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Moonrise End User License Agreement
Introduction
THIS END USER LICENSE AGREEMENT ("EULA" OR "AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU and Undead Labs, LLC ("UL"), governing our use or installation of the video game entitled “Moonrise” (the "Game"). For purposes of this Agreement "You" refers to any user of the Game. This EULA, together with all updates, additional terms, software licenses, and all of UL's rules and policies including its website Terms of Use and Privacy Policy, collectively constitute the "agreement" between You and UL. By installing the Game You are indicating that You agree to these terms. If You do not agree to these terms do not install or use the Game. You must accept and abide by these terms as presented to You. Changes, additions, or deletions are not acceptable, and UL may refuse access to the Game for noncompliance with any part of this agreement.
You are contracting with Undead Labs, LLC, a Washington limited liability company.
The Game is licensed, not sold, to You for use only under the terms of this agreement, unless accompanied by a separate license agreement issued by UL, in which case the terms of that separate UL license agreement will govern. As between UL and You, UL reserves all rights not expressly granted to You in this agreement. The license granted herein confers no title or ownership in the Game and should not be construed as a sale of any rights to the Game. All right, title and interest in and to the Game and any and all copies thereof (including without limitation any and all titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, music, etc.) are owned by UL or their licensors. Such licensors are third party beneficiaries of this agreement with the right to enforce their rights against You if You violate this agreement. This license granted to You for the Game by UL is limited to a non-transferable license to use the Game on any personal computer that You own or control. This license does not allow You to use the Game on any product that You do not own or control, and You may not distribute or make the Game available over a network where it could be used by multiple devices at the same time. You may not transfer in any form (including rent, lease, lend, sell, redistribute or sublicense) the Game. To the extent not prohibited by local applicable law, You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Game, any updates, or any parts of updates, except regarding use of open source elements components included with this Game). Any attempt to do so is a violation of the rights of UL and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license set forth in this agreement will govern any upgrades provided by UL that replace and/or supplement the original product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
By using the Game, You acknowledge and accept that UL may collect and use technical data and related information, including but not limited to technical information about Your personal computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Game subject to its Privacy Policies and applicable local law. UL may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
This Agreement is effective until terminated by UL. To the fullest extent permitted by local applicable law, any rights granted herein are subject to termination with or without notice from UL if You violate and/or fail to comply with any terms or conditions set forth herein. Once this agreement is terminated, You are no longer entitled to use the Game. You shall cease all use of the Game, and destroy any legally made copies or portions thereof, of the Game. You acknowledge and agree that UL reserve the right to grant refunds or issue replacement products or services in its sole discretion.
French Users: The Game may include a component of fictional credits or currency sometimes called "Points" (collectively, "Virtual Currency"). Refund of money spent to purchase Virtual Currency may be granted provided that termination of this Agreement or the Services was abrupt and unjustified, and did not provide you any time to use such Virtual Currency.
The Game uses tracking technologies, including those native to personal computers and log files, consistent with UL’s privacy policy. These technologies may enable access to UL’s and third party services and web sites (collectively and individually, "Services"). Use of the Services on these sites may require separate Internet access and that You accept additional terms of service.
You understand that by using any of the Services referenced above, or the Game, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that UL shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable to the fullest extent permitted by local applicable law.
Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party web sites. By using the Services, You acknowledge and agree that UL is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. UL does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties to the fullest extent permitted by local applicable law. Third Party Materials and links to other web sites are provided solely as a convenience to You.
UL makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Third Party Materials, You do so at Your own initiative and risk and You are solely responsible for compliance with any applicable laws, including but not limited to applicable local laws. You are also solely responsible for compliance with the rules and/or policies of any such Services or Third Party Materials. UL, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. You are also solely responsible for compliance with the rules and/or policies of any such Services of Third Party Materials. In no event will UL be liable for the removal of or disabling of access to any such Services. UL may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
You understand that UL may offer integration with its own and/or with third party Services for Your convenience. Further, You understand that UL is not affiliated with, does not endorse, and is not responsible to these third party Services. UL is not responsible for the contents of, updates to, or privacy practices of these third parties, which may differ from those of UL. The personal data You may choose to give to UL by means of registering the Game with UL and otherwise using the Game shall be governed by UL‘s privacy policy located at http://undeadlabs.com/privacy-policy.
