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DUNGEON DEFENDERS: AWAKENED END USER LICENSE AGREEMENT
In order to protect Dungeon Defenders: Awakened (our “Game”) and the members of our community, we need these end user license terms to set out some rules for downloading and using our Game. This license is a legal agreement between you and us Chromatic Games (“Chromatic”) and describes the terms and conditions for using the Game. If you break these rules we may stop you from using our Game or specifically our Game’s online services.
If you buy, download, use or play our Game, you are agreeing to stick to the rules of these end user license agreement ("EULA") terms. If you don't want to or can't agree to these rules, then you must not buy, download, use or play our Game. This EULA incorporates the terms of service for the https://dungeondefenders.com website and the Game ("Account Terms") and our privacy policy. By agreeing to this EULA you also agree to all of the terms of the foregoing documents, so please read through them carefully.
FOR THOSE WHO LIVE IN THE UNITED STATES, THIS AGREEMENT CONTAINS BINDING ARBITRATION AGREEMENT, AND CLASS ACTION WAIVER BELOW. PLEASE READ IT.
DISTRIBUTE RULE
You must not distribute anything we've made unless we specifically agree to it. By "distribute anything we've made" what we mean is:
USING OUR GAME
You have been granted a license to the Game so you can play and use it, yourself, on your devices.
Below we give you limited rights to do other things but can not be used as an excuse to circumvent our agreements or intentionally ruin various aspects of the Game. If you wish to make something pertaining to anything we've made we're humbled, but please make sure that it can't be interpreted as being official and that it complies with this EULA and the brand and asset usage guidelines and above all do not make commercial use of anything we've made.
The license and permission we give you to use and play our Game can be revoked if you break any of the terms of this EULA.
When you buy our Game, you receive a license that gives you permission to install the Game on your own personal device and use and play it on that device as set out in this EULA. This permission is personal to you, so you are not allowed to distribute the Game (or any part of it) to anyone else. This also means you cannot sell or rent the Game, or make it available for access to other people and you cannot pass on or resell any license keys. You may however give gift codes that have been bought through our official gift code system. This is important to help us stop piracy and fraud and to protect our Game. It is also important to prevent members of our community from buying pirated versions of our Game or fraudulent license keys - which we may cancel, such as in the case of fraud.
If you've bought the Game, you may play around with it and if officially allowed to through our provided tools, means to modify it by adding modifications or adding additional content you create which we will refer to collectively as "Mods." By "Mods," we mean something original that you or someone else created that doesn't contain a substantial part of our copyrightable code or content. We have the final say on what constitutes a Mod and what doesn't. You may not distribute any Modded Versions of our Game or software, and we’d appreciate it if you didn’t use Mods for griefing. Basically, Mods are okay to distribute; hacked versions or Modded Versions of the Game client or server software are not okay to distribute.
Within reason you're free to do whatever you want with screenshots and videos of the Game. By "within reason" we mean that you can't make any commercial use of them or do things that are unfair or adversely affect our rights unless we've specifically said it's okay in this EULA, allowed it through the Brand and Asset Usage Guidelines, or provided for it in a specific agreement with you. If you upload videos of the game to video sharing and streaming sites you are however allowed to put ads on them.
Essentially the rule is do not make commercial use of anything we've made unless we've specifically said it's okay. Oh and if the law expressly allows it, such as under a "fair use" or fair dealing" doctrine then that's ok too - but only to the extent that the law applicable to you says so.
In order to ensure the integrity of the Game, we need all Game downloads and updates to come from an authorized source. It's also important for us that 3rd party tools/services don't seem "official" as we can't guarantee their quality. It's part of the responsibility we have to the customers of Dungeon Defenders: Awakened. Make sure that you read through our brand and asset usage guidelines too.
OWNERSHIP OF OUR GAME
Although we license you permission to install on your device and play our Game, we are still the owners of it. We are also the owners of our brands and any content contained in the Game. Therefore, when you pay for our Game, you are buying a license to play / use our Game in accordance with this EULA - you are not buying the Game itself. The only permissions you have in connection with the Game and your installation of it are the permissions set out in this EULA.
