Last Updated: May 13, 2024
You can find our prior Terms of Service, effective April 9, 2024, here, and September 19, 2022, here.
These Terms of Service (the “Terms”) and our Privacy Policy govern the relationship between you and Machine Zone (“Studio,” “our,” “we,” or “us”) and apply to your use of our Services. The “Services” include our website mz.com (the “Site”), web store (if applicable), mobile applications or games, related services and content, and any additional products, services, features, and content that we may provide or make available through the Services.
Please read these Terms of Service (the “Terms”) and our Privacy Policy carefully before using our Services. These Terms set out the terms and conditions that apply when you use the Services. By using our Services, and by continuing to use the Services after any future changes to these Terms, you confirm that you have carefully read, understood, and agree to be bound to these Terms, particularly those provisions that restrict or exempt liabilities. In addition, our Privacy Policy describes how we collect, use, disclose, share, and otherwise process your personal information when providing the Services to you, as well as your rights and choices concerning your information. If you do not agree to these Terms, or if you do not want us to collect, use, disclose, share, or otherwise process your information in the ways described in our Privacy Policy, you must not use our Services (or you must stop using our Services if you have already started using them).
To use the Services, you must be 16 years of age or older and over the age of majority in your jurisdiction. If you are under 18 years of age, or under the age of majority where you live, your legal guardian must provide consent to your use of the Services. As described below, United States law governs these Terms, and the Services may fall within United States export controls. You may not use the Services if United States law or other applicable law preclude you from receiving products, including services or software, from the United States.
SECTION 16 OF THIS AGREEMENT CONTAINS AN INFORMAL DISPUTE RESOLUTION PROCESS, A BINDING AGREEMENT TO ARBITRATION, AND A CONSOLIDATED, CLASS ACTION, COLLECTIVE ACTION, AND REPRESENTATIVE ACTION WAIVER, WHICH WAIVE YOUR RIGHT TO A COURT HEARING OR A TRIAL BEFORE A JUDGE OR JURY, SUBJECT TO CERTAIN EXCEPTIONS. IN ADDITION, SECTION 13 CONTAINS WARRANTY DISCLAIMERS AND A LIMITATION OF OUR LIABILITY, INCLUDING A RELEASE BY YOU OF CLAIMS FOR DAMAGES RELATED TO THE SERVICES. PLEASE READ SECTIONS 13 AND 16 AND THESE TERMS CAREFULLY. BY USING THE SERVICES, YOU AGREE TO THESE PROVISIONS.
Table of Contents
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The “Services” include our website (as defined above), our web store (if applicable), mobile applications or games, related services and content, and any additional products, services, features, and content that we may provide or make available through the Services.
Registration and Account Information — You may need to register and create an account (or sign-in through a third-party platform) to access the Services or some portion of them.
You must provide us (and any related third-party platform) with accurate, complete, and up-to-date account information. In addition, you may not authorize others to use your account, and you may not assign or otherwise transfer your account or these Terms to any other person or entity. You also understand that you must keep your account information secure and that you should not disclose your account credentials to anyone. You alone remain solely responsible for all activities that occur under your account, regardless of whether you know about them or not.
Updates to the Services — We may from time-to-time update, improve, enhance, conduct testing, and further develop the Services (for example, in the form of bug fixes, enhancements, security patches, new software modules, or new versions). You understand that these improvements, enhancements, or tests may impact your user experience. From time to time, we may make you update your software or hardware to continue to use our Services. If you choose to allow automatic updates, the Services may also automatically download and install updates. If you do not want to download and install updates automatically, you can turn off automatic updates at any time through the “Settings” menu or similar feature of your device.
Notifications and Messages from the Services — We may from time-to-time send you notifications, alerts, text messages, or other types of messages (including email) regarding the Services, your account(s), or certain other products, services, features, or content that may be of interest to you. By using the Services, you consent to receive these messages and marketing messages from us, our affiliates, or providers. If you do not want to receive notifications, you can turn off notifications through the “Settings” menu or similar feature of your device. In addition, you can cancel text messages (if you receive them) at any time by replying “STOP.” Please note that messaging fees may apply depending on the message plan you have with your wireless carrier. Please contact your wireless carrier for details about your text or data plan.
