| Language: |
End User License Agreement
Last Updated: [December 12, 2022]
TABLE OF CONTENTS
1. Important Notices
2. This Agreement
3. Additional Terms
4. Eligibility and Registration
5. License
6. License Restrictions
7. Ownership of the Services
8. Cheating
9. Consent to Monitor
10. Virtual Goods and Game Currency
11. Refunds
12. Beta Testing
13. Accessing a Game from an App Store
14. Feedback
15. DMCA/Copyright Policy
16. Third Party Websites and Resources
17. Data Charges and Mobile Devices
18. Service and EULA Modifications
19. Patches and Updates
20. Warranty Disclaimers
21. Limitation of Liability
22. Indemnity
23. Seizure Warning
A very small percentage of people experience epileptic seizures when exposed to certain light patterns or flashing lights. Exposure to these patterns or backgrounds on a television, or while playing video games, may induce an epileptic seizure in these individuals. If you, or anyone in your family, have an epileptic condition, consult your physician prior to playing. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing the game, immediately discontinue use and consult your physician.
24. Termination
25. Dispute Resolution and Governing Law – United States
26. Dispute Resolution and Governing Law – Outside the United States
27. No Assignment
28. Miscellaneous
29. Contact Information
1. Important Notices
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THIS EULA YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTIONS 24 AND 25 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION). THIS EULA ALSO INCLUDES A WAIVER OF RIGHTS BY YOU TO BRING A CLASS ACTION AGAINST US AND A LIMITATION ON DAMAGES THAT YOU CAN COLLECT FROM US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES. BY USING THE SERVICES, YOU AGREE TO THESE PROVISIONS.
THIS IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND AMC. YOU MUST READ THESE TERMS IN THEIR ENTIRETY. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY ACCESSING AND/OR USING THE SERVICES, YOU ACCEPT AND AGREE TO THESE TERMS, INCLUDING ANY AND ALL RESTRICTIONS POSTED VIA THE SERVICES, WITHOUT ANY MODIFICATION, ADDITION OR DELETION. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT INSTALL, COPY, OR USE OUR SERVICES. WITH LIMITED EXCEPTION (SEE SECTION 10), ANYTHING YOU PURCHASE FROM US IS NON-REFUNDABLE. PLEASE NOTE YOU MAY BE DENIED ACCESS TO THE SERVICES, BY THE SOLE DISCRETION OF AMC, WITH OR WITHOUT PRIOR NOTICE TO YOU, FOR NONCOMPLIANCE WITH ANY PROVISION OF THIS AGREEMENT.
2. This Agreement
This End User License Agreement (this “EULA”, this “Agreement”, or these “Terms”) governs your use of any Services (defined below), including the Games, owned and operated by AMC Networks Inc. and its United States-based affiliate and subsidiary companies (together, “AMC” or “we” and sometimes “us”) and anywhere else where this EULA is posted. “Services” means collectively, and sometimes individually, the following: (a) each of our Games, and (b) any websites, software or other services we provide with or in support of the Game, whether or not they are installed or used on a computer, console, or a mobile device. “Game” means our game that you download and access that is subject to this EULA, regardless of where you download and/or access it, and any documentation, software, updates, Virtual Goods and Content (each defined below) included in it. These Terms apply whether you are accessing the Games using a personal computer, mobile device, gaming console or other equipment or device. These terms do not cover other services, websites or any content, features and activities accessible or made available by any third party, unless specifically stated. By accessing and using the Services, you acknowledge that you have read, understand and agree to be legally bound by this EULA, which are incorporated herein by reference. If you do not agree to these terms, do not access or use the Services.
The collection of information from you and related to the Services (whether obtained through an App Store (as defined below) or not) is governed by AMC Games’s Privacy Policy at https://games.amc.com/privacy-policy/. Our Privacy Policy explains how we collect, use, and disclose information that we collect from and about you.
3. Additional Terms
Some Services may be available (or only available) through accessing (or downloading from) a third-party platform or store, including but not limited to, the Steam game platform, Facebook, the Epic Games Store, the Google Play Store, Apple App Store, XBOX game console and/or platform, and Sony PlayStation game console and/or platform (each, an “App Store”). Your use of the Services is also governed by any applicable agreements you have with any App Store (the “App Store Agreement(s)”). In the event of a conflict between any other App Store Agreement(s), from which you acquire one of our Games, and this EULA with respect to your use of the Services, this EULA will take priority.
