EULA (Game)
EULA (Game)
EULA (Game)
END USER LICENSE AGREEMENT
LAST UPDATED ON: [07.04.2024]
TABLE OF CONTENTS
1 INTRODUCTION
2 DEFINED TERMS
3 BINDING LEGAL AGREEMENT
4 ELIGIBILITY
5 LICENSE GRANT
6 LICENSE LIMITATIONS
7 OWNERSHIP
8 INTERNET CONNECTION; ONLINE SERVER SUPPORT
9 THIRD PARTY SERVICES
10 USER GENERATED CONTENT
11 INTERACTIVE SERVICES
12 USER CONTRIBUTION STANDARDS
13 MONITORING AND ENFORCEMENT
14 PRIVACY; INFORMATION COLLECTION AND USAGE
15 SOFTWARE EDITIONS; SOFTWARE PASSES
16 SOFTWARE REFUNDS
17 PROMOTIONAL CODES
18 VIRTUAL CURRENCY AND VIRTUAL ITEMS TERMS
19 SOFTWARE STORE PROVISIONS
20 LIMITATION OF LIABILITY.
21 WARRANTIES AND REPRESENTATION
22 CLASS ACTION WAIVER
23 TERMINATION
24 GOVERNING LAW AND DISPUTE RESOLUTION
25 GENERAL
1 INTRODUCTION
Please read this entire Agreement, which governs your use of the Software. This Agreement is between Matthias Gechter c/o IP-Management #21243 Ludwig-Erhard-Str. 18 20459 Hamburg Germany and you.
This Agreement may be periodically updated, and the current version will be posted at HTTPS://WWW.BATTLELIFEONLINE.COM/E-U-L-A_G-A-M-E-1. Your continued use of the Software after a revised Agreement has been posted constitutes your acceptance of its terms.
By clicking “Accept” when prompted or making an Account or, using or accessing the Software, you understand that you will adhere to the terms of this Agreement and Terms and all other operating rules, policies, and procedures that may be issued periodically on the Software by us, each of which is incorporated by reference periodically by us.
2 DEFINED TERMS
2.1 “Account” means your user account created by you through the Software.
2.2 “Agreement” means this End User License Agreement.
2.3 “Authorized Devices” means the devices for which we make the Software commercially available (e.g. if on Steam, PC; if on the App Store or Mac App Store, Apple iOS or macOS; if on the Google Play Store, Android).
2.4 “Intellectual Property Rights” means all intellectual property in the Software including without limits all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, models, designs, titles, computer codes, audio-visual effects, themes, characters, character names, stories, dialogue, settings, artwork, sounds effects, musical works, moral rights, tracks or contents used to create the Software licensed under CC 3.0 License.
2.5 “Software” means the game software called BATTLE LIFE ONLINE published by us and developed to operate on one or more of the Authorized Systems. “Software” includes related services, the accompanying manual(s), and other written files, electronic or online materials or documentation, and any and all copies of such software and its materials.
2.6 “Software Store” means the platforms on which we publish our Software (e.g. Steam; Epic Games; App Store; Play Store). We (and not the Software Store) are solely responsible for the content of the Software, except as set out in these Terms.
2.7 “Terms” means our Software usage terms, including our Terms and Conditions and our Privacy Policy.
2.8 “Third Party Services” The Software may display, include, or make available third-party content including data, information, applications and other products and services. The Software may also include links to third-party websites.
2.9 “Unauthorized Transactions” means any transferring, trading, selling, or exchanging of any Virtual Currency and Virtual Items to anyone, other than in game play using the Software as expressly authorized by us, including, but not limited to, among other users of the Software, is not permitted by us and is strictly forbidden.
2.10 “Updates” means including without limits all contents of files in any media with which this Agreement is provided, all successor upgrades, revisions, patches, enhancements, fixes, modifications, copies, additions, or maintenance releases of the Software, if any, including new builds of the same version or release, licensed to you by us.
2.11 “User Generated Content” means including, without limits, a gameplay map, scenario, screenshot, designs, character, item, name, or video of your game play.
2.12 “Virtual Currency” means the fictional in-Software currency that can be used as a medium of exchange exclusively within the Software. Virtual Currency does not have an equivalent value in real currency and does not act as a substitute for real currency.