Any Mods you create for the Game from scratch belong to you (including in game Mods and content Mods) and you can do whatever you want with them, as long as you don't sell them for money / try to make money from them and so long as you don’t distribute Modded Versions of the Game. Remember that a Mod means something that is your original work and that does not contain a substantial part of our code or content. You only own what you created; you do not own our code or content.
CONTENT
If you make any content available on or through our Game, you agree to give us permission to use, copy, modify, adapt, distribute, and publicly display that content. This permission is irrevocable, and you also agree to let us permit other people to use, copy, modify, adapt, distribute, and publicly display your content. You are not giving up your ownership rights in your content, you are just giving us and other users permission to use it. For example, we may need to copy, reformat, and distribute content that you post on our website so others can read it. If you don't want to give us these permissions, do not make content available on or through our Game. Please think carefully before you make any content available, because it may be made public and might even be used by other people in a way you don't like.
If you are going to make something available on or through our Game, it must not be offensive to people or illegal, it must be honest, and it must be your own creation. Some examples of the types of things you must not make available using our Game include: posts that include racist or homophobic language; posts that are bullying or trolling; posts that are offensive or that damage our or another person's reputation; posts that include porn or someone else's creation or image; or posts that impersonate a moderator or try to trick or exploit people.
Any content you make available on our Game must also be your creation or you must have permission or the legal right to do it. You must not and you agree that you will not make any content available, using the Game that infringes the rights of others. '
We reserve the right to take down any content in our discretion.
Please watch out if you are talking to people in our Game. It is hard for either you or us to know for sure that what people say is true, or even if people are really who they say they are. You should think twice about giving out information about yourself.
UPDATES
We might make upgrades, updates or patches (we call them all "updates") available from time to time, but we don't have to. We are also not obliged to provide ongoing support or maintenance of any Game. Of course, we hope to continue to release new updates for our Game, we just can't guarantee that we will do so. With updates come changes that might not work well with other software, such as Mods. This is unfortunate, but it is something we don’t take responsibility for. If that is the case, try running an older version.
OUR LIABILITY, GOVERNING LAW, AND PLACE TO RESOLVE DISPUTES
The terms of this EULA do not affect any legal (statutory) rights that you may have under the law that applies to you for the Game. You might have certain rights which the law that applies to you says cannot be excluded. Nothing we say in these terms will affect those legal rights, even if we say something which sounds like it contradicts your legal rights. That’s what we mean when we say “subject to applicable law”.
SUBJECT TO APPLICABLE LAW, When you get a copy of our Game, we provide it "'as is"'. Updates are also provided "'as is"'. This means that we are not making any promises to you about the standard or quality of our Game, or that our Game will be uninterrupted or error free. We are not responsible for any loss or damage that it may cause. You bear the entire risk as to its quality and performance. You have to accept that we may release games well before they are complete and so they may (and often will) have bugs -but we prefer to release these features early than make you wait for perfection. If you would like to notify us about a potential bug, we have a site for that here.
TERMINATION
If we want we can terminate this EULA if you breach any of the terms. You can terminate it too, at any time; all you have to do is uninstall the Game from your device and the EULA will be terminated. If the EULA is terminated, you will no longer have any of the rights to the Game given in this license. You do still have the right to things you have created yourself with the game of course. The Arbitration Agreement (if you live in the United States) and the paragraphs about "OWNERSHIP OF OUR GAME" and "MISCELLANEOUS" will continue to apply even after the EULA is terminated.
TAXES
You may be required to report as taxable income the value of any prizes received by you. Chromatic or any sponsor who provides a particular prize may report the value of the prize to Federal or state taxing authorities.
CHANGES TO THIS AGREEMENT
Chromatic reserves the right to modify or delete certain terms of this Agreement as the Game evolves; provided, however, that material changes to this Agreement will not be applied retroactively. Such changes will be effective with or without prior notice to you. You can review the most current version of this Agreement by reviewing the “Terms of Service” located here. You are responsible for checking this Agreement periodically for changes. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in agreement or compliance with this Agreement, you must terminate this Agreement and immediately stop using the Game. Your continued use of any of the Game following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Please note that Chromatic may also revise other policies, at any time, and the new versions will be available on the website. Chromatic has no obligation to refund any fees that may have accrued to your account before cancellation of your account or cessation of use of any subscription, nor will Chromatic have any obligation to prorate any fees in such circumstances.