4. Eligibility and Registration
(a) Age. You must be at least 16 years old (or such other minimum age as is applicable in the jurisdiction you live in) to create a Game Account (as defined below) or use or access any of our Services. If you are at least the relevant minimum age but are not legally considered an adult in your jurisdiction, you must ask one of your parents (or legal guardians) to read this EULA and accept it on your behalf, and to create a Game Account. Parents and guardians are responsible for the acts of their minor children when using a Game Account they created, or any of our Services, and you understand and agree that you will be responsible for all uses of the Game Account and our Services by your minor child whether or not you authorized such uses. You may not create or use a Game Account or use or access any of our Services on behalf of a legal entity or for a commercial purpose.
(b) Account Creation. You may be able to access certain Games using an account you have with an App Store on which the Game is made available (your “App Store Account”). Some Games may require you to or recommend that you create an in-game account (“Game Account”) separately from your App Store Account. In this case, you may be able to create your Game Account using an existing account you have with us or your email address. To the extent you create your Game Account through the use of a third-party account (for example, your account with Facebook or Google using a single sign-on integration), we may access certain personal information that this third party provides to us such as your email address and name to help create your Game Account. Further information about use of third-party accounts is provided in the AMC Privacy Policy at https://www.amc.com/privacy.
(c) Keep Your Information Current. If applicable, it’s important that you provide us with accurate, complete and up-to-date information for your Game Account and you agree to update such information to keep it that way. If you don’t, we may suspend or terminate your Game Account. You agree that you will not disclose your Game Account password to anyone and will notify us immediately of any unauthorized use of your Game Account. You are responsible for all activities that occur under your Game Account, whether or not you know about them. If you believe that your Game Account is no longer secure, then you must immediately notify us at our address below.
(d) No Account Sharing. You may not sell, resell, rent, lease, share or provide access to your Game Account, or App Store Account for purposes of accessing the Services, to anyone else. We reserve all available legal rights and remedies to prevent unauthorized use of our Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
(e) No False Accounts. You may not create a Game Account or App Store Account for anyone else or create a Game Account or use an App Store Account in a name other than your own.
5. License
(a) License Grant. So long as you comply with this EULA and, as applicable, the App Store Agreement(s), we grant you the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to (i) download and install the Game on the device permitted by the App Store Agreement(s) (if applicable), and (ii) access and use the Services, including any Content, for your personal entertainment purposes leveraging only the functionality of the Game and Services. We and our licensors reserve all rights not granted to you in this EULA. “Content” means the logos, images, text, tools, artwork, graphics, marks, titles, themes, concepts, stories, objects, characters, names, photographs, sounds, dialogue, catch phrases, illustrations, animation, design elements, audio-visual effects, methods of operation, musical composition, materials, codes, software, and Virtual Goods (defined in Section 10) and any other content within, or displayed or posted on or through, the Services. Content also includes anything generated, created, or that is otherwise developed within the Services by any user (including you) as a result of interaction with the functionality of the Services. We also grant you a limited license to make gameplay videos for certain Games, specified on the Services provided that you agree that all such gameplay video activity is subject to your agreement to and pursuant to our Game Streaming Policy located at https://games.amc.com/streaming-policy/.
(b) User Content. Some Games or other Services may give you the ability to upload or input User Content into the Game or other Service. “User Content” means any Content that you (or other Game Account holders) create or obtain outside the Services that you or another user makes available within the Services. To be clear, if Content is created within the Services, it is not User Content; only Content created or obtained from outside the Services that a user then makes available within the Services is User Content. By making any User Content available through the Services you hereby grant to us the following license: a perpetual, irrevocable, non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense (through multiple tiers), to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services and Content to you and to other users of the Services. Except to the extent prohibited by law, you waive the benefit of any “moral rights” or “droit moral” or similar rights in any country to any User Content.
(c) Service Limits Based on Where You Live. We may restrict, modify, or limit your access to and use of certain Content, Virtual Goods, an entire Game, or any or all of the Services depending on the territory in which you are located.
(d) Retail Purchase. We may offer codes or product keys that can be activated in a Game or used to activate a Game on the App Store. Such codes or keys must be purchased (or otherwise obtained legally) through us or one of our authorized retailers to be valid. If you purchase such a code or key from a third party, that third party is responsible for addressing any issues you have with these codes or keys. Subject to applicable law, we will have no responsibility for these codes or keys purchased from any third party.
