the arbitrator. You and we agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any issues of liability in arbitration. The laws of the state of your domicile or where you access, use, or purchase the Services govern our Disputes, except that the Federal Arbitration Act governs everything related to arbitration. You and we agree to the exclusive jurisdiction and venue of federal or state court in the Northern District of California for all disputes heard in court (excluding arbitration).
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(h) Governing Law. If you live in the United States, any Dispute between us will be governed by the laws of the state of your domicile, without regard to its conflict of laws provisions, except that the Federal Arbitration Act governs everything related to arbitration. If you do not live in the United States, but you access, use, or purchase the Services in the United States, any Dispute between us will be governed by the laws of the U.S. state where you access, use, or purchase the Services, without regard to its conflict of laws provisions, except that the Federal Arbitration Act governs everything related to arbitration.
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(i) Forum and Venue. Except as otherwise expressly set forth in this Section 22: (i) If U.S. federal jurisdiction exists, you and we consent to exclusive jurisdiction and venue in the federal court in the Northern District of California for all disputes heard in court (excluding arbitration); and (ii) If U.S. federal jurisdiction does not exist, you and we consent to exclusive jurisdiction and venue in the state court in the Northern District of California for all disputes heard in court (excluding arbitration). If a part of this Section is unenforceable, the rest still applies. This Section survives termination.
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(j) Severability. Except for paragraph (f) of this Section 22, if an arbitrator or court decides that any part of this Section 22 is invalid or unenforceable, the other parts will still apply. If an arbitrator or court decides that paragraph (f) Class Action Waiver is invalid or unenforceable, then this entire Section 22 shall be void and unenforceable, except for paragraph (h) Governing Law, paragraph (i) Forum and Venue, and paragraph (k) Survival.
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(k) Survival. Section 22 survives termination of this EULA.
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Schedule A-3: Addendum for Residents of South Korea
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For the purposes of this Schedule A-3: The EULA is a legal agreement between you and Sixjoy Hong Kong Limited, a company registered in Hong Kong with registered office at 29/F Three Pacific Place No.1 Queen's Road East Wanchai, Hong Kong, company registration number 58011219-000-02-23-3 if you are a resident of or located in South Korea.
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Amendment Regarding Responsibility of a Legal Representative of a Minor: Notwithstanding Section 5(a) of this EULA, the legal representative of a minor hereby acknowledges and agrees that he/she is responsible for the Game Account created by the minor or the details of use of the Game Account by a user with respect to whom the legal representative gave consent when such user uses the Service.
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Amendments and changes of fees, billing methods and terms applicable to Game Currency, Virtual Goods or to any purchases: Notwithstanding Section 9(a) of this EULA, we may modify, amend or supplement our fees, billing methods and terms applicable to Game Currency, Virtual Goods, or any purchases, and give a public notice of those changes to users by posting them within the Game Service or on the connection screen. When we notify you or publicly post those changes, we will also notify you or otherwise disclose that if a user does not express his/her consent or refusal, he/she will be deemed to have consented to those changes, and in case you fail to expresses your refusal by the date on which such changes take effect, we will consider you having consented to such changes. If any change is unacceptable to you, you may refuse such change and terminate the use of your Game Account.
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Changes to Game Currency and Virtual Goods: The terms stipulating the changes made without notice to users and the users’ waiver of any and all legal claims under Section 9(c) of this EULA will not apply to you. Unless otherwise prohibited under applicable laws, we may modify, substitute, replace, suspend, cancel, or eliminate any Game Currency or Virtual Goods, including your ability to access or use Game Currency or Virtual Goods, in which case we will notify you of such changes within the Service in advance. Notwithstanding the foregoing, if it is unavoidably necessary to make any changes, such as correction of bugs/errors and urgent updates, or if the changes are not material, we may give a public notice of those changes afterward.
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Limitation of Liability: Section 19 of this EULA is amended as follows:
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Each of the Company and the user (the “Indemnifying Party”) shall indemnify the other party from all losses that arise out of any breach by the Indemnifying Party of this EULA; provided, however, that the foregoing shall not apply if such breach is not attributable to the Indemnifying Party’s intentional or negligent behavior.
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Notwithstanding the foregoing, we shall not be held liable in any of the following cases:
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(a) We shall not be liable for providing the Service, in case where the Service cannot be provided due to natural disaster or any equivalent force majeure event.