2.13 “Virtual Items” means the virtual goods including without limits, any subscriptions/passes that can be purchased in the Software during gameplay exclusively within the Software. Virtual Items do not have an equivalent value in real currency and do not act as a substitute for real currency.
2.14 “Website” means our website available at HTTPS://WWW.BATTLELIFEONLINE.COM/.
3 BINDING LEGAL AGREEMENT
This Agreement creates a binding legal agreement between you (“you”, “your”) and MATTHIAS GECHTER (“we”, “us”, “our”) with respect to the Software and Updates (unless an Update is given by a separate license in which case the terms of that license will govern) you install.
THIS AGREEMENT CONTAINS A MANDATORY DISPUTE RESOLUTION CLAUSE WHICH AIMS TO RESOLVE ANY DISPUTES THAT MAY ARISE BETWEEN YOU AND US. YOU ACKNOWLEDGE AND AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION IN CASE YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THE TERMS, OR THE MANDATORY DISPUTE RESOLUTION CLAUSE, DO NOT PURCHASE, DOWNLOAD OR USE THE SOFTWARE.
4 ELIGIBILITY
To enter into this Agreement, you must be an adult of the legal age of majority in your country of residence. You should be legally and financially responsible for all actions using or accessing the Software, including the actions of anyone you allow to access to your Account. You hereby affirm that you have reached the legal age of majority, understand, and accept this Agreement (including the mandatory arbitration clause). If you are under the legal age of majority, your parent or legal guardian must consent to this Agreement.
5 LICENSE GRANT
Subject to any system requirements, the Software is solely licensed to you, not sold, and you hereby acknowledge and agree that no title or ownership in the Software is being transferred or assigned and, this Agreement should not be construed as a sale of any rights in the Software. After the authorized release date, we grant to you a limited, non-exclusive, non-transferable license to use the Software on a single Account and Authorized Device (with the exception if we explicitly grant permission for multiple usages of the Software) for personal use on the Authorized Devices that we make the Software commercially available. Any rights that are not explicitly granted to you are reserved by us including the Intellectual Property Rights in the Software. We retain the right to audit your use of the Software and verify compliance with our Terms. You hereby agree to cooperate with our audit and provide reasonable assistance and access to information.
6 LICENSE LIMITATIONS
The license granted under this Agreement is subject to limitations. You hereby through this reference, specifically agree not to:
6.1 distribute, rent, lease, convert into convertible currency, sublicense, or otherwise transfer or assign the Software including any Virtual Currency and Virtual Items, or make it available on a network to other users without our express prior written consent or as expressly set forth in this Agreement;
6.2 modify, adapt, translate, reverse engineer, decompile or disassemble the Software;
6.3 except as otherwise specifically provided by the Software or this Agreement, use or install the Software (or permit others to do same) on a network, for online use, or on more than one Authorized Device or gaming unit at the same time;
6.4 create derivative works from the Software;
6.5 create or make available unauthorized mods;
6.6 remove or modify any proprietary notices, marks, or labels contained on or within the Software;
6.7 copy, publicly perform or broadcast the Software in an unauthorized manner;
6.8 copy the Software onto a hard drive or other storage device unless the Software itself makes a copy during installation, or unless you are downloading the Software from an authorized Software Store;
6.9 disable any feature which limits the use of the Software services;
6.10 use, exploit any part of the Software to provide commercial services to third parties;
6.11 violate our Terms for any online features of the Software;
6.12 use the Software in a manner which, in our sole discretion, interferes with the Software’s ability to offer its services; or
6.13 transport, export, or re-export (directly or indirectly) into any country forbidden to receive the Software by any Federal Republic of Germany export laws or regulations or economic sanctions or otherwise violate any laws or regulations, or the laws of the country in which the Software was obtained, which may be amended from time to time.
7 OWNERSHIP
All title, ownership rights, and Intellectual Property Rights in and to the Software are owned by MATTHIAS GECHTER, affiliates of MATTHIAS GECHTER, or MATTHIAS GECHTER’s licensors. The Software is protected by the copyright laws of the Federal Republic of Germany, international copyright treaties, conventions, and other laws. The Software may contain certain licensed materials, and our licensors may protect their rights in the event of any violation of this Agreement. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON OUR SYSTEMS, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THESE ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF MATTHIAS GECHTER. WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.