Hardware and Software Requirements — The functionalities and features of the Services may vary depending on the device and operating system that you use, the way in which you interact with the Services, your region, the changing requirements of applicable laws, and other factors. To use the Services, you need compatible hardware and software (and potentially the latest versions of that software), and internet access, among other technological features. The performance of the Services may be affected by these or related factors, each of which we do not control. You remain solely responsible for any third-party costs you incur to use the Services, including equipment, internet, and other connection charges. Your access and use of the Services may also be interrupted from time to time due to third-party failures outside of our control or the need for periodic maintenance, updates, or repairs. As explained below, we make no representations or warranties of any kind with respect to the performance or availability of the Services.
Changes to the Services — Because our Services evolve over time, we may at any time, at our sole discretion, modify, suspend, restrict, terminate, or cancel the Services or any portion of them. In addition, we may add or remove features or functionality of the Services or any portion of them at any time, and we may suspend, restrict, delete, or remove access to the Services or any portion of them.
In addition, we reserve the right to stop offering and/or supporting the Services or any portion of them at any time either permanently or temporarily, at which point your right to use the Services or any part of them will be automatically terminated or suspended. If any of these things happen, unless required by applicable law or otherwise agreed to by us, we will not provide refunds, benefits, or other compensation to you in connection with the discontinued aspects or elements of the Services or for Virtual Items (as defined below) previously earned or purchased.
WE MAY, IN OUR SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICES OR ANY PORTION OF THEM; PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES, AND TOOLS; OR DELAY OR REMOVE HOSTED CONTENT, AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR RESULTS, UNLESS REQUIRED BY APPLICABLE LAW.
Changes to the Terms — In addition, we may modify or update these Terms at any time. If we modify or update these Terms, we will post the modified Terms. In addition, we may notify you directly through the Services. By continuing to use the Services after those modifications or updates become effective, you agree to be bound by the revised Terms. If you do not agree to be bound by the revised Agreement, then you must not use the Services anymore.
To use the Services, you must be 16 years of age or older (and over the age of majority in your jurisdiction) and not barred from using the Services under applicable law. If you are under 18 years of age, or under the age of majority where you live, your legal guardian must provide consent to your use of the Services.
In addition, you may not use our Services under any of the following circumstances:
Except for the limited license granted herein, we and our licensors (or other providers) retain all legal right, title, and interest in and to all other elements of the Services, including all of the intellectual property associated with the Services, the technology and software used to provide the Services, any improvements or derivative products or services, and all other aspects of the Services. We reserve all rights not expressly granted to you.
Your Limited License to the Services — Subject to your agreement and continuing compliance with these Terms (including the Code of Conduct set forth below), we grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use the Services for your own personal, non-commercial, and entertainment use. You agree not to use the Services for any other purpose, including for any commercial or non-personal purpose. You also agree not to modify, create derivative works of, decompile, or otherwise attempt to extract source code from any aspect of the Services. Any unauthorized use will terminate this limited license, subject your account to immediate suspension or termination, and may also violate applicable laws.
Our License to Your Feedback — If you make suggestions regarding any features, functionality, or performance of the Array Services that we adopt, such features, functionality, and performance shall be deemed automatically assigned to us under these Terms and become our sole and exclusive property. To the extent permitted by applicable law, you waive any moral rights you may have in such suggestions and feedback.
Consequences of Your Violations — If you violate these Terms, or any of our other terms that apply to you, we may in our sole discretion terminate your account or take other lawful steps with or without notice to you. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF THE SERVICES OR ANY ASPECT OF THEM, VIOLATES THESE TERMS AND MAY BE A BREACH OF CRIMINAL OR CIVIL LAWS.
Our Privacy Policy describes how we collect, use, disclose, share, and otherwise process your personal information when providing the Services to you, as well as your rights and choices concerning your information. When you use the Services, you acknowledge that the Privacy Policy applies. If you do not want us to collect, use, disclose, share, and otherwise process your information in the ways described in our Privacy Policy, you must not use the Services.
Your User Content and Responsibility for It — The Services may contain various forums, networks, and other features or functionality that allow you to post, submit, publish, display, share, or transmit to us and other users (collectively, “Post”) content or materials (“User Content”) on or through the Services. All User Content must comply with the following content standards: User Content must not be illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and must not consist of or contain software viruses (or other malicious code), commercial solicitation, chain letters, mass mailings, or any form of “spam.”
In Posting User Content, you represent and warrant that:
You understand that your User Content may be copied by other users and discussed on and outside of the Services, and if you do not have the right to Post User Content, you may be subject to liability. We take no responsibility and assume no liability for any User Content Posted by you or any third party. In addition, we do not endorse or guarantee the accuracy, efficacy, veracity, or appropriateness of any User Content. Under all circumstances, you remain personally and solely responsible for all of your User Content.