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(b) We shall not be liable for any losses that arise out of the maintenance, replacement, regular inspection, or construction of facilities for the Service or any other reasons equivalent thereto, unless such losses are attributable to our intentional or negligent behavior.
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(c) We shall not be liable for any disruption in using the Service which is attributable to the user’s intentional or negligent behavior, unless the user has unavoidable or justifiable reasons.
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(d) We shall not be liable for the reliability or accuracy of information or materials uploaded or posted by users in connection with the Service, unless we act intentionally or grossly negligently.
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(e) We do not have any obligation to intervene in any transaction or dispute which takes place between you and another user or a third party in connection with the Service, and shall not be liable for any losses arising therefrom.
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(f) We shall not be liable for any losses incurred by users which arise in connection with use of any free Service, unless such losses are attributable to our intentional or grossly negligent behavior.
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(g) We shall not be liable for your failure to obtain expected profits or your loss of profits by using the Service.
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(h) We shall not be liable for your losses of experience points, level, items, or Game Currency within the Game, unless such losses are attributable to our intentional or negligent behavior.
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(i) We shall not be liable for your payments by a third party which arise due to your failure to manage the password of your mobile device or the password provided by your online marketplace operators, unless any losses are attributable to our intentional or negligent behavior.
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(j) We shall not be liable for your inability to use whole or part of the Services due to any change of your mobile device or its number or OS version, overseas roaming, change of mobile carrier, etc., unless such inability is attributable to our intentional or negligent behavior.
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(k) We shall not be liable for your deletion of any Content or Account information we have provided, unless such deletion is attributable to our intentional or negligent behavior.
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(l) We shall not be liable for any losses incurred by a guest member which arise out of his/her use of the Service, unless such losses are attributable to our intentional or negligent behavior.
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Termination: Section 21 of this EULA is amended as follows:
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We may suspend whole or part of Services in the event that (a) it is necessary for operation of the system, including regular inspection on the system, increase or replacement of servers, network unstability, etc.; (b) it is impossible to normally provide the Services due to power failure, breakdown of a Service facility, traffic overload, repair or inspection of facilities by telecommunications service provider, etc.; or (c) war, incident, natural disaster or national emergency equivalent thereto or any other event beyond our control occurs. In such case, we will provide the prior notification of the reasons for and duration of such suspension on the beginning screen of the Game or the notice section of the Services; provided, however, that if we cannot provide the prior notification for a justifiable reason, we may notify you afterward.
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As an elaboration of what is permitted by law as mentioned in Section 10 of this EULA, users who are residents of Korea have the following legal rights when purchasing Virtual Goods or Game Currency:
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Unless otherwise provided in this EULA or other terms and conditions of transaction, end-users may cancel their purchase within 7 days from the date on which the end-user is notified of the purchase of virtual items/currency. However, the purchase cannot be canceled if the user has used or partially consumed virtual goods or game currency, or in other cases stipulated by applicable laws of Korea. However, notwithstanding the above, if the contents of the virtual goods or game currency are different from the display/advertisement contents provided by us, or if the contents are performed differently from the contract contents, the user may cancel within three months from the date of receiving the virtual good or game currency, or within 30 days from the date he/she knew or could have known such fact.
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When a refund is received for purchase cancellation, refunds will be processed by the App Store operator where you made relevant purchase according to their refund operation policy and procedure.
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If a user who is a minor under the laws of Korea concludes a purchase contract for virtual goods or game currency, the Company informs the minor that his/her guardian or the minor himself/herself may cancel the contract, if his/her guardian does not agree in regard to the contract. We may request the submission of documents proving that you are a minor or a legal representative. However, if a minor purchases virtual goods or game currency with the property permitted for disposition by their legal representative, if a minor has deceived us into believing that he is an adult, or if the minor has the consent of his legal representative, the contract cannot be cancelled.
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Effect of withdrawal of subscription: If you cancel your purchase, we will retrieve or delete the canceled Virtual Goods or Game Currency. Please note that we may only retrieve or cancel such Virtual Goods or Game Currency after platform operator has notified us about the refund. Local representative: Pursuant to the Game Industry Promotion Act of Korea, we have designated a local representative in Korea as follows.