8 INTERNET CONNECTION; ONLINE SERVER SUPPORT
The Software may require an internet connection to access internet-based features, authenticate the Software, or perform other functions.
If the Software uses online servers, we make no commitment to continue to make those servers available and may terminate online features at any time.
9 THIRD PARTY SERVICES
The Software may provide you to links to other services, or resources on the Internet including the Third-Party Services. Other websites, services or resources may contain links to the Software. When you access Third Party Services on the Software, you shall do so at your own risk. These Third Party Services are not controlled by us, and you agree that we shall not be responsible or liable for including but not limited to the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Services. The inclusion of any such link shall not imply our endorsement or any association in any way between us and their operators. You also agree that we will not be responsible or liable in any case, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such Third Party Services.
10 USER GENERATED CONTENT
The Software may include means by which you and other users may create, share User Generated Content. To the fullest extent permitted by applicable law, by submitting any User Generated Content you automatically grant (or represent and warrant that the owner of such rights has expressly granted) us a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such User Generated Content or incorporate such User Generated Content into any form, medium, or technology now known or later developed throughout the universe, and agree that we shall be entitled to unrestricted use of the User Generated Content for any purpose whatsoever, commercial or otherwise, without compensation (but subject to applicable local legislation), notice or attribution. You waive and agree not to assert against MATTHIAS GECHTER or any of its partners, affiliates, subsidiaries, or licensees, any moral or similar rights you may have in any of your User Generated Content. To the extent the Software permits other users to access and use your User Generated Content, you also grant such users the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your User Generated Content on or through the Software without further notice, attribution or compensation to you. You may only upload your own User Generated Content to the Software; do not upload anyone else’s User Generated Content. We reserve the right (but have no obligation) to remove, block, edit, move, or disable User Generated Content for any reason in our sole discretion. We are not responsible for and do not endorse or guarantee, the opinions, views, advice, or recommendations posted or sent by other users.
11 INTERACTIVE SERVICES
11.1 The Software may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit and talk to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Software. All User Contributions must comply with the User Contribution Standards set out below in Section 12.
11.2 Any User Contribution you post on the Software will be considered non-confidential and non-proprietary. By providing any User Contribution on the Software, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.
11.3 You represent and warrant that:
11.3.1 You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and
11.3.2 All of your User Contributions do and will comply with this Agreement.
11.3.3 You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
11.4 We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Software.
11.5 To the maximum possible extent, you hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sublicensable right (through multiple tiers) and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all User Contributions, and to sublicense the foregoing rights; and (f) you irrevocably waive, and cause to be waived, against us and its users any claims and assertions of any moral rights contained in such User Contributions. This section shall survive any termination of your Account or the Agreement.
12 USER CONTRIBUTION STANDARDS
12.1 These User Contribution Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable central, federal, state, local, and international laws, and regulations. Without limiting the foregoing, User Contributions must not:
12.1.1 contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, hurtful, inflammatory, or otherwise objectionable;
12.1.2 promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
12.1.3 infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
12.1.4 violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms.