Our License to Your User Content — Any User Content that you Post will be considered non-confidential and non-proprietary, and you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media, without notice or compensation to you. To the extent permitted by applicable law, you waive any rights of attribution or moral rights you may have in your User Content.
Our Right to Monitor User Content and the Use of Services — We have no obligation to monitor the Services or the conduct of other players. In addition, we are not responsible for, and we do not approve, information or materials provided by you to other players or provided by other players to you, including all User Content. By using our Services, you understand that you may be exposed to content or conduct that you might find offensive or otherwise objectionable. In addition, communications made using or through the Services should not be considered private and you should avoid revealing personally identifiable information.
We may monitor and/or record your communications (including communications in chat features) when you use the Services, and you hereby provide your irrevocable, express consent to such monitoring and recording. In addition, we have the right but not the obligation to edit, remove, or refuse to post any User Content for any reason. Depending upon the applicable law, you may be able to appeal or seek clarifications regarding our content moderation decisions. You may exercise this right, if applicable, by contacting Customer Support at [email protected].
When you access or use the Services (or any aspect of them), you agree that you will not, under any circumstances:
Consequences for Non-Compliance — Failure to comply with this Code of Conduct (or any other aspect of these Terms) may result in the suspension of your account and access to the Services (or any part of them), the termination of your account and access to the Services (or any part of them), and/or subject you to any of the penalties identified in these Terms or available under applicable law.
Your Interactions with Other Users — As a user, you remain solely responsible for your interactions with other players, including how you interact with other players through your User Content. If you have a problem with another player, we are not required to get involved, but we may choose to become involved. If requested by us, you will cooperate fully with any investigation, including by granting us access to any portion of your account that may be relevant to the investigation.
Your Release of Us — Unless otherwise provided under applicable law, if you have a dispute with another player, you release us (and our employees, officers, directors, agents, corporate parents, affiliates, subsidiaries, and joint ventures, and each of their respective legal representatives, successors, and assigns) from any claims, demands, losses, costs, liabilities, damages (indirect, actual, or consequential, including loss of profits, goodwill, use, or data), and expenses (including attorneys’ fees) of every kind and nature, whether known or unknown, expected or not expected, contingent or absolute, apparent or not apparent, that arise out of or relate to that dispute.
Waiver of California Civil Code Section 1542 — If you reside in California, you acknowledge familiarity with California Civil Code §1542, a statute that otherwise prohibits the release of unknown claims, which provides as follows:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
You (as the “credit or releasing party”) expressly agree to waive any rights you may have under Section 1542 or under laws of similar effect in any applicable jurisdictions.
Report Conduct or User Content on the Services — If someone may have violated these Terms (including the Code of Conduct), misused the Services, posted inappropriate User Content, engaged in inappropriate activity, or distributed illegal content, or if you have any other issue you would like to raise with us, please let us know by using any links provided in the Services or by contacting Customer Support at [email protected].
Trademark & DMCA/Copyright Policy — We respect the intellectual property rights of others and ask that you do the same. We respond to notices of alleged trademark or copyright infringement, consistent with the US Digital Millennium Copyright Act or laws of similar effect. For more information, please review our Copyright Page. We reserve the right, in our sole discretion and without notice, to terminate any player’s access to the Services if we determine that the player may be a “repeat infringer.”
In-Game Purchases and Virtual Items — The Services do not require you to make any purchase of any kind. The Services may include an opportunity to make in-game purchases or earn virtual, in-game items, including virtual coins, tokens, points, or other goods or services (collectively “Virtual Items”). If you choose to purchase Virtual Items, you will be required to pay a fee using “real world” money to obtain a limited, personal, non-transferable, and revocable license and right to use these Virtual Items within the Services for your personal, non-commercial, and entertainment purposes only. Virtual Items do not have an equivalent “real world” money value and can never be redeemed, transferred (to another user, between games, etc.), or cashed out for “real world” money, goods, or any other item of monetary value from us or any other party. We offer Virtual Items only for additional entertainment value within our Services.
You understand that pricing for Virtual Items may be dynamic and may vary over time and for different users. In addition, you understand that while you may “earn,” “buy,” or “purchase” Virtual Items in our Services, you do not legally “own” the Virtual Items and the amounts of any Virtual Item do not refer to “real” money or any credit balance in actual real-world currency. We own your account and any related Virtual Items. The amounts of any Virtual Items or any “virtual currency” balance shown in your account have no value outside of the game (e.g., in the real world), and instead only constitute a measurement of the extent of your limited license. We may modify or eliminate Virtual Items (or the pricing of those Virtual Items) at any time and at our sole discretion, with or without notice.