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Bae, Kim & Lee LLC (Representative Attorney Soonik Kwon) Phone number: +82-2-3404-0012 Email: [email protected] Address: Centropolis B, 26, Ujeongguk-ro, Jongno-gu, Seoul, Republic of Korea (Zip code: 03161)
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Schedule A-4: Addendum for Residents of Japan
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Age: The age of majority as referred to in Section 5(a) in this EULA means, prior to April 1, 2022, those who are 20 years of age or more, and, on and after said date, those who are 18 years of age or more. If you are a minor, you must have your parent or other legal guardian read and accept this EULA before creating a Game Account.
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Moral Rights: Any reference to the waiver of moral rights under this EULA is not applicable to you. You agree not to exercise any of your moral rights to the User Content, including the right to be indicated as the author of the User Content, against us or any third party designated by us.
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EULA Modifications: Notwithstanding the provisions of Section 17 of this EULA, we may modify this EULA in accordance with the applicable law. In the case of any modification to this EULA, the effective date of the modification and the contents of this EULA after the modification will be posted on our website or otherwise notified to you by a method separately determined by us. If you use the Services after the effective date of the modification of this EULA, you shall be deemed to have agreed to the revised EULA.
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Limitation of Liability: Any reference to the limitation on our liability to you under this EULA (including Section 19) does not apply to damage incurred by you as a result of our intentional acts or gross negligence.
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Schedule A-5: Addendum for Residents of Morocco
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In this EULA, “we” refer to a company registered in Hong Kong with registered office at 29/F Three Pacific Place No.1 Queen's Road East Wanchai, Hong Kong , company registration number 58011219-000-02-23-3 .
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Amendments and changes of fees, billing methods and terms applicable to Game Currency, Virtual Goods or to any purchases: Notwithstanding provisions of section 9, changes to our fees, billing methods and terms applicable to Game Currency, Virtual Goods or to any purchases, shall be effective immediately upon notification duly received by you, and shall be incorporated by reference into this EULA. If any change is unacceptable to you, you may decline these changes and terminate the use of your Game Account at any time.
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Changes to Game Currency and Virtual Goods. Waiver of notice provided for under section 9(c) does not apply to you. Except as otherwise prohibited by applicable law, and subject to reasonable notice, we, in our sole discretion, may modify, substitute, replace, suspend, cancel, or eliminate any Game Currency or Virtual Goods, including your ability to access or use Game Currency or Virtual Goods.
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Right of legal recourse: Any reference to a waiver of any legal recourse relating to purchased Game Currency, Virtual Goods, or to any purchase under sections 1 and 9(c) is not applicable to you.
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Moral Rights: Any reference to the waiver of moral rights under this EULA is not applicable to you. You do, however, allow us to use any User Content anonymously without indicating your name, if applicable, and to edit, amend, cut, annotate, illustrate, provide any other comments to User Content as we deem reasonable and appropriate.
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Refunds: Notwithstanding provisions of section 10 of this EULA, we may not revoke your license to purchased Virtual Goods, and/or Game Currency, and/or any other purchase without reasonable notice nor your serious misconduct. You may also exercise your right of withdrawal within seven (7) days of your acceptance of the license or, where applicable, of each purchase.
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Also, in the event that we are unable to honor any of your purchases within seven (7) days, your withdrawal right period is extended to eight (8) more days following the expiry of your initial seven (7) withdrawal period as provided under Moroccan law 31-08 on consumer protection.
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Service and EULA Modification: Notwithstanding provisions of section 17 of the EULA, you will be prompted to accept or decline any Service and EULA Modification. If any change is unacceptable to you, you may decline these changes and terminate the use of your Game Account at any time.
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Warranty Disclaimers: Provisions of section 18 apply to purchased Virtual Goods and/or purchased Game Currency, provided that such purchases fulfill and comply with their announced characteristics and description thereof at the time of purchase.
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Indemnity: Your obligation to indemnify us is limited to actual damage suffered by us directly caused by your act, fault, or gross negligence.
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Dispute Resolution and Governing Law: Any dispute, controversy, difference, or claim arising out of or relating to this EULA, a Game, or the Services, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to this EULA, a Game, or the Services (collectively, “Disputes”) will be resolved in accordance with the laws of Morocco.
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In the event of a Dispute, the competent court shall be the court having jurisdiction over your place of residence.
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Language: This EULA is provided to you with an Arabic translation.