12.1.5 contain images or videos of persons without such person’s consent;
12.1.6 be likely to deceive any person
12.1.7 involve drugs, narcotics, steroids, controlled substances, pharmaceuticals or similar products or therapies that are either illegal, prohibited, or enjoined by an applicable regulatory body; legal substances that provide the same effect as an illegal drug; or other products, medical practices, or any related equipment or paraphernalia that have been found by an applicable regulatory body to cause consumer harm;
12.1.8 promote any illegal activity, or advocate, promote, or assist any unlawful act;
12.1.9 cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
12.1.10 funding a ransom, human trafficking or exploitation, vigilantism, bribes, or bounty;
12.1.11 impersonate any person or misrepresent your identity or affiliation with any person or organization;
12.1.12 involve or promote terrorism or, any activity that promote war, genocide, knives, explosives, ammunition, firearms, or other weaponry or accessories;
12.1.13 involve annuities, investments, loans, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., Investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
12.1.14 involve circumventing the designated method of payment as provided by us;
12.1.15 involve credit repair or debt settlement services
12.1.16 involve products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party
12.1.17 involve illegal sale or resale of brand name or designer products or services;
12.1.18 any other activity that we may deem in our sole discretion to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud, and activities of a similar nature; or
12.1.19 involve any election campaigns that are not run by a registered organization within the supported country;
12.1.20 give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
12.1.21 involve any other activity that we may deem in our sole discretion to be unacceptable
13 MONITORING AND ENFORCEMENT
13.1 We have the right to:
13.1.1 remove or refuse to post any User Contributions for any or no reason in our sole discretion;
13.1.2 take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the User Contribution Standards, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Software or the public, or could create liability for us;
13.1.3 disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
13.1.4 take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Software; or
13.1.5 terminate or suspend your access to all or part of the Software for any or no reason, including without limitation, any violation of this Agreement.
13.2 Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Software or otherwise accessing or using our Software.
13.3 YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE AND HOLD US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, LIABILITIES AND COSTS RESULTING FROM ANY ACTION TAKEN BY US/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER US/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
13.4 We do not undertake to review any material before it is posted on the Software and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
14 PRIVACY; INFORMATION COLLECTION AND USAGE
By using and licensing the Software, you agree to the collection, retention, processing and use of your information under privacy policy made available to you on HTTPS://WWW.BATTLELIFEONLINE.COM/P-R-I-V-A-C-Y_P-O-L-I-C-Y_G-A-M-E-1 which can be used to uniquely identify for the purpose of the services. By installing and using the Software, you consent to the information collection and usage terms set forth in this section and our Privacy Policy, including (where applicable) (i) the transfer of any personal information and other information to MATTHIAS GECHTER, our affiliates, vendors, and business partners, and to certain other third parties, such as governmental authorities, in the Federal Republic of Germany and other countries located outside Europe or your home country, including countries that may have lower standards of privacy protection; (ii) the public display of your data, such as identification of your User Generated Content or displaying your scores, ranking, achievements, and other gameplay data on websites and other platforms; (iii) the sharing of your gameplay data with hardware manufacturers, platform hosts, and our marketing partners; and (iv) other uses and disclosures of your personal information or other information as specified in the above-referenced Privacy Policy, as amended from time to time. If you do not want your information used or shared in this manner, then you should not use the Software. We intend to protect your information from being intercepted, accessed, used, or disclosed by unauthorized persons. Your information may also be accessible to the third parties during the usage of the Software, but within limitations and we will not transfer or submit your personal information to third parties such as your username or password. We will not be responsible if your confidential information becomes accessible to the third parties that you transfer directly to the third parties during the usage of Software. We will not be liable if your data, process, documents etc. are partly or fully distorted or lost and it is your own discretion to prevent access to your device for any misuse.
15 SOFTWARE EDITIONS; SOFTWARE PASSES
If you have purchased a version of the software at a premium, offering any in-Software Virtual Items and Virtual Currency, we shall make available all such Virtual Items and Virtual Currency as applicable and made available to you through the applicable Software Store.
We may make available premium software subscriptions such as season passes, VIP days or similarly named Virtual Items as a purchasable Virtual Item that may offer advantages to you over the non-premium access to the Software (“Software Pass”). You may also get rewards from this particular purchase.
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, WE RESERVE THE RIGHT TO REMOVE OR ADD ANY OFFERINGS FROM ANY SOFTWARE EDITIONS AND SOFTWARE PASSES. WE RESERVE THE RIGHT TO DISCONTINUE ANY SOFTWARE EDITIONS OR THE SOFTWARE PASSES AT ANY TIME WITHOUT NOTICE TO YOU.
THE COST OF ANY VIRTUAL ITEMS, SOFTWARE EDITIONS AND SOFTWARE PASSES ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU.
16 SOFTWARE REFUNDS
We do not provide any refunds once you purchase the Software. Notwithstanding the foregoing, any refunds that may be available to you are subject to the terms of the applicable Software Store.