Web Stores and Third-Party Payment Platforms — Virtual Items purchased in our games on other applications stores or platforms, including Meta, Apple, or Google, will be subject to those platforms’ payment terms and conditions. We do not control how you pay on third-party platforms and are not responsible (or liable) for processing those payments. Please review those platforms’ terms and conditions for additional information. Your order for Virtual Items will represent your offer to obtain a limited license for the relevant Virtual Items, which will be accepted by us when we make the Virtual Items available in your account or process your payment, whichever comes first. Your limited license to Virtual Items begins when we accept your payment. When you get a limited license to use Virtual Items, they will be available in your account until used through the Services or otherwise surrendered as a result of termination of the Services in accordance with these Terms.
You are not allowed to transfer Virtual Items outside of the Services (e.g., in the “real world”), for example by selling, gifting, or trading them. We will not recognize those transfers as legitimate. In addition, you may not sublicense, trade, sell, or attempt to sell Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of a game. Any such prohibited transfer or attempted transfer will be void, and we may terminate your Account because of it, among exercising other remedies available to us under these Terms or applicable law.
Sales & Payment Terms — When purchasing Virtual Items or other content as may be made available, you agree to pay us (either directly or through a third-party platform) the applicable charges for your purchase, including applicable taxes incurred by you or anyone using an account registered to you, using a valid payment method we (or the applicable third-party platform) may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable.
All sales of Virtual Items and/or other content are final. If you are charged for Virtual Items that you did not purchase, or you did not receive the items you purchased, or you were charged an incorrect amount, you may request a refund or correction pursuant to our or the relevant third-party payment provider’s practices, guidelines, or policies. As explained above, if you purchased Virtual Items on other applications stores or third-party platforms, including Meta, Apple, or Google, those purchases and any requests for refunds will be subject to those platforms’ payment terms and conditions and will need to be sent directly to those providers. You can request a refund for purchases made directly from us by contacting Customer Support or following other instructions available from within our Services. Any refund request to us must be received within 96 hours after the purchase. Any refund request to third-party payment providers must be received within the time period specified in the relevant third-party payment provider’s terms.
ALL SALES ARE FINAL. YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, OR WHETHER YOU MADE A PAYMENT THROUGH OUR SITE OR SERVICES OR ANOTHER PLATFORM SUCH AS APPLE, GOOGLE, META, OR ANY OTHER SITES OR PLATFORMS WHERE WE OFFER OUR SERVICES. YOU WILL FORFEIT ALL VIRTUAL ITEMS IF WE TERMINATE OR SUSPEND YOUR ACCOUNT FOR ANY REASON, IN OUR SOLE DISCRETION, OR IF THE SERVICES (OR ANY ASPECT OF THEM) BECOME NO LONGER AVAILABLE. IF YOUR ACCOUNT, OR A PARTICULAR SUBSCRIPTION FOR THE SERVICES ASSOCIATED WITH YOUR ACCOUNT, IS TERMINATED, SUSPENDED, AND/OR IF WE HAVE TO REMOVE OR REVOKE ANY VIRTUAL ITEMS FROM YOUR ACCOUNT, NO REFUND WILL BE GRANTED, AND NO VIRTUAL ITEMS WILL BE CREDITED TO YOU OR CONVERTED TO CASH OR OTHER FORMS OF REIMBURSEMENT. PURCHASES TO ACQUIRE A LIMITED LICENSE AND RIGHT TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE TO THE FULL EXTENT ALLOWED BY LAW.
You agree that all sales of Virtual Items to you are final, and we have no obligation to refund any transaction once it has been made. You agree that when you purchase a Virtual Item, you request that the Virtual Item be delivered to you as soon as your order has been accepted. If you live in the European Economic Area or in the United Kingdom, this means that you will lose your statutory right to withdraw from your purchase of a Virtual Item and the associated terms as soon as you access and use that Virtual Item.
If, for any reason, you are refunded for a purchase of a Virtual Item, then we may also revoke your access to that Virtual Item. We may (i) refuse a request for a refund, (ii) suspend or cancel payment of a refund we have agreed to make, and (iii) revoke your access to a Virtual Item to which that refund relates, if we find evidence of fraud, abuse, or other manipulative behavior by you.