6. License Restrictions
Use of any Game or other Services, or any Content, for any purpose not expressly permitted herein is prohibited. Users may not copy, download, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, store, re-use, adapt, incorporate or create a derivative work of, in any manner, any Content obtained from any Service other than as provided herein. Users may print, download or transmit to a personal device the Content from the Games only for personal and non-commercial use, provided that the user keeps intact all Content, including any copyright, trademarks, service marks or other proprietary notices and credit lines that appear with or on the Content. Any use, copying, downloading, reproduction or redistribution for commercial purposes is strictly prohibited. Nothing contained on this site grants, or shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any AMC trademarks, trade names, service marks or logos without the prior written permission of AMC. Users expressly agree not to engage in any use or activity that:
• Interrupts, destroys, alters, damages, delays, floods or limits the functionality or integrity of the Games or Content offered through the Services, including any associated software, hardware, or telecommunications or wireless equipment;
• Manipulates identifiers or numeric information to disguise the origin of any user, device, material or other information;
• Infringes on any patent, trademark, trade name, service mark or name, copyright, trade secret, or other proprietary right of any Content;
• Contains unauthorized advertising, advertises Content as your own or solicits other users;
• Promotes any business or commercial activity for any products, goods or services without prior written consent from AMC;
• Impersonates any business or entity, or falsely represents your affiliation with a person or entity;
• Causes the forwarding of information that you do not own, have the right to provide, or that is false or misdirected;
• Translates, reverse engineers, decompiles, disassembles, modifies or creates derivative works based on the Games, the Content available through the Games, or any portion thereof;
• Circumvents any technology used by AMC or its licensors to protect the Games and/or the Content accessible via the Games;
• Allows the use or provision of ancillary offerings to anyone, that are not offered within the Services by us (or the functionality of the App Store), such as hosting, “leveling” services, mirroring our servers, matchmaking, emulation, communication redirects, mods, hacks, cheats, bots (or any other automated control), trainers and automation programs that interact with the Services in any way, tunneling, third party program add-ons, and any interference with online or network play;
• Contains off-topic information;
• Rent, lease, lend, sublicense, or otherwise redistribute any part of the Games and/or the Content;
• Allows for the sale, rental, lease, license, distribution, or other transfer the Services, Game or any Content, including, without limitation, Virtual Goods or Game Currency, including participation in or operation of so called “secondary markets” for Virtual Goods, Game Currency or Content;
• (i) is unlawful, harmful to adults or minors, threatening, abusive, harassing, inflammatory, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or otherwise objectionable, (ii) is otherwise detrimental to the enjoyment of the Services by other users as intended by us, including, without limitation, harassment, use of abusive or offensive language, game abandonment, game sabotage, spamming, social engineering, or scamming, in each case, in our sole judgment (iii) is fraudulent, false, misleading or deceptive, including “trolling;” (iv) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (v) is violent, bullying, or threatening or promotes violence, terrorism, or actions that are threatening to any person or entity; or (vi) promotes illegal or harmful activities or substances;
• Allows for the creation, development, distribution, or use of any unauthorized software programs to gain advantage in any online or other game modes or otherwise Cheat (as defined below);
• Violates any applicable law or regulation;
• Attempts to probe, scan or test any Service’s vulnerability or breach any security or authentication measures;
• Accesses, tampers with, or uses non-public areas of the Services;
• Collects or stores any information that could be used to identify an individual, either itself or combined with other information, from the Services from other users of the Services without their express permission;
• Trespasses, or attempts to gain access to a property or location where you do not have permission to be or engages in any activity that may result in injury, death, property damage, nuisance or other liability;
• Uses IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on the Services or for any other purpose;
• Allows for play on another person’s Game Account to “boost” that Game Account’s status, level or rank;
• Uses the Services in any way that would affect us adversely or reflect negatively on us or the Services or discourage any person from using all or any portion of the features of the Services;
• Otherwise violates AMC policies or this EULA; or
• Encourages or Enables anyone else to do any of the foregoing.
7. Ownership of the Services
AMC, its current affiliates, including Cablevision Systems Corporation and its subsidiaries, and The Madison Square Garden Company and its subsidiaries (hereinafter, collectively, "Affiliates"), and/or parties that have granted us specific usage authorizations ("Licensors") own all title, ownership and intellectual property rights in the Services, and in any Content. Copyrights, trademarks, trade names, service marks or names, or other proprietary rights and laws protect the Content and you agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. You understand and agree that you have no ownership interest in the Services or any Games or Content therein.