17 PROMOTIONAL CODES
We do not provide any warranties with respect to any promotions or promotional codes we make available to you through any means or other such codes available on the Internet (“Promotion Code”). We do not warrant that any Promotion Code shall function in an intended way or shall be usable with respect to the Software. We disclaim all liabilities in this regard.
18 VIRTUAL CURRENCY AND VIRTUAL ITEMS TERMS
18.1 LICENSE TO USE VIRTUAL CURRENCY AND VIRTUAL ITEMS: Regardless of the terminology used, Virtual Currency and Virtual Items represent a limited license right governed by this Agreement. Subject to the Terms and compliance with this Agreement, we hereby grant you a nonexclusive, non-transferable, non-sublicensable, limited right and license to use Virtual Currency and Virtual Items obtained by you for your personal, non-commercial gameplay exclusively within the Software. Except as otherwise prohibited by applicable law, Virtual Currency and Virtual Items obtained by you are licensed to you, and you hereby acknowledge that no title or ownership in or to Virtual Currency and Virtual Items is being transferred or assigned hereunder. This Agreement should not be construed as a sale of any rights in Virtual Currency and Virtual Items. We reserve the right to control modify and discontinue any Virtual Items or Virtual Currency at any time without notice to you.
You acknowledge and agree that we may revise or take action that impacts the perceived value of or purchase price for any Virtual Currency and/or Virtual Items at any time except as prohibited by applicable law. Virtual Currency and Virtual Items do not incur fees for non-use; provided, however, that the license granted hereunder to Virtual Currency and Virtual Items will terminate in accordance with the terms and conditions of this Agreement, when we cease providing the Software, or this Agreement is otherwise terminated. We, in our sole discretion, reserve the right to charge fees for the right to access or use Virtual Currency and Virtual Items and/or may distribute Virtual Currency and Virtual Items with or without charge.
18.2 EARNING & PURCHASING VIRTUAL CURRENCY AND VIRTUAL ITEMS: You may have the ability to purchase Virtual Currency or to earn Virtual Currency for the completion of certain activities or accomplishments in the Software. For example, we may provide Virtual Currency and Virtual Items upon the completion of an in-Software activity, such as attaining a new level, completing a task, or creating User Generated Content. Once obtained, Virtual Currency and/or Virtual Items will be credited to your Account. You may purchase Virtual Currency and Virtual Items only within the Software (if applicable), or through a participating third-party Software Store, or other store authorized by us. Purchase and use of Virtual Currency and Virtual Items through a Software Store are subject to the Software Store’s governing documents, including but not limited to, their terms of service and privacy policy and user agreement. This Software has been sublicensed to you by the Software Store. We may offer discounts or promotions on the purchase of Virtual Currency, and such discounts and promotions may be modified or discontinued by us at any time without notice to you. Subject to applicable laws, we are not obligated to provide you with any discounts on any Virtual Currency and/or Virtual Items. Upon completing an authorized purchase of Virtual Currency from a Software Store, the amount of purchased Virtual Currency will be credited to your Account. We shall establish a maximum amount you may spend to purchase Virtual Currency per transaction and/or per day, which may vary. We may in our sole discretion, impose additional limits on the amount of Virtual Currency you may purchase or use, how you may use Virtual Currency, and the maximum balance of Virtual Currency that may be credited to your Account. You are solely responsible for all Virtual Currency purchases made through your Account regardless of whether or not authorized by you.
18.3 VIRTUAL CURRENCY BALANCE CALCULATIONS: You can access and view your available Virtual Currency and Virtual Items in your Account when logged into your Account. We reserve the right, in our sole discretion, to make all calculations regarding the available Virtual Currency and Virtual Items in your Account. We retain the right, in our sole discretion, to determine the amount of and manner in which Virtual Currency is credited and debited from your Account in connection with your purchase of Virtual Items or for other purposes. While we strive to make all such calculations on a consistent and reasonable basis, you hereby acknowledge and agree that our determination of the available Virtual Currency and Virtual Items in your User Account is final, unless you can provide documentation to us that such calculation was or is intentionally incorrect.