You expressly acknowledge and agree that use of the Game is at Your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is Your responsibility. To the fullest extent permitted by local applicable law, the Game and any services performed or provided by the Game are provided "as is" and "as available", with all faults and without warranty of any kind, and UL hereby disclaims all warranties and conditions with respect to the Game and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.
To the fullest extent permitted by local applicable law, UL does not warrant against interference with Your enjoyment of the Game in any way, or that defects in the Game or services will be corrected. No information or advice given by UL representatives shall create any warranty. Should the Game or services prove defective, You assume the entire cost of all necessary servicing, repair or correction to the fullest extent permitted by local applicable law. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to You.
To the fullest extent permitted by local applicable law, in no event shall UL be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to Your use or inability to use the Game, however caused, regardless of the theory of liability (contract, tort or otherwise), even where You have been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to You. To the fullest extent permitted by local applicable law, in no event shall UL’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
UK USERS: NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES UL’S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY UL’S NEGLIGENCE; (B) ANY LOSS SUFFERED BY YOU AS A RESULT OF YOUR RELIANCE ON ANY FRAUDULENT MISREPRESENTATION MADE BY US TO YOU; OR (C) ANY OTHER LIABILITY THAT CANNOT BY LAW BE EXCLUDED OR LIMITED.
Brazil Users: The limitations of liability set forth in this agreement will only be applicable in cases of ordinary negligence.
INDEMNIFICATION. TO THE EXTENT NOT PROHIBITED BY LOCAL APPLICABLE LAW, YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS UL, ITS PARENT, SUBSIDIARIES AND AFFILIATES, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO YOUR USE OF THE GAME.
You may not use or otherwise export or re-export the Game except as authorized by United States law and the laws of the jurisdiction in which the Game was obtained. In particular, but without limitation, the Game may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Game, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
The Game and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Washington, as they are applied to agreements entered into and to be performed entirely within Washington. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Binding Arbitration.
(a) You or UL may elect to have any dispute or claim related to this Agreement (“Claim”) (except as otherwise provided in paragraph (d)) finally and exclusively resolved by binding arbitration by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this paragraph (a) and the JAMS Rules, the terms in the JAMS Rules will control and prevail.
Except as otherwise set forth in paragraph (d), you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (i) you and UL may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision is final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND UL ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
(b) Location. The arbitration will take place in your hometown area if you so notify UL in your notice of arbitration or within ten (10) days following receipt of UL’s arbitration notice. In the absence of a notice to conduct the arbitration in your hometown area, the arbitration will be conducted in Seattle, Washington, unless the parties agree to video, phone and/or internet connection appearances. Any Claim not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided exclusively by a court of competent jurisdiction in Seattle, Washington, United States of America, and you and UL agree to submit to the personal jurisdiction of that court.
(c) Limitations. You and UL agree that any arbitration shall be limited to the Claim between UL and you individually. YOU AND UL AGREE THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW: (I) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (III) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER.
(d) Exceptions to Negotiations and Arbitration. You and UL agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claims seeking to enforce or protect, or concerning the validity of, any of your or UL’s intellectual property rights; and (ii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such courts’ jurisdiction in lieu of arbitration.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein. UK, France, Italian, Brazil, and Spanish Users: the above article shall be without prejudice to your rights under applicable mandatory law under which you may be entitled to bring a legal proceeding before a local jurisdiction.
Australian Users: Users who use the Game or acquire the Services in Australia may be entitled to the guarantees, rights and remedies provided for in the Australian Consumer Law. The provisions of that law prevail over any inconsistent provisions in this Agreement. Users should refer to that law when determining what their rights and obligations are in respect of the Services. Notwithstanding the governing law specified in this Agreement, this Agreement is governed by, and construed in accordance with, the proper law of the Agreement.
Except where otherwise specified, the contents of the Game are copyright © 2014 Kabam, Inc. under license by Undead Labs, LLC. All rights reserved.