PRIVACY ISSUES
Our general Privacy Policy (Privacy Policy) which is located here is incorporated into this Agreement for all purposes. You agree that you have reviewed, agree to and understand our Privacy Policy. If you are located outside of the United States, please note that the information that you provide is being sent to the United States. As further described in our Privacy Policy, by using the Game, you consent to your data being sent to the United States and to such other third parties and jurisdictions as may be involved in the provision and operation of the Game.
Please note that all persons under the age of majority in their jurisdiction are required to have a parent or guardian read and accept this Agreement and our Privacy Policy on their behalf.
LAW/DISPUTE RESOLUTION/BINDING ARBITRATION/CLASS ACTION WAIVER SECTION
You agree that this Agreement is deemed to have been made and executed in the State of Delaware, U.S.A., and any dispute arising hereunder must be resolved in accordance with the law of Delaware. Subject to the Dispute Resolution/Binding Arbitration/Class Action Waiver below, you agree that any claim asserted in any legal proceeding by you against Chromatic must be commenced and maintained exclusively in any state or federal court located in Delaware, having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys’ fees and expenses.
In order to expedite and control the cost of disputes, you and Chromatic agree that any legal or equitable claim relating to this Agreement (referred to as Claim) will be resolved as follows:
Most user concerns can be resolved by use of our Chromatic support site. If we are unable to resolve your concerns and a dispute remains between you and Chromatic, this Section explains how we agree to resolve it.
YOU AND CHROMATIC AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION. THAT INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS ARISING OUT OF OR RELATING TO: (I) ANY ASPECT OF THE RELATIONSHIP BETWEEN US; (II) THIS AGREEMENT; OR (III) YOUR USE OF PLAYVERSE, YOUR ACCOUNT OR ANY SOFTWARE. IT APPLIES REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, STATUTE, FRAUD, UNFAIR COMPETITION, MISREPRESENTATION OR ANY OTHER LEGAL THEORY.
However, this Section does not apply to the following types of claims or disputes, which either party may bring in any court with jurisdiction: (i) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and (ii) claims related to or arising from any alleged unauthorized use, piracy or theft.
YOU UNDERSTAND THAT YOU AND CHROMATIC ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
The Federal Arbitration Act applies to this Section. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes, as modified by this Agreement, both of which are available at https://www.adr.org. The AAA will administer the arbitration. The arbitration costs, including arbitrator compensation, will be split between you and Chromatic according to the AAA Commercial Arbitration Rules and the AAA’s Supplementary Procedures for Consumer Related Disputes, if applicable.
YOU AND CHROMATIC AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF AAA’s PROCEDURES OR RULES WOULD OTHERWISE ALLOW ONE. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S INDIVIDUAL CLAIM. You and Chromatic also agree not to seek to combine any action or arbitration with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations.
If the agreement in this Section not to bring or participate in a class or representative action, private attorney general action or collective arbitration should be found illegal or unenforceable, you and Chromatic agree that it shall not be severable, that this entire Section shall be unenforceable and any claim or dispute would be resolved in court and not in collective arbitration.
Notwithstanding this Section, you have the right to litigate any dispute in small claims court, if all the requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the dispute, are satisfied.
This Section shall apply to the maximum extent permitted by applicable law.
Miscellaneous
The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We may assign or transfer this Agreement to an affiliate or to a successor in a merger of sale of substantially all our assets. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. You are not relying on any representation concerning this subject matter, oral or written, not included in this Agreement. No representation, promise or inducement not included in this Agreement is binding. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Chromatic is not liable for any breach of the Agreement caused by matters beyond Chromatic’s reasonable control, including, without limitation, Acts of God, fire, lightning, explosion, war, disorder, flood, or acts of local or central government or other authorities or regulatory bodies. The parties may not amend this agreement orally, and it may only be amended as described in this agreement or in a signed writing of the parties.
If you come to us with a suggestion for any one of our Websites or Games, that suggestion is made for free and we have no obligation to accept or consider it. This means we can use or not use your suggestion in any way we want and we don't have to pay you for it. If you think you have a suggestion that we would be willing to pay you for, please do not submit your suggestion unless you have first told us you expect to be paid and we have responded in writing by asking you to submit the suggestion.