Recurring Subscriptions — We may offer subscriptions to a recurring payment plan for the Services, including Virtual Items. By purchasing a subscription (or activating a free trial subscription that automatically converts to a paid subscription if not canceled prior to the expiration of the free trial period), you request that we begin supplying the subscription Services immediately and you have entered into a periodic subscription contract with us. Your subscription will automatically renew after the specified cycle (e.g., 30 days) without notice unless you cancel. On your renewal date (or the date on which your free trial converts to a paid subscription, if not canceled by you), we will automatically charge the payment method associated with your account, plus applicable taxes, until you cancel. Please note that prices and charges, including the fees associated with any subscriptions or the prices for any Virtual Items, may change at any time and in our sole discretion. If we make a change to the periodic subscription rate, we will let you know in advance and give you the option to cancel. Subscriptions purchased through third-party platforms will be charged by the platform in accordance with its payment terms. Please review the appropriate platform’s payment terms carefully for additional information.
Subscriptions Auto-Renew Unless Canceled — Your subscription will automatically renew each subscription period unless and until you terminate your subscription, or we terminate it. You must cancel your subscription before it renews each billing period (or your trial subscription before expiration of the trial period), otherwise payment of the subscription fees for the next period will be taken automatically via your chosen payment method. You are solely responsible for the timely payment of all fees and charges and in ensuring the accuracy of the payment information associated with your account. If your payment does not process for any reason, your subscription may be automatically canceled.
Cancellation of Subscriptions — For subscriptions purchased through us, you can cancel at any time by contacting Customer Support or navigating to the payment settings page (if applicable). For subscriptions purchased through a platform such as Apple or Google, you may cancel at any time directly through the platform, as follows: you can manage and cancel your subscription at any time in the “Settings” of your device. For iOS subscriptions, please see Apple’s support page available here. For Google Play subscriptions, please see Google Play’s support page available here.
EXCEPT WHERE REQUIRED BY APPLICABLE LAW, SUBSCRIPTION PAYMENTS ARE NON-REFUNDABLE AND THERE WILL BE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIODS.
If you live in the European Economic Area or in the United Kingdom, then you may withdraw from your initial purchase of a subscription within 14 days of that purchase. To withdraw from a subscription, you must send us a clear written communication of your decision before the end of the 14-day withdrawal period. If you purchased the subscription through a third-party retailer (like Apple or Google), then you should send this communication to them, and they will carry out this refund. You can request a refund from Apple (here) and you can request a refund from Google (here). If you purchased the subscription directly from us, you request a refund by contacting Customer Support or following other instructions available from within the Services.
Our Services may feature advertisements from us or other companies. Our Privacy Policy explains what information we share with advertisers. Please read our Privacy Policy carefully.
In addition, the Services may, from time-to-time, include third-party content, including links to third-party apps, products or services, websites, or resources. Use of these third-party materials may require your compliance with applicable terms of service, terms of use, and privacy policies you have agreed and accepted with third parties. You understand that, by using any third-party materials, you may encounter content that could be considered offensive, indecent, or objectionable. You agree (i) that you use third-party materials at your sole risk; (ii) that we shall not have any liability to you for third-party materials; (iii) that we shall not be responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of third-party materials. We do not control third-party materials and provide them solely as a convenience to you. You acknowledge sole responsibility for, and assume all risks arising from, your use of any third-party apps, products or services, websites, or resources.
Suspension or Termination by Us — To the full extent permitted under applicable law, we may suspend, terminate, modify, or delete your account(s) and/or access to and use of the Services (or any part of them), at any time for any or no reason, with or without notice or liability to you or any third party. For purposes of explanation and not limitation, many account suspensions, terminations, and/or deletions may be the result of violations of these Terms. If applicable, please refer to the notice that you received from us or contact Customer Support at [email protected] for additional information.
Termination by You — You may terminate these Terms at any time by contacting us at [email protected].
Effect of Termination — Upon any termination or cancellation of the Services or your account(s), all provisions of these Terms which by their nature should survive will survive, including warranty disclaimers, limitations of liability, and dispute resolution provisions.
To the full extent permitted under applicable law, you agree to defend, indemnify, and hold harmless us, our affiliates, parent corporations, and licensors, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, insurers, and reinsurers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to these Terms, your use of the Services or any part of them, your Posting of User Content, or any violation of these Terms. You agree to cooperate in the defense of actions covered by this provision.