Introduction
THIS END USER LICENSE AGREEMENT ("EULA" OR "AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU and Undead Labs, LLC ("UL"), governing our use or installation of the video game entitled “Moonrise” (the "Game"). For purposes of this Agreement "You" refers to any user of the Game. This EULA, together with all updates, additional terms, software licenses, and all of UL's rules and policies including its website Terms of Use and Privacy Policy, collectively constitute the "agreement" between You and UL. By installing the Game You are indicating that You agree to these terms. If You do not agree to these terms do not install or use the Game. You must accept and abide by these terms as presented to You. Changes, additions, or deletions are not acceptable, and UL may refuse access to the Game for noncompliance with any part of this agreement.
You are contracting with Undead Labs, LLC, a Washington limited liability company.
The Game is licensed, not sold, to You for use only under the terms of this agreement, unless accompanied by a separate license agreement issued by UL, in which case the terms of that separate UL license agreement will govern. As between UL and You, UL reserves all rights not expressly granted to You in this agreement. The license granted herein confers no title or ownership in the Game and should not be construed as a sale of any rights to the Game. All right, title and interest in and to the Game and any and all copies thereof (including without limitation any and all titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, music, etc.) are owned by UL or their licensors. Such licensors are third party beneficiaries of this agreement with the right to enforce their rights against You if You violate this agreement. This license granted to You for the Game by UL is limited to a non-transferable license to use the Game on any personal computer that You own or control. This license does not allow You to use the Game on any product that You do not own or control, and You may not distribute or make the Game available over a network where it could be used by multiple devices at the same time. You may not transfer in any form (including rent, lease, lend, sell, redistribute or sublicense) the Game. To the extent not prohibited by local applicable law, You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Game, any updates, or any parts of updates, except regarding use of open source elements components included with this Game). Any attempt to do so is a violation of the rights of UL and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license set forth in this agreement will govern any upgrades provided by UL that replace and/or supplement the original product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
By using the Game, You acknowledge and accept that UL may collect and use technical data and related information, including but not limited to technical information about Your personal computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Game subject to its Privacy Policies and applicable local law. UL may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
This Agreement is effective until terminated by UL. To the fullest extent permitted by local applicable law, any rights granted herein are subject to termination with or without notice from UL if You violate and/or fail to comply with any terms or conditions set forth herein. Once this agreement is terminated, You are no longer entitled to use the Game. You shall cease all use of the Game, and destroy any legally made copies or portions thereof, of the Game. You acknowledge and agree that UL reserve the right to grant refunds or issue replacement products or services in its sole discretion.
French Users: The Game may include a component of fictional credits or currency sometimes called "Points" (collectively, "Virtual Currency"). Refund of money spent to purchase Virtual Currency may be granted provided that termination of this Agreement or the Services was abrupt and unjustified, and did not provide you any time to use such Virtual Currency.
The Game uses tracking technologies, including those native to personal computers and log files, consistent with UL’s privacy policy. These technologies may enable access to UL’s and third party services and web sites (collectively and individually, "Services"). Use of the Services on these sites may require separate Internet access and that You accept additional terms of service.
You understand that by using any of the Services referenced above, or the Game, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that UL shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable to the fullest extent permitted by local applicable law.
Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party web sites. By using the Services, You acknowledge and agree that UL is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. UL does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties to the fullest extent permitted by local applicable law. Third Party Materials and links to other web sites are provided solely as a convenience to You.
UL makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Third Party Materials, You do so at Your own initiative and risk and You are solely responsible for compliance with any applicable laws, including but not limited to applicable local laws. You are also solely responsible for compliance with the rules and/or policies of any such Services or Third Party Materials. UL, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. You are also solely responsible for compliance with the rules and/or policies of any such Services of Third Party Materials. In no event will UL be liable for the removal of or disabling of access to any such Services. UL may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
You understand that UL may offer integration with its own and/or with third party Services for Your convenience. Further, You understand that UL is not affiliated with, does not endorse, and is not responsible to these third party Services. UL is not responsible for the contents of, updates to, or privacy practices of these third parties, which may differ from those of UL. The personal data You may choose to give to UL by means of registering the Game with UL and otherwise using the Game shall be governed by UL‘s privacy policy located at http://undeadlabs.com/privacy-policy.