18.4 USING VIRTUAL CURRENCY AND VIRTUAL GOODS: All purchased Virtual Currency and Virtual Items may be consumed or lost by you in the course of gameplay according to the Software’s rules applicable to Virtual Currency and Virtual Items. Virtual Currency and Virtual Items may only be used within the Software. Virtual Currency and Virtual Items may never be used in connection with an agreement with other individuals to wager any money or other thing of value. The authorized uses and purposes of Virtual Currency and Virtual Items may change at any time. Your available Virtual Currency and/or Virtual Items as shown in your Account will be reduced each time you use Virtual Currency and/or Virtual Items within the Software. The use of any Virtual Currency and/or Virtual Items constitutes a demand against and withdrawal from your available Virtual Currency and/or Virtual Items in your User Account. You must have sufficient available Virtual Currency and/or Virtual Items in your User Account in order to complete a transaction within the Software. Virtual Currency and/or Virtual Items in your Account may be reduced without notice upon the occurrence of certain events related to your use of the Software: For example, you may lose Virtual Currency or Virtual Items upon the loss of a game or the death of your character. You are responsible for all uses of Virtual Currency and/or Virtual Items made through your Account, regardless of whether or not authorized by you. You must notify us immediately upon discovering the unauthorized use of any Virtual Currency and/or Virtual Items made through your Account by submitting a support request at SUPPORT@BATTLELIFEONLINE.COM.
18.5 TRADING SYSTEM: The Software features a player to player trading system. Virtual Currency and Virtual Items may only be redeemed for in-Software goods and services. You shall not sell, lease, license, or rent Virtual Currency and Virtual Items, convert them into convertible Virtual Currency. Virtual Currency and Virtual Items may only be redeemed for in-game goods or services and are not redeemable for any sum of money or monetary value or other goods from us or any other person or entity at any time, except as expressly provided herein or otherwise required by applicable law. Virtual Currency and Virtual Items have no cash value, and neither we nor any other person or entity has any obligation to exchange your Virtual Currency and Virtual Items for anything of value, including, but not limited to, real currency. Notwithstanding anything in this Agreement, you may exchange your Virtual Items as approved in-Software by us.
18.6 NO REFUND: All purchases of Virtual Currency and Virtual Items are final and under no circumstances will such purchases be refundable, transferable, or exchangeable. Except as prohibited by applicable law, we have the absolute right to manage, regulate, control, modify, suspend, and/or eliminate such Virtual Currency and/or Virtual Items as we see fit in our sole discretion, and we shall have no liability to you or anyone else for the exercise of such rights. Notwithstanding the foregoing, any refunds that may be available to you are subject to the terms of the applicable Software Store.
18.7 NO TRANSFERS: We reserve the right, in our sole discretion, to terminate, suspend, or modify your Account and your Virtual Currency and Virtual Items and terminate this Agreement if you engage in, assist in, or request any Unauthorized Transactions. All users who participate in such activities do so at their own risk and hereby agree to be responsible and liable to MATTHIAS GECHTER, its partners, licensors, affiliates, contractors, officers, directors, employees, and agents for all damages, losses and expenses arising directly or indirectly from such actions. You acknowledge that we may request that the applicable Software Store stop, suspend, terminate, discontinue, or reverse any Unauthorized Transaction, regardless of when such Unauthorized Transaction occurred (or has yet to occur) when we suspect or have evidence of fraud, violations of this Agreement, violations of any applicable law or regulation, or any intentional act designed to interfere or that otherwise has the effect of or may have the effect of intervening in any way with the operation of the Software. If we believe or have any reason to suspect that you have engaged in an Unauthorized Transaction, you further agree that we may, in our sole discretion, restrict your access to your available Virtual Currency and Virtual Items in your Account or terminate or suspend your Account and your rights to any Virtual Currency and Virtual Items, and other items associated with your Account.
19 SOFTWARE STORE PROVISIONS
19.1 This Agreement and the provision of the Software through any Software Store (including the purchase of Virtual Currency and Virtual Items) is subject to the additional terms and conditions set forth on or in or required by the applicable Software Store and all such applicable terms and conditions are incorporated herein by this reference.
19.2 We are not responsible or liable to you for any credit card or bank-related charges or other charges or fees related to your purchase transactions within the Software or through a Software Store. All such transactions are administered by the Software Store, and not us. We hereby expressly disclaim any liability for any such transactions, and you agree that your sole remedy regarding all transactions is from or through such Software Store.