Nothing in these Terms affects the statutory rights that you may have as a consumer of the Services. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain liabilities. In those jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of these jurisdictions.
Warranty Disclaimers — You access and use the Services at your own sole risk. We provide the Services on an “as is” and “as available” basis, without warranty of any kind.
Limitation of Our Liability and Cap on Damages — To the full extent permissible by law, you acknowledge and agree that neither we nor any other party involved in creating, producing, or delivering the Services (including our affiliates and corporate parents), will be liable:
THE RISK OF USING THE SERVICES RESTS ENTIRELY WITH YOU, AS DOES THE RISK OF ANY FORM OF INJURY FROM THE SERVICES OR THE CONDUCT OF THIRD PARTIES.
In addition, to the full extent permissible by law, the aggregate (or total) liability of us (and any other party involved in creating, producing, or delivering the Services, including our affiliates and corporate parents) to you arising out of or relating to these Terms, your relationship with us, or your use of or access to the Services will not exceed the total amount paid by you in the six (6) months immediately before you first assert any claim. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation. Notwithstanding anything in the foregoing, if no amount has been paid by you in the six (6) month period immediately before you first assert any claim, our aggregate (total) liability in any form of action whatsoever in connection with these Terms, your relationship with us, or your use of or access to the Services will be the total sum of twenty U.S. dollars (US$20).
You agree that any claim you may have arising out of or relating to these Terms or your relationship with us must be filed within one (1) year after the purported claim arose. Otherwise, you acknowledge and agree that your claim will be permanently barred as untimely.
These Terms, and all claims or defenses based on, arising out of, or related to these Terms or our relationship under these Terms shall be governed by, and enforced in accordance with, the internal laws of the State of California, without reference to its choice of law rules or any principle calling for application of the law of any other jurisdiction.
Except as provided below, any disputes not subject to the Agreement to Arbitration set forth in these Terms shall be heard only in the state or federal courts located in Santa Clara County, California, unless we mutually agree to some other location. Each of us consents to venue and personal jurisdiction in Santa Clara County, California, for purposes of any such action.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND INCLUDES A WAIVER OF A TRIAL BY JURY IN A COURT AND OF THE ABILITY TO BRING ANY CONSOLIDATED, CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION.
Notice of Claim and Required Informal Dispute Resolution Process
In the event of any controversy or claim arising out of or relating to these Terms, we shall consult and negotiate with each other and, recognizing our mutual interests, attempt to reach a satisfactory solution, through first contacting Customer Support and then through the Informal Dispute Resolution Process described below. If these informal efforts do not resolve the concern or issue, as explained in more detail below, we each agree to resolve any dispute between us through binding arbitration or small claims court instead of in courts of general jurisdiction.
If you have any concerns about, or experience any issue with, the Services, most user concerns or issues can be resolved by contacting our Customer Support team at [email protected]. Before initiating the Informal Dispute Resolution Process (as described below) or any arbitration or court proceeding pursuant to this Section, you must first contact us to address your concerns or issues. Most disputes can be resolved that way.
If you have any concern or dispute that we cannot resolve, you agree to then try to resolve the dispute informally (the “Informal Dispute Resolution Process”) and in good faith by contacting us and providing a written notice of claim (the “Notice of Claim”) by sending an email to [email protected] (Attention: Legal). The Notice of Claim must provide us with an individualized and detailed description of the nature and factual basis of your individual, personal claim(s), the relief you seek (including a good-faith calculation of the specific amount in dispute), and information sufficient to identify your account(s) (such as a user ID or similar details). Your Notice of Claim may only include your individual personal claim(s) and may not be combined with a Notice of Claim for other individuals. After submitting your Notice of Claim, you then agree to meet and confer by email, telephonically, or by videoconference (such as Zoom), in good faith regarding your individual claim before taking any further action.
If any dispute related to your Notice of Claim cannot be resolved through the Informal Dispute Resolution Process within sixty (60) days of our receipt of the Notice of Claim, this Section explains how you and we agree to resolve it. As explained in more detail below, except for certain exceptions described below, we each agree to resolve any dispute between us through binding arbitration or small claims court instead of in courts of general jurisdiction. You understand and agree that you and we are giving up the right to sue in court and the right to have a trial before a judge or jury.