In order to protect Dungeon Defenders: Awakened (our “Game”) and the members of our community, we need these end user license terms to set out some rules for downloading and using our Game. This license is a legal agreement between you and us Chromatic Games (“Chromatic”) and describes the terms and conditions for using the Game. If you break these rules we may stop you from using our Game or specifically our Game’s online services.
If you buy, download, use or play our Game, you are agreeing to stick to the rules of these end user license agreement ("EULA") terms. If you don't want to or can't agree to these rules, then you must not buy, download, use or play our Game. This EULA incorporates the terms of service for the https://dungeondefenders.com website and the Game ("Account Terms") and our privacy policy. By agreeing to this EULA you also agree to all of the terms of the foregoing documents, so please read through them carefully.
FOR THOSE WHO LIVE IN THE UNITED STATES, THIS AGREEMENT CONTAINS BINDING ARBITRATION AGREEMENT, AND CLASS ACTION WAIVER BELOW. PLEASE READ IT.
DISTRIBUTE RULE
You must not distribute anything we've made unless we specifically agree to it. By "distribute anything we've made" what we mean is:
- make commercial use of anything we've made;
- try to make money from anything we've made; or
- let other people get access to anything we've made in a way that is unfair or unreasonable;
USING OUR GAME
You have been granted a license to the Game so you can play and use it, yourself, on your devices.
Below we give you limited rights to do other things but can not be used as an excuse to circumvent our agreements or intentionally ruin various aspects of the Game. If you wish to make something pertaining to anything we've made we're humbled, but please make sure that it can't be interpreted as being official and that it complies with this EULA and the brand and asset usage guidelines and above all do not make commercial use of anything we've made.
The license and permission we give you to use and play our Game can be revoked if you break any of the terms of this EULA.
When you buy our Game, you receive a license that gives you permission to install the Game on your own personal device and use and play it on that device as set out in this EULA. This permission is personal to you, so you are not allowed to distribute the Game (or any part of it) to anyone else. This also means you cannot sell or rent the Game, or make it available for access to other people and you cannot pass on or resell any license keys. You may however give gift codes that have been bought through our official gift code system. This is important to help us stop piracy and fraud and to protect our Game. It is also important to prevent members of our community from buying pirated versions of our Game or fraudulent license keys - which we may cancel, such as in the case of fraud.
If you've bought the Game, you may play around with it and if officially allowed to through our provided tools, means to modify it by adding modifications or adding additional content you create which we will refer to collectively as "Mods." By "Mods," we mean something original that you or someone else created that doesn't contain a substantial part of our copyrightable code or content. We have the final say on what constitutes a Mod and what doesn't. You may not distribute any Modded Versions of our Game or software, and we’d appreciate it if you didn’t use Mods for griefing. Basically, Mods are okay to distribute; hacked versions or Modded Versions of the Game client or server software are not okay to distribute.
Within reason you're free to do whatever you want with screenshots and videos of the Game. By "within reason" we mean that you can't make any commercial use of them or do things that are unfair or adversely affect our rights unless we've specifically said it's okay in this EULA, allowed it through the Brand and Asset Usage Guidelines, or provided for it in a specific agreement with you. If you upload videos of the game to video sharing and streaming sites you are however allowed to put ads on them.
Essentially the rule is do not make commercial use of anything we've made unless we've specifically said it's okay. Oh and if the law expressly allows it, such as under a "fair use" or fair dealing" doctrine then that's ok too - but only to the extent that the law applicable to you says so.
In order to ensure the integrity of the Game, we need all Game downloads and updates to come from an authorized source. It's also important for us that 3rd party tools/services don't seem "official" as we can't guarantee their quality. It's part of the responsibility we have to the customers of Dungeon Defenders: Awakened. Make sure that you read through our brand and asset usage guidelines too.
OWNERSHIP OF OUR GAME
Although we license you permission to install on your device and play our Game, we are still the owners of it. We are also the owners of our brands and any content contained in the Game. Therefore, when you pay for our Game, you are buying a license to play / use our Game in accordance with this EULA - you are not buying the Game itself. The only permissions you have in connection with the Game and your installation of it are the permissions set out in this EULA.