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Schedule A-6: Addendum for Residents of Tunisia
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Moral Rights: Any reference to the waiver of moral rights under this EULA is not applicable to you. You do, however, allow us to use any User Content anonymously without indicating your name, if applicable, and to edit, amend, cut, annotate, illustrate, provide any other comments to User Content as we deem reasonable and appropriate.
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Refunds: Notwithstanding provisions of section 10 of this EULA, we may not revoke your license to purchased Virtual Goods, and/or Game Currency, and/or any other purchase without reasonable notice nor your serious misconduct. You may also exercise your right of withdrawal within ten (10) days of your acceptance of the license or, where applicable, of each purchase.
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Warranty Disclaimers: Provisions of section 18 apply to purchased Virtual Goods and/or purchased Game Currency, provided that such purchases fulfill and comply with their announced characteristics and description thereof at the time of purchase.
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Schedule A-7: Addendum for residents of Australia
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For the purposes of this Schedule A-8: The term "Services" means collectively, and sometimes individually, the following: (a) each of our Games, and (b) any websites, software or other services we provide with or in support of the Game, whether or not they are installed or used on a computer, console, or a mobile device (i.e. it is as otherwise defined in the EULA). If we use the term "services" without capitalization, it means any benefits, privileges, or facilities we provide to you under this EULA. The term "Australian Consumer Law" refers to Schedule 2 of the Competition and Consumer Act (2010).
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Moral Rights: Any reference to the waiver of moral rights under this EULA is not applicable to you. You do, however, allow us to use any User Content anonymously without indicating your name, if applicable, and to edit, amend, cut, annotate, illustrate, provide any other comments to User Content as we deem reasonable and appropriate.
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License – Retail Purchase: Notwithstanding provisions of section 6 of this EULA, our codes or keys come with guarantees that cannot be excluded under the Australian Consumer Law. Pursuant to the Australian Consumer Law, if we are deemed the manufacturer of the code or key you can elect to seek a remedy from us rather than a third party who you purchased your code or key from. Other than any obligations we have under the Australian Consumer Law, we will have no responsibility for these codes or keys purchased from any third party or if any purchase occurred in breach with any applicable foreign exchange control regulations.
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Changes to Game Currency and Virtual Goods: Notwithstanding provisions of section 9 of this EULA, our Services and Games come with guarantees under the Australian Consumer Law, which are not excluded.
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Refunds: Notwithstanding provisions of section 10 of this EULA, the provision of refunds is subject to applicable law, including, but not limited to, the extent required under the Australian Consumer Law. All Games, Virtual Goods and Game Currency are not redeemable, refundable, or eligible for any other alternate remedy for any “real world” money or anything of monetary value, unless we have obligations to provide you with a remedy under the Australian Consumer Law, or otherwise if they are defective, unavailable, or do not perform in accordance with the specifications we provide.
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Beta Testing: Notwithstanding provisions of section 11 of this EULA, unless you are otherwise entitled to a remedy pursuant to the Australian Consumer Law, termination of a Beta by us and your participation in a Beta does not entitle you to any compensation or any free Services, including any Content and Game Currency.
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Accessing a Game from an App Store. Notwithstanding provisions of section 12 of this EULA, where a Game is made available to you via an App Store, the provisions of this EULA are subject to any obligations we may have under the Australian Consumer Law which cannot be excluded.
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Warranty Disclaimers: Notwithstanding provisions of section 18 of this EULA, for the Services you acquired directly from us, our Services come with guarantees that cannot be excluded under the Australian Consumer Law. In addition, even if you acquired our Services from a third party, you may be entitled to a remedy from us if we are the manufacturer of the Services, as provided for under the Australian Consumer Law. Third-party branded products purchased from us may also come with guarantees that cannot be excluded under the Australian Consumer Law.
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The Warranty Disclaimers in Section 18 of the EULA only apply to the extent permitted by law, including to the extent permitted under the Australian Consumer Law.
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Limitation of Liability: Notwithstanding provisions of section 19 of this EULA, any limitation of liability is only expressed to the extent permitted under applicable law, including the Australian Consumer Law, which provides guarantees and remedies which cannot be excluded. The remedy you are entitled to under the Australian Consumer Law from us in the event of a failure to comply with the consumer guarantees will depend on whether we are the supplier and/or the manufacturer of the Services you acquire, and whether the failure is a major or minor failure.