You expressly acknowledge and agree that use of the Game is at Your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is Your responsibility. To the fullest extent permitted by local applicable law, the Game and any services performed or provided by the Game are provided "as is" and "as available", with all faults and without warranty of any kind, and UL hereby disclaims all warranties and conditions with respect to the Game and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.
To the fullest extent permitted by local applicable law, UL does not warrant against interference with Your enjoyment of the Game in any way, or that defects in the Game or services will be corrected. No information or advice given by UL representatives shall create any warranty. Should the Game or services prove defective, You assume the entire cost of all necessary servicing, repair or correction to the fullest extent permitted by local applicable law. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to You.
To the fullest extent permitted by local applicable law, in no event shall UL be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to Your use or inability to use the Game, however caused, regardless of the theory of liability (contract, tort or otherwise), even where You have been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to You. To the fullest extent permitted by local applicable law, in no event shall UL’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
UK USERS: NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES UL’S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY UL’S NEGLIGENCE; (B) ANY LOSS SUFFERED BY YOU AS A RESULT OF YOUR RELIANCE ON ANY FRAUDULENT MISREPRESENTATION MADE BY US TO YOU; OR (C) ANY OTHER LIABILITY THAT CANNOT BY LAW BE EXCLUDED OR LIMITED.
Brazil Users: The limitations of liability set forth in this agreement will only be applicable in cases of ordinary negligence.
INDEMNIFICATION. TO THE EXTENT NOT PROHIBITED BY LOCAL APPLICABLE LAW, YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS UL, ITS PARENT, SUBSIDIARIES AND AFFILIATES, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO YOUR USE OF THE GAME.
You may not use or otherwise export or re-export the Game except as authorized by United States law and the laws of the jurisdiction in which the Game was obtained. In particular, but without limitation, the Game may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Game, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
The Game and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Washington, as they are applied to agreements entered into and to be performed entirely within Washington. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Binding Arbitration.
(a) You or UL may elect to have any dispute or claim related to this Agreement (“Claim”) (except as otherwise provided in paragraph (d)) finally and exclusively resolved by binding arbitration by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this paragraph (a) and the JAMS Rules, the terms in the JAMS Rules will control and prevail.
Except as otherwise set forth in paragraph (d), you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (i) you and UL may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision is final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND UL ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
(b) Location. The arbitration will take place in your hometown area if you so notify UL in your notice of arbitration or within ten (10) days following receipt of UL’s arbitration notice. In the absence of a notice to conduct the arbitration in your hometown area, the arbitration will be conducted in Seattle, Washington, unless the parties agree to video, phone and/or internet connection appearances. Any Claim not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided exclusively by a court of competent jurisdiction in Seattle, Washington, United States of America, and you and UL agree to submit to the personal jurisdiction of that court.
(c) Limitations. You and UL agree that any arbitration shall be limited to the Claim between UL and you individually. YOU AND UL AGREE THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW: (I) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (III) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER.
(d) Exceptions to Negotiations and Arbitration. You and UL agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claims seeking to enforce or protect, or concerning the validity of, any of your or UL’s intellectual property rights; and (ii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such courts’ jurisdiction in lieu of arbitration.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein. UK, France, Italian, Brazil, and Spanish Users: the above article shall be without prejudice to your rights under applicable mandatory law under which you may be entitled to bring a legal proceeding before a local jurisdiction.
Australian Users: Users who use the Game or acquire the Services in Australia may be entitled to the guarantees, rights and remedies provided for in the Australian Consumer Law. The provisions of that law prevail over any inconsistent provisions in this Agreement. Users should refer to that law when determining what their rights and obligations are in respect of the Services. Notwithstanding the governing law specified in this Agreement, this Agreement is governed by, and construed in accordance with, the proper law of the Agreement.
Except where otherwise specified, the contents of the Game are copyright © 2014 Kabam, Inc. under license by Undead Labs, LLC. All rights reserved.