Any Mods you create for the Game from scratch belong to you (including in game Mods and content Mods) and you can do whatever you want with them, as long as you don't sell them for money / try to make money from them and so long as you don’t distribute Modded Versions of the Game. Remember that a Mod means something that is your original work and that does not contain a substantial part of our code or content. You only own what you created; you do not own our code or content.
CONTENT
If you make any content available on or through our Game, you agree to give us permission to use, copy, modify, adapt, distribute, and publicly display that content. This permission is irrevocable, and you also agree to let us permit other people to use, copy, modify, adapt, distribute, and publicly display your content. You are not giving up your ownership rights in your content, you are just giving us and other users permission to use it. For example, we may need to copy, reformat, and distribute content that you post on our website so others can read it. If you don't want to give us these permissions, do not make content available on or through our Game. Please think carefully before you make any content available, because it may be made public and might even be used by other people in a way you don't like.
If you are going to make something available on or through our Game, it must not be offensive to people or illegal, it must be honest, and it must be your own creation. Some examples of the types of things you must not make available using our Game include: posts that include racist or homophobic language; posts that are bullying or trolling; posts that are offensive or that damage our or another person's reputation; posts that include porn or someone else's creation or image; or posts that impersonate a moderator or try to trick or exploit people.
Any content you make available on our Game must also be your creation or you must have permission or the legal right to do it. You must not and you agree that you will not make any content available, using the Game that infringes the rights of others. '
We reserve the right to take down any content in our discretion.
Please watch out if you are talking to people in our Game. It is hard for either you or us to know for sure that what people say is true, or even if people are really who they say they are. You should think twice about giving out information about yourself.
UPDATES
We might make upgrades, updates or patches (we call them all "updates") available from time to time, but we don't have to. We are also not obliged to provide ongoing support or maintenance of any Game. Of course, we hope to continue to release new updates for our Game, we just can't guarantee that we will do so. With updates come changes that might not work well with other software, such as Mods. This is unfortunate, but it is something we don’t take responsibility for. If that is the case, try running an older version.
OUR LIABILITY, GOVERNING LAW, AND PLACE TO RESOLVE DISPUTES
The terms of this EULA do not affect any legal (statutory) rights that you may have under the law that applies to you for the Game. You might have certain rights which the law that applies to you says cannot be excluded. Nothing we say in these terms will affect those legal rights, even if we say something which sounds like it contradicts your legal rights. That’s what we mean when we say “subject to applicable law”.
SUBJECT TO APPLICABLE LAW, When you get a copy of our Game, we provide it "'as is"'. Updates are also provided "'as is"'. This means that we are not making any promises to you about the standard or quality of our Game, or that our Game will be uninterrupted or error free. We are not responsible for any loss or damage that it may cause. You bear the entire risk as to its quality and performance. You have to accept that we may release games well before they are complete and so they may (and often will) have bugs -but we prefer to release these features early than make you wait for perfection. If you would like to notify us about a potential bug, we have a site for that here.
TERMINATION
If we want we can terminate this EULA if you breach any of the terms. You can terminate it too, at any time; all you have to do is uninstall the Game from your device and the EULA will be terminated. If the EULA is terminated, you will no longer have any of the rights to the Game given in this license. You do still have the right to things you have created yourself with the game of course. The Arbitration Agreement (if you live in the United States) and the paragraphs about "OWNERSHIP OF OUR GAME" and "MISCELLANEOUS" will continue to apply even after the EULA is terminated.
TAXES
You may be required to report as taxable income the value of any prizes received by you. Chromatic or any sponsor who provides a particular prize may report the value of the prize to Federal or state taxing authorities.
CHANGES TO THIS AGREEMENT
Chromatic reserves the right to modify or delete certain terms of this Agreement as the Game evolves; provided, however, that material changes to this Agreement will not be applied retroactively. Such changes will be effective with or without prior notice to you. You can review the most current version of this Agreement by reviewing the “Terms of Service” located here. You are responsible for checking this Agreement periodically for changes. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in agreement or compliance with this Agreement, you must terminate this Agreement and immediately stop using the Game. Your continued use of any of the Game following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Please note that Chromatic may also revise other policies, at any time, and the new versions will be available on the website. Chromatic has no obligation to refund any fees that may have accrued to your account before cancellation of your account or cessation of use of any subscription, nor will Chromatic have any obligation to prorate any fees in such circumstances.