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For example, if we are the supplier of the Services to you, for major failures with a service, you are entitled to cancel your service contract with us, and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
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Termination: Notwithstanding provisions of section 21 of this EULA, in certain circumstances, you may be entitled to a remedy under to the Australian Consumer Law.
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Dispute Resolution and Governing Law. Notwithstanding provisions of section 22 of this EULA, the governing law is set only to the extent permitted by law, and does not prevent action in a Court where a statutory right which cannot be excluded arises.
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Schedule A-8: Addendum for Residents in Mexico
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We are a company registered in Hong Kong with address at 29/F Three Pacific Place No.1 Queen's Road East Wanchai, Hong Kong , company registration number 58011219-000-02-23-3 . This addendum will only apply if you reside in Mexico and the laws of Mexico are applicable to you.
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Limitations: To the extent that the EULA would conflict with the Federal Consumer Protection Law, we agree to abide by the provisions of such law and not the provisions of the EULA, while the remaining provisions of the EULA shall apply mutatis mutandi. We may modify or terminate our obligations to the extent permitted by the Federal Consumer Protection Law; particularly for the situations out of our control as set forth in Section 9(c). We can also suspend or terminate our Service to you if we reasonably decide that you have breached the EULA or this addendum or if we determine that you are behaving improperly towards other users or our employees, agents, or contractors, or as may be required under the applicable law, or for technical reasons such as maintenance, updates and other technical or financial reasons in accordance with the nature of the Game.
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Refund: The provisions of the EULA regarding refunds in section 10 of the EULA will not apply to the extent that they conflict with our obligations under the Federal Consumer Protection Law of Mexico. All remaining provisions of the EULA will remain in force mutatis mutandi.
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License and Use of the Services: To the extent permitted by the laws of Mexico, a license granted under section 6 with respect to the User Content also includes a license to use your personal image to the extent it is visible on the User Content. Should you wish to exercise your rights under article 87 of the Federal Copyright Law to revoke authorization to use your image, you may do so by sending an email to the Support Email Address detailing the content in which your image is shown. You hereby acknowledge that you authorize a grace period of thirty natural days upon receipt of your request to delete the content or edit it as to remove your personal image from it.
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In case you wish to exercise the Moral Rights over the User Contents prescribed by article 21 of the Federal Copyright Law, you agree to send an email to the Support Email, detailing the right you wish to exercise, and the User Content involved. You further agree to cover any and all expenses, damages and lost profits that may be generated by the compliance with such request both to us and to third parties in advance. You further provide us with a term no less than six calendar months to comply with your request, upon your payment of the respective expenses, damages, and lost profits.
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Minimum Requirements. You acknowledge and agree that we assume no liability in the event that your device is incompatible with the minimum requirements, or if its configuration does not allow you to play the Game with the desired quality. We assume no responsibility for any modifications that you may make to your device, its configuration, or any third-party software you install on it.
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Seizure warning. The provisions of 6(f) apply mutatis mutandi to any other physical, neurological, psychological, emotional, or psychiatric issue, condition, or problem you may have, and which may be affected or altered by the use of a Game. It is your responsibility to contact your healthcare provider to determine if any actual or potential problem in your physical, mental, or emotional health could be affected by the use of a Game.
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Player Conduct: You further agree for the purposes of section number 7 of the EULA that when reporting abuse, we are not required to take action and that we may differ from you on the appreciation of the relevant facts. You agree that when reporting abuse, you will do so truthfully, and that falsely reporting abuse might be a cause for us to deny your access to the Services.
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Dispute Resolution and Governing Law. To the extent that section 22 of the EULA is found to be incompatible with article 92 of the Federal Consumer Protection Law by the Federal Consumer Protection Agency or local or federal judge in Mexico, the parties agree to be bound by the Federal Courts of Mexico City and, to the extent permitted by the Federal Consumer Protection Law, that the provisions of the Commerce Code will be applicable for interpreting the EULA and this addendum, followed by those of the Federal Civil Code, if necessary.
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Schedule A-9: Addendum for Residents in Canada
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If you are a consumer who is a resident of Canada, the following provisions apply.
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Ownership of the Services. If you Cheat, you agree that we may exercise any or all of our rights under this EULA, including termination of this EULA and your access to our Services.