Agreement to Arbitration; Exceptions to Agreement to Arbitration
If we cannot resolve our dispute through customer support or through an Informal Dispute Resolution Process (as described above), YOU AND WE AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR, INCLUDING CLAIMS CONCERNING ANY ASPECT OF THE RELATIONSHIP BETWEEN US, YOUR ACCESS TO OR USE OF THE SERVICES, YOUR USE OF ANY GAME, ANY USER CONTENT, OR YOUR ACCOUNT.
This Agreement to Arbitration is intended to be interpreted broadly, and it applies to all disputes or claims of any kind under any theory (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) that you may have or assert against us.
You and we agree that the arbitrator shall have the exclusive authority to resolve any dispute arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope, applicability, or enforceability of this Agreement to Arbitration. This includes questions about whether any dispute between us is subject to this Agreement to Arbitration (i.e., the arbitrator will decide the arbitrability of any dispute) and whether all or any part of these terms are void or voidable.
Please note that an arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court and provides more limited discovery. It follows different rules than court proceedings and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND WE ARE GIVING UP THE RIGHT TO SUE IN COURT AND THE RIGHT TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
Exceptions to Agreement to Arbitration
This Section does not apply to the following types of claims or disputes, which you or we may bring in court in accordance with these Terms:
(1) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief;
(2) claims for preliminary injunctive relief for violations of these Terms;
(3) claims to request enforcement or recognition of any award or order in any appropriate jurisdiction; and
(4) our ability to suspend or terminate access to the Services pursuant to these Terms.
Small Claims Court — This Section does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you. In addition, any of us can bring a claim in small claims court either in Santa Clara County, California, or the county or jurisdiction where you live, or some other place we both agree on, if such claims meet the requirements to be brought in that small claims court. If either party files a claim in arbitration that could have been brought in small claims court, the other party may elect to resolve the claim through small claims court (rather than through arbitration) by providing notice to the other party before appointment of an arbitrator; upon receipt of such notice, the arbitration provider shall administratively close the case before assessing any fees, and the party bringing the claim must proceed in small claims court in lieu of arbitration.
Our Right to Opt-Out of Mass Arbitrations — In addition, if ten or more demands for arbitration are filed that share common factual or legal issues, and if counsel for the parties submitting those demands are the same or coordinated, we have the right to opt out of the provisions of this Agreement to Arbitration and elect to resolve the claim through small claims court (if applicable) or courts of general jurisdiction (rather than through arbitration) by providing notice to the other parties (and the arbitration provider) of our opt out and election before appointment of an arbitrator. Upon receipt of such notice, the arbitration provider shall administratively close the case before assessing any fees, and the parties bringing the claims must proceed in small claims court (if applicable) or courts of general jurisdiction in lieu of arbitration.
Procedure for Arbitration
The Federal Arbitration Act applies to this Section. The arbitration will be governed by the (i) Streamlined Arbitration Rules & Procedures of JAMS and (ii) the Mass Arbitration Procedures and Guidelines of JAMS if five or more demands for arbitration are filed that share common factual or legal issues and if counsel for the parties submitting those demands are the same or coordinated (collectively the “Rules”), as modified by these Terms. The Rules are available at https://www.jamsadr.com/rules-streamlined-arbitration/ and https://www.jamsadr.com/mass-arbitration-procedures. We shall appoint one arbitrator (fluent in English), who will be bound by these Terms. In the event of a conflict between the rules of the arbitration provider and the Terms, including with respect to the assessment of the fees and costs of arbitration, these Terms will govern.
To start an arbitration proceeding, use the form available on the JAMS website (https://www.jamsadr.com/submit/). Your arbitration demand must include an individualized and detailed description of the nature and factual basis of your individual, personal claim(s), the relief you seek (including a good-faith calculation of the specific amount in dispute), and information sufficient to identify your account(s) (such as a user ID or similar details). In addition, your arbitration demand must demonstrate your compliance with the preconditions to arbitration outlined above (e.g., first contacting customer support and then following the Informal Dispute Resolution Process before proceeding to arbitration).
Any arbitration under this Section that must take place in person (rather than through a more convenient virtual forum) will take place pursuant to the Rules and these Terms. The parties agree that any live proceedings, including the arbitration hearing, will be conducted at a location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances.