PRIVACY ISSUES
Our general Privacy Policy (Privacy Policy) which is located here is incorporated into this Agreement for all purposes. You agree that you have reviewed, agree to and understand our Privacy Policy. If you are located outside of the United States, please note that the information that you provide is being sent to the United States. As further described in our Privacy Policy, by using the Game, you consent to your data being sent to the United States and to such other third parties and jurisdictions as may be involved in the provision and operation of the Game.
Please note that all persons under the age of majority in their jurisdiction are required to have a parent or guardian read and accept this Agreement and our Privacy Policy on their behalf.
LAW/DISPUTE RESOLUTION/BINDING ARBITRATION/CLASS ACTION WAIVER SECTION
You agree that this Agreement is deemed to have been made and executed in the State of Delaware, U.S.A., and any dispute arising hereunder must be resolved in accordance with the law of Delaware. Subject to the Dispute Resolution/Binding Arbitration/Class Action Waiver below, you agree that any claim asserted in any legal proceeding by you against Chromatic must be commenced and maintained exclusively in any state or federal court located in Delaware, having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys’ fees and expenses.
In order to expedite and control the cost of disputes, you and Chromatic agree that any legal or equitable claim relating to this Agreement (referred to as Claim) will be resolved as follows:
Most user concerns can be resolved by use of our Chromatic support site. If we are unable to resolve your concerns and a dispute remains between you and Chromatic, this Section explains how we agree to resolve it.
YOU AND CHROMATIC AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION. THAT INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS ARISING OUT OF OR RELATING TO: (I) ANY ASPECT OF THE RELATIONSHIP BETWEEN US; (II) THIS AGREEMENT; OR (III) YOUR USE OF PLAYVERSE, YOUR ACCOUNT OR ANY SOFTWARE. IT APPLIES REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, STATUTE, FRAUD, UNFAIR COMPETITION, MISREPRESENTATION OR ANY OTHER LEGAL THEORY.
However, this Section does not apply to the following types of claims or disputes, which either party may bring in any court with jurisdiction: (i) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and (ii) claims related to or arising from any alleged unauthorized use, piracy or theft.
YOU UNDERSTAND THAT YOU AND CHROMATIC ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
The Federal Arbitration Act applies to this Section. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes, as modified by this Agreement, both of which are available at https://www.adr.org. The AAA will administer the arbitration. The arbitration costs, including arbitrator compensation, will be split between you and Chromatic according to the AAA Commercial Arbitration Rules and the AAA’s Supplementary Procedures for Consumer Related Disputes, if applicable.
YOU AND CHROMATIC AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF AAA’s PROCEDURES OR RULES WOULD OTHERWISE ALLOW ONE. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S INDIVIDUAL CLAIM. You and Chromatic also agree not to seek to combine any action or arbitration with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations.
If the agreement in this Section not to bring or participate in a class or representative action, private attorney general action or collective arbitration should be found illegal or unenforceable, you and Chromatic agree that it shall not be severable, that this entire Section shall be unenforceable and any claim or dispute would be resolved in court and not in collective arbitration.
Notwithstanding this Section, you have the right to litigate any dispute in small claims court, if all the requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the dispute, are satisfied.
This Section shall apply to the maximum extent permitted by applicable law.
Miscellaneous
The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We may assign or transfer this Agreement to an affiliate or to a successor in a merger of sale of substantially all our assets. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. You are not relying on any representation concerning this subject matter, oral or written, not included in this Agreement. No representation, promise or inducement not included in this Agreement is binding. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Chromatic is not liable for any breach of the Agreement caused by matters beyond Chromatic’s reasonable control, including, without limitation, Acts of God, fire, lightning, explosion, war, disorder, flood, or acts of local or central government or other authorities or regulatory bodies. The parties may not amend this agreement orally, and it may only be amended as described in this agreement or in a signed writing of the parties.
If you come to us with a suggestion for any one of our Websites or Games, that suggestion is made for free and we have no obligation to accept or consider it. This means we can use or not use your suggestion in any way we want and we don't have to pay you for it. If you think you have a suggestion that we would be willing to pay you for, please do not submit your suggestion unless you have first told us you expect to be paid and we have responded in writing by asking you to submit the suggestion.