19.3 This Agreement is between you and us, and not with any partner Software Store. You acknowledge and agree that the Software Store has no obligation to furnish any maintenance or support services to you in connection with the Software.
19.4 The Software Store will have no other warranty obligation whatsoever with respect to the Software except to the maximum extent permitted by applicable law. Any claim in connection with the Software related to product liability, a failure to conform to applicable legal or regulatory requirements, claims under consumer protection or similar legislation or intellectual property infringement are governed by this Agreement, and the Software Store is not responsible for such claims.
19.5 You must comply with the Software Store terms of service and any other Software Store applicable rules or policies. The license to the Software is a non-transferable license to use the Software only on an applicable device that you own or control. You represent that you are not located in any Federal Republic of Germany embargoed countries or any denied person’s list or entity list. The Software Store is a third-party beneficiary to this Agreement and may enforce this Agreement against you.
20 LIMITATION OF LIABILITY
WE INCLUDE THE UNREAL® ENGINE CODE AND OTHER CODE, MATERIALS, AND INFORMATION (THE “EPIC MATERIALS”) FROM EPIC GAMES (“EPIC”), INC. THE USE OF THE SOFTWARE OFFERED BY US IS ENTIRELY AT YOUR OWN RISK. IN NO CASE SHALL WE, EPIC, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, OR ANY USERS BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH REGARDS TO THE SOFTWARE FOR: (I) ANY LOST PROFITS, LOSS IN REVENUE, LOSS OF GOODWILL, ANY DATA LOSS, LOSS OF USE, COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, OTHER INTANGIBLE LOSSES, OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, EXEMPLARY, RELIANCE, PUNITIVE, LIQUIDATED, OR ANY SIMILAR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER (HOWEVER ARISING), (II) DEVICE FAILURE OR MALFUNCTION (III) ANY, VIRUSES, BUGS, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGIN), (IV) ANY PERSONAL INJURY OR HARM, INCLUDING DEATH, WHICH IS CAUSED BY YOUR USE OR MISUSE OF THE SOFTWARE, (V) ANY CLAIMS, DEMANDS, OR DAMAGES ARISING OUT OF OR RELATING TO ANY DISPUTE BETWEEN YOU AND ANY OTHER USER OF THE SOFTWARE, OR (VI) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) ANY AMOUNTS PAID BY YOU FOR USING OF THE SOFTWARE DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) 0,01 USD. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. NOTHING IN THESE THIS AGREEMENT SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THIS AGREEMENT.
IF YOU ARE A RESIDENT OF AN EU MEMBER STATE, NOTWITHSTANDING ANYTHING TO THE CONTRARY SET OUT ABOVE, WE ARE RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A REASONABLY FORESEEABLE RESULT OF OUR BREACH OF THIS AGREEMENT OR ITS NEGLIGENCE, BUT IT IS NOT RESPONSIBLE FOR LOSS OR DAMAGE THAT IS NOT FORESEEABLE.
21 WARRANTIES AND REPRESENTATION
THE SOFTWARE IS PROVIDED “AS IS”, “AS AVAILABLE” BASIS. THE USE OF SOFTWARE AND IS AT THE USER’S SOLE RISK. THE SOFTWARE IS PROVIDED WITHOUT WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. WE, EPIC, OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SOFTWARE ARE OR WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME, INSTANCE OR LOCATION; (II) ANY DEFECTS MATERIAL OR NOT, OR ERRORS WILL BE CORRECTED; (III) ANY/ALL CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) ANY/ALL INFORMATION IS COMPLETE, ACCURATE, UP-TO-DATE, OR RELIABLE; (V) ANY PARTICULAR SERVICE, CONTENT, OR PRODUCT REFERRED TO IN THE SOFTWARE IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOUR AND/OR YOUR EMPLOYEES; (VI) THAT RESULTS OF USING THE SOFTWARE PROVIDED BY US WILL MEET YOUR REQUIREMENTS(VII) THE USE OF THE SOFTWARE PROVIDED BY US SHALL COMPLY WITH ANY LAWS, RULES, REGULATIONS, REQUIREMENTS, POLICIES, QUALIFICATIONS, OR BEST PRACTICES, INCLUDING BUT NOT LIMITED TO PRIVACY LAWS, PROFESSIONAL LICENSURE, OR REIMBURSEMENT; (VIII) THE USE OF THE SOFTWARE SHALL NOT RESULT IN LEGAL DUTIES OR LIABILITY. WE DO NOT GUARANTEE IN ANY INSTANCE THAT ANY PARTICULAR CONTENT OR MATERIAL SHALL BE MADE AVAILABLE THROUGH THE SOFTWARE.
