Game End User License Agreement
Last Updated: 9th Nov,2018
1.What is this document? When can I play?
You are now reading our End User License Agreement (“EULA”) which is a legal agreement between you and Proxima Beta PTE. Limited, 10 ANSON ROAD, #21-07 INTERNATIONAL PLAZA, SINGAPORE,079903 (“Proxima Beta PTE. Limited,” or “we”, “us”, “our”, as appropriate) regarding the Game that you obtained from a mobile application platform (“App Store”). We’ve tried to be straightforward and if you have any questions feel free to send us a note at firstname.lastname@example.org. You’ll notice that we added some text in italics throughout the EULA to make it easier to read however this text has no legal significance.
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 EULA is consistent. We’ve included the defined terms throughout because we want it to be easy for you to read them in context.
“Game” means the game you download from the App Store, and all of the following as applicable: any documentation, software, updates, Virtual Goods and Content.
“Content” means Virtual Goods and all artwork, titles, themes, objects, characters, names, dialogue, catch phrases, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, and any other content within the Game. Content also includes anything generated, created, or that is otherwise developed within the Game by any user (including you) as a result of interaction with the functionality of the Game.
Before downloading, accessing or playing the Game you must agree to this EULA. By clicking “I agree,” or by downloading or using the Game you are indicating your agreement to be bound by this EULA.
2.Eligibility and Registration
(a)Age. You may use or access the Game only if you are 13 years or older, are capable of forming a binding contract with us, and are not barred from using the Game under applicable law. If you are under 16 years old (or the relevant age in your jurisdiction where you are considered a minor), you must obtain the consent of your parent or legal guardian and your parent or legal guardian must agree to this EULA for themselves and on your behalf in order for you to access or play the Game. You are not permitted to access and play the Game without such consent and agreement.
(b)Account Creation. To access parts of the 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 the 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, we may access certain personal information such as your email address and name to help create your Game Account.
(c)Keep Your Information Current. It’s important that you provide us with accurate, complete and up-to-date information for your Game Account and you agree to update such information to keep it that way. If you don’t, we may suspend or terminate (or recommend terminating) your Game Account. You agree that you will not disclose your Game Account password to anyone and will notify us immediately of any unauthorized use of your Game Account. You are responsible for all activities that occur under your Game Account, whether or not you know about them.
(a)License Grant. So long as you comply with 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 (i) download and install the Game on the device permitted by the App Store Agreement(s), and (ii) access and use the Game, including any Content, for your personal entertainment purposes leveraging only the functionality of the Game. We and our licensors reserve all rights in the Game not granted to you in this EULA.
(b)Game limits based on where you live. We may restrict, modify, or limit your access to certain Content, Virtual Goods, or the entire Game depending on the territory in which you are located.
(c)Retail purchase. We may offer codes or product keys from various third parties that can be activated in the Game or used to activate the Game on the App Store. Such codes or keys must be purchased through one of our authorized retailers to be valid. That same 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.
You agree not do any of the following with respect to the Game:
(a)use it commercially, for a promotional purpose, or for the benefit of any third party or in any manner not permitted by this EULA;
(b)provide ancillary offerings to the Game that are not offered within the Game by default (or the functionality of the App Store), such as hosting, “leveling” services, mirroring game servers, matchmaking, emulation, communication redirects, bots (or any other automated control of the Game), tunneling, third party program add-ons, and any interference with online or network play;
(c)access or use it on more than one device at a time;
(d)copy, reproduce, distribute, display, mirror, frame or use it (or any of our other materials, intellectual property, or proprietary information) in a way that is not expressly authorized in this EULA;
(e)sell, rent, lease, license, distribute, or otherwise transfer the 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;
(f)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 Game or any Content;
(g)remove, disable, circumvent, or modify any technological measure we implement to protect the Game or any of its associated intellectual property;
(h)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);
(i)violate any applicable law or regulation;
(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 Game;
(l)behave in a manner which is detrimental to the enjoyment of the Game 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, social engineering, or scamming;
(m)upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (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, including “trolling;” (iv) is defamatory, obscene, pornographic, 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, terrorism, or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
(n)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 Game or any of its users;
(o)collect or store any personally identifiable information from the Game from other users of the Game without their express permission;
(p)impersonate or misrepresent your affiliation with any person or entity;
(q)use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on the Game or for any other purpose;
(r)use the Game in any way that would affect us adversely or reflect negatively on us or the Game or discourage any person from using all or any portion of the features of the Game; or
(s)encourage or enable any other individual to do any of the foregoing.
Although we are not obligated to monitor access to or use of the Game or to review or edit any Content, we have the right to do so for the purpose of operating and publishing the Game, to ensure compliance with this EULA and 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 Game.
5.Virtual Goods and Game Currency
(a)Purchasing or Obtaining Virtual Goods and Game Currency.We may offer certain upgrades and options within the Game that are purchasable with real world currency, such as, without limitation, in-game currency (“Game Currency”), character skins, experience boosts, gear for your in-Game characters, and other such digital add-on items that may improve your Game experience in some way (“Virtual Goods”). Depending on the item, you may also be able to obtain Virtual Goods and Game Currency without purchase, such as through an event or in-Game award. When you purchase Game Currency, Virtual Goods, or the Game itself (each, a “Transaction”), your purchase will be made through the functionality available through the App Store. You should make sure you fully understand the App Store Agreement(s) as they relate to Transactions prior to making a Transaction. There may be limits to the quantity, number of times you can purchase, Virtual Goods or 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 the 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 Game.