Payment of all filing, administrative, arbitrator fees, and costs of arbitration will be governed by the Rules, except as modified by these Terms. If your claim is for US$25,000 or less, we agree to reimburse your share of the arbitration costs (but not your attorneys’ fees), including your share of arbitrator fees, at the conclusion of the proceeding, unless the arbitrator determines your claims are frivolous, your claims were brought for an improper purpose, or your arbitration costs are unreasonable as determined by the arbitrator. If you seek more than US$25,000, the arbitration costs, including arbitrator compensation, will be split between you and us according to the rules of the arbitration provider. Notwithstanding the above, if you demonstrate that you are unable to afford the fees or costs of arbitration, qualify for a statutory exemption, or if the arbitrator determines that your payment of any portion of the costs or fees would be cost-prohibitive (as compared to litigation), we will pay them. Irrespective of the amount you seek, neither party shall be entitled to have their attorneys’ fees or costs paid by the other party; provided, however, that either party may seek to recover their attorneys’ fees and costs in arbitration if the arbitrator determines that the other party’s claims (or counterclaims) are frivolous or were brought for an improper purpose.
For non-US Users
In the event of any controversy or claim arising out of or relating to these Terms, including any question regarding its existence, validity, termination, or breach thereof, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a satisfactory solution. If they do not reach a settlement within a period of sixty (60) days, then, upon notice by any party to the other(s), any unresolved controversy or claim shall be settled by arbitration administered by the International Centre for Dispute Resolution (“ICDR”) (www.icdr.org) in accordance with the provisions of its International Arbitration Rules. The place of arbitration shall be in London, England, or another location that you and we mutually agree to, and the number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English.
Consolidated, Class Action, Collective Action, and Representative Action Waiver
For disputes arising between us and you, or any other user, you and we agree that we can only bring a claim against each other on an individual basis. NEITHER YOU NOR WE CAN BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION, CLASS-WIDE ARBITRATION, CONSOLIDATED ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. THE ARBITRATOR CANNOT COMBINE MORE THAN ONE PERSON’S CLAIM INTO A SINGLE CASE, AND CANNOT PRESIDE OVER ANY CONSOLIDATED, CLASS, COLLECTIVE, OR REPRESENTATIVE ARBITRATION PROCEEDING, UNLESS WE BOTH AGREE OTHERWISE IN WRITING. NONETHELESS, IF ANY PORTION OF THIS CONSOLIDATED, CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION WAIVER IS DEEMED UNENFORCEABLE OR INVALID, THE ARBITRATOR SHALL HAVE AUTHORITY TO ISSUE ANY AND ALL REMEDIES AUTHORIZED BY LAW.
YOU UNDERSTAND THAT, ABSENT THIS AGREEMENT TO ARBITRATION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CONSOLIDATED, CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.
Changes to this Section
Notwithstanding any provision in these Terms to the contrary, we agree that, if we make any future material change to this Section, you may reject any such material change by sending us written notice within thirty (30) days of the change to [email protected].
Severability
This Section applies to the maximum extent permitted by applicable law. If any competent authority deems any portion of this Section illegal or unenforceable, such provision will be severed and the remainder of this Section will be given full force and effect.
If any competent authority determines that applicable law precludes the arbitration of any claim, cause of action, or requested remedy, then that claim, cause of action, or requested remedy, and only that claim, cause of action, or requested remedy, will be severed from this Agreement to Arbitration (as described below), and will be brought in a court of competent jurisdiction. If a claim, cause of action, or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action, or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action, and requested remedies are resolved by the arbitrator.
This Section shall survive termination of these Terms.
Photosensitivity Warning — Certain people may react to certain images, backgrounds, features, or effects, including light patterns or flashing lights (regardless of whether they have a diagnosed condition or history) in our Services, Site, or other content. If you or anyone in your family has an epileptic condition, consult your physician prior to playing. If you experience any issues or symptoms while using our Services or playing a Game, IMMEDIATELY discontinue use and consult your physician before returning to our Services or resuming play.
Entire Agreement — These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between us and you regarding the Services.
Severability — If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
No Assignment or Transfer by You — You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
No Waiver — Our failure to enforce any right or provision of these Terms 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 our duly authorized representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
EEA Online Dispute Resolution Platform — If you are a consumer in EEA, the European Commission’s Online Dispute Resolution Platform has been introduced to help consumers who have purchased goods or services online without going to court. If applicable, the platform can be found here: http://ec.europa.eu/consumers/odr.
California Notice — Pursuant to California Civil Code Section 1789.3, we note the following for consumers from California: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 1(916) 445-1254 or 1(800) 952-5210. We may be contacted in writing at the addresses set forth in the “Contact Information” section.
If you have any questions about these Terms or the Services, please contact us at [email protected] or the address set forth below:
1100 Page Mill Road, Palo Alto, CA 94304