22 CLASS ACTION WAIVER
You and we hereby expressly waive their right to bring or participate in a class-action lawsuit. The You and we agree that each may bring claims to the fullest extent legally permissible against the other only in their individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
23 TERMINATION
This Agreement may be terminated by either you or us. This Agreement shall terminate automatically if and when we cease to operate our Software servers. We may also terminate this Agreement if we find that you are using the Software for illegal activities. You can terminate this Agreement by (i) requesting us to terminate and delete your Account in use to access or use the Software using the method set forth in our Terms and Conditions or (ii) destroying and/or deleting any and all copies of all Software in your possession, custody, or control. Deleting the Software from your device will not delete the information associated with your Account, including any Virtual Currency and Virtual Items associated with your Account. If we terminate this Agreement. If you request deletion of your Account, or if we delete your Account because you violated our Terms, the Virtual Currency and Virtual Items associated with your Account shall be deleted. Upon termination of this Agreement for any reason, you must permanently destroy all materials related to the Software from your client server, computer, gaming unit, or mobile device on which it has been installed. Your rights to use the Software, including any Virtual Currency or Virtual Items associated with your Account, will terminate immediately, and you must cease all use of the Software upon the termination of this Agreement. The termination of this Agreement will not affect our rights or your obligations arising under this Agreement.
24 GOVERNING LAW AND DISPUTE RESOLUTION
The parties agree that the validity, operation, and performance of this Agreement shall be governed by and interpreted in accordance with the laws of the Federal Republic of Germany applicable therein (notwithstanding conflict of law rules). The Parties do expressly and irrevocably concede to the jurisdiction of courts in the Federal Republic of Germany with respect to any matter or claim, suit, action or proceeding arising under or related to this Agreement.
You shall first contact our customer care team if you have any issues or claims related to the Software or the Terms. If your claim or issue (“Dispute”) cannot be resolved informally, You agree to try to settle the Dispute through mediation under arbitration laws, before resorting to arbitration. Any claims or controversies for which injunctive relief is available that cannot be resolved through mediation within 30 days shall be finally settled by the arbitration authorities of the Federal Republic of Germany. The venue of such arbitration shall be as may be mutually decided by the Parties. In the event that the Parties cannot agree on a sole arbitrator, the arbitrator will be appointed by a judge of the appropriate court on application by either party to the Dispute. All decisions and awards rendered by the arbitrator will be final and binding upon the parties for all questions submitted to such arbitrator, and the costs associated with such submission shall be shared equally by the parties involved in the Dispute unless the arbitrator decides otherwise. The parties waive all rights of appeal, therefore to any court or tribunal, and agree that the only recourse by any party to any court will be for the purpose of enforcing an arbitration award.
25 GENERAL
25.1 No waiver. Our failure to enforce any part of this Agreement shall not constitute a waiver of our right to later enforce that or any other part of this Agreement. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.
25.2 Interpretation. The headers are provided only to make this Agreement easier to read and understand.
25.3 Severability. If any provisions mentioned in this Agreement are found to be unenforceable or invalid, that particular provision or provisions will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
25.4 Force Majeure. We will not be held liable for any delays or failure in performance of any part of the Software, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, epidemics, pandemics, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
25.5 Notices. All notices under this Agreement shall be in writing Unless otherwise specified in this Agreement. Notices to us shall be sent by email to SUPPORT@BATTLELIFEONLINE.COM. You shall ensure written confirmation of receipt for notice to be effective. Notices to you shall be sent to your last known email address (or the email address of your successor, if any) and/or to any email address that would be reasonably likely to provide notice to you, and such notice shall be effective upon transmission.