(b)Your License to Virtual Goods and Game Currency. Virtual Goods and Game Currency are digital items and subject to your compliance with 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 and within the Game and for no other purpose. Subject to applicable law, all Virtual Goods and Game Currency remain our property, have no monetary value and are not redeemable or refundable for any “real world” money or anything of monetary value, and we may revoke your license to such Virtual Goods and/or Game Currency at any time consistent with this EULA with no liability to you.
(c)Changes to Game Currency and Content. Except as otherwise prohibited by applicable law, we, in our sole discretion, may modify, substitute, replace, suspend, cancel or eliminate any Game Currency or Content, including your ability to access or use Game Currency or Content, without notice or liability to you. YOU AGREE THAT YOU WON’T ASSERT OR BRING ANY CLAIM AGAINST US, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS (THE “TENCENT PARTIES”) RELATING TO (A) A CLAIM THAT YOU HAVE A PROPRIETARY INTEREST IN ANY VIRTUAL GOODS OR GAME CURRENCY; OR (B) A CLAIM FOR AN ALLEGED MONETARY VALUE OF VIRTUAL GOODS OR GAME CURRENCY 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.
6.Accessing the Game from an App Store
The Game is available to you via an App Store (like the Apple App Store or Google Play Store) where the Game may now or in the future be made available. You acknowledge and agree that:
●This EULA is between you and us, not the App Store, and we (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 can contact the App Store and they 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 when using the Game.
We welcome your feedback, comments and suggestions for improvements to the Game (“Feedback”). You can submit Feedback by emailing us at email@example.com or via in-Game functionality, 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. 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.
8.Ownership—We own everything in the Game
We and our affiliates and licensors own all title, ownership and intellectual property rights in the Game, including all Content and Game Currency. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Game. You understand and agree that you have no ownership interest in your Account. Yours and our actions or inactions will not create any other rights under this EULA except as what is explicitly written within this EULA.
9.Third Party Websites and Resources
The Game 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.
The Game may contain software that are subject to "open source" licenses (the "Open Source Software"). Where we use such Open Source Software, please note that there may be provisions in the Open Source Software's license that expressly override this EULA, in which case such provisions shall prevail to the extent of any conflict.
10.Game and EULA Modifications
We may (but don’t have to) update this EULA at any time whenever we think there is a need. If we do so, you will be prompted to agree to the updated EULA upon your next access to the Game or when the updated EULA is otherwise communicated to you. You must agree to these updates to continue using the Game.
We may provide patches, updates, or upgrades to the Game that must be installed in order for you to continue to use the Game. We may update the Game 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 Game once we issue an update on our end until you manually update the Game yourself on your device. We may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Game 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 the Game 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 Game.
Subject to applicable law, we may change the price of the Game, Virtual Goods, Game Currency or Content, at any time, for any reason.
THE GAME IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE TENCENT 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 Tencent Parties make no warranty that the Game will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The Tencent Parties make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Game.
12.Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE TENCENT PARTIES WILL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OF PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE GAME, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE GAME, EVEN IN THE EVENT OF ONE OF A TENCENT PARTY’S FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF THAT TENCENT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE TENCENT PARTIES ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE GAME WILL NOT EXCEED: (A) THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) OR ARE PAYABLE BY YOU TO US DURING THE TWELVE (12) 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 Game.
You agree to indemnify, pay the defense costs of, and hold the Tencent 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 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 13.
We may terminate your access to and use of any Game, including, without limitation, all Content, with no liability 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); or (c) the owner of the applicable App Store terminates your App Store Account. You may also terminate this EULA by deleting and uninstalling the Game on any and all of your devices or by deleting your App Store Account. 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. If we reasonably believe that you breached the representations and warranties described in Section 2 (c) or provided us with any false information statement, we may terminate your access to and use of any Game.
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: 5(c), 6, 7, 11, 12, 13, 15 through 19, and this sentence of Section 14.
15.Governing Law and Jurisdiction
You agree that any action related to this EULA will be resolved in accordance with the laws of Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”) 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.
(a)Dispute Resolution. ny Dispute arising with respect to this EULA, the Game, or any related service will be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules in force at the time of delivery of the arbitration notice.
(b)Arbitration Rules. The arbitration will be conducted in accordance with Hong Kong law with the seat of the arbitration in Hong Kong and the language of the proceedings will be in English. The number of arbitrators will be three (3), 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 HKIAC, and both arbitrators will be instructed to and will agree on the third arbitrator within ten (10) days of their confirmation by the HKIAC. 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 HKIAC. The arbitrators will award only such damages as are permitted to be awarded pursuant to this EULA.
(c)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.
(d)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. The parties hereby expressly agree that Sections 5, 6 and 7 of Schedule 2 to the Arbitration Ordinance (Chapter 609 of the Laws of Hong Kong) are to apply.
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.
(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 Game and supersede any and all prior oral or written understandings or agreements between you and us regarding the Game.
(b)Language. The original language of this EULA is in English; any translations are provided for reference purposes only. 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 and the remaining terms of this EULA will remain in full force and effect.
(d)No Waiver.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)Third Party Rights.Except as described in Section 6, a person who is not a party to this EULA will have no right under to enforce any of its terms.
If you have any questions about this EULA or the Game, please contact us at firstname.lastname@example.org