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Purchasing or Obtaining Virtual Goods and Game Currency. Waiver of notice provided for under section 9(a) does not apply to you, to the extent prohibited by applicable law. Modifications, amendments, supplements, or terms are effective subject to notice as provided by applicable law and are hereby incorporated by reference into this EULA. If any change is unacceptable to you, you may terminate the use of your Game Account at any time.
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Changes to Game Currency and Virtual Goods. Waiver of notice provided for under section 9(c) does not apply to you, to the extent prohibited by applicable law. Subject to notice to the extent provided by applicable law, we, in our sole discretion, may modify, substitute, replace, suspend, cancel, or eliminate any Game Currency or Virtual Goods, including your ability to access or use Game Currency or Virtual Goods.
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Service and EULA Modifications. Waiver of notice provided for under section 17 does not apply to you, to the extent prohibited by applicable law.
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Warranty Disclaimers. Waiver of legal warranties do not apply to you, to the extent prohibited by applicable law.
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Limitation of Liability. The limitation or exclusion of our liability for the consequences of our own acts will not apply to you, to the extent prohibited by applicable law.
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Termination. Payments and fees may be refundable solely to the extent provided by applicable law.
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Governing Law: Notwithstanding Section 22(a), any Dispute will be resolved in accordance with the laws of the province or territory in which you reside and the federal laws of Canada applicable therein, without reference to any choice of law rules, and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods.
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Dispute Resolution. Notwithstanding Section 22, either you or we may elect to have the Dispute finally and exclusively resolved by binding arbitration, in your province or territory of residence, in accordance with the applicable arbitration legislation. This section is set only to the extent permitted by law, and does not prevent action in courts of competent jurisdiction of the province or territory of your principal residence where such a right cannot be excluded under applicable law.
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Language. Section 24(b) does not apply to you, to the extent prohibited by applicable law.
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Schedule B-1: App Store Terms
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If you download a Game from the App Store, then notwithstanding anything in this EULA to the contrary, you acknowledge and agree that:
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 We, and not the App Store, are solely responsible for the Game.  The App Store has no obligation to provide any Game maintenance or support.  If the Game cannot meet its warranties (if any), you may notify the App Store and the App Store will refund you the purchase price of the Game (if applicable) and, to the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to the Game. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.  The App Store is not responsible for addressing any claims you have or any claims of any third party relating to the Game or your possession and use of the Game, including, without limitation: (i) product liability claims; (ii) any claim that the Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.  In the event of any third-party claim that the Game or your possession and use of the Game infringes that third party’s intellectual property rights, we will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this EULA.  The App Store, and its subsidiaries, are third-party beneficiaries of this EULA and upon your acceptance of this EULA, the App Store will have the right to enforce this EULA against you as a third-party beneficiary thereof.  You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.  You must also comply with all applicable third-party terms of service or similar agreement when using the Game.
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Schedule C-1: Streaming Policy
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Introduction.
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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.
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Your use of our Content in Videos must be limited to non-commercial purposes, except as expressly stated under this Streaming Policy:
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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).
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We do however permit you to receive payment based on the following two methods, provided you comply with the other portions of this Streaming Policy:
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 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.
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How you may distribute your Video:
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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.
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What you may not include in your Video that leverages our Content:
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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:
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 Anything that could imply that the Video is produced by us or that we endorse you or your Video (unless you have an endorsement relationship with us as covered by a separate written or other agreement);  Any information related to cheats, hacks, exploits, bugs, or third-party programs, including links to any of the foregoing; nor  Uses of our Content that breach applicable law or are derogatory to us or that, in our discretion, may damage the value, goodwill, or reputation of us, our affiliates, our products, Content, or brands.  Any behavior or conduct that violates public morals and ethics.
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Ratings – keep your Videos appropriate as follows:
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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”).
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Disclosure – you must identify us as the copyright holder of our Content and disclaim our endorsement:
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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:
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 Portions of the content provided here, including trademarks and copyrights and any other intellectual property rights, are owned or held by Sixjoy Hong Kong Limited or its licensor(s) (“Sixjoy Hong Kong Limited”) and all rights in and to the same are reserved by Sixjoy Hong Kong Limited. This content is not official Sixjoy Hong Kong Limited content and is not endorsed or approved by Sixjoy Hong Kong Limited. Some additional important information:
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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.

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