8. Cheating
The Services (and particularly our Games) may have built-in mechanisms designed to prevent granting one user an unfair advantage over other users (these actions are “Cheating” and the software is the “Cheat Detection Software”). We may add or update our Cheat Detection Software periodically as we may require in our sole discretion. The Services and/or the Cheat Detection Software may collect and transmit details about your Game Account, gameplay, and unauthorized programs or processes in connection with Cheating, subject to our Privacy Policy and applicable law. In the event that we in our sole discretion conclude that you are Cheating, you agree that we may exercise any or all of our rights under this EULA, including termination of this EULA and your access to our Services. In addition, if you Cheat in one Game or Service, we may terminate your license to use all of our Games and Services.
9. Consent to Monitor
Although we are not obligated to monitor access to or use of the Services or to review or edit any Content, we have the right to do so for the purpose of operating and publishing the Services, to ensure compliance with this EULA, to protect the health or safety of anyone that we believe may be threatened, to protect our legal rights and remedies, to report a crime or offensive behavior, or to comply with applicable law. We may (but don’t have to) remove or disable access to any Content, at any time and without notice. We may (but don’t have to) investigate violations of this EULA or conduct that affects the Services.
10. Virtual Goods and Game Currency
(a) Purchasing or Obtaining Virtual Goods and Game Currency. We may offer certain upgrades and options within our Games that you can buy with real world currency, including, but not limited to, in-game currency (“Game Currency”), character skins, mounts and vehicles, digital cards, additional features, levels or content, experience boosts, gear and other customizations for your in-Game characters, and other such digital add-on items that may improve your Game experience in some way (“Virtual Goods”). Except as otherwise communicated to you within the functionality of the Game, Game Currency and Virtual Goods are not transferable from one Game to another. You may also be able to obtain certain Virtual Goods and Game Currency without purchase, such as an in-Game award. When you purchase Game Currency, Virtual Goods, or a Game itself (each, a “Transaction”), your purchase will be made through the functionality available through the App Store or other platforms we make available to you. Prior to making a Transaction, you should make sure you fully understand the agreement that covers your Transaction, whether that agreement is an App Store Agreement or another payment platform agreement (such as a third party payment processor’s terms). There may be limits to the quantity and number of times you can purchase Virtual Goods, Game Currency, or other aspects of your Transaction. For example, there may be a maximum amount of Game Currency you are able to hold (in-Game) or purchase at a given time, or a maximum number of Transactions you may make per day; these additional restrictions may be communicated to you via the functionality of the Services. We may, from time to time, modify, amend, or supplement our fees, billing methods and terms applicable to Game Currency, Virtual Goods or to any purchases, and post those changes in this EULA, in separate terms and conditions or in other terms or agreements posted on the applicable website or as part of the Game or otherwise provided to you by us. Such modifications, amendments, supplements or terms shall be effective immediately upon posting and shall be incorporated by reference into this EULA. If any change is unacceptable to you, you may terminate the use of your Game Account at any time.
(b) Your License to Virtual Goods and Game Currency. Virtual Goods and Game Currency are digital items and your use of them is governed by this EULA and the App Store Agreement(s). VIRTUAL GOODS AND GAME CURRENCY HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. VIRTUAL GOODS AND GAME CURRENCY ARE NON-TRANSFERABLE AND NON-TRADABLE, IN WHOLE OR PART, AND ARE NOT PROVIDED FOR INVESTMENT PURPOSES. Provided you comply with the terms of this EULA and the App Store Agreement(s), we grant you the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to use any Virtual Goods or Game Currency you gain access to, whether purchased or otherwise obtained, solely in connection with your use of the Game in question and within the Game (unless we otherwise communicate to you that you may use them in multiple Games) and for no other purpose. Unless, expressly permitted by us in a specific Game, you may not trade any such Virtual Good or Game Currency with others. We may cancel, revoke, or otherwise prevent the use of Virtual Good or Game Currency if we suspect any unauthorized or fraudulent activity, and/or to correct any erroneous application of any Virtual Goods or Game Currency to your Account.
(c) Changes to Game Currency and Virtual Goods. Except as otherwise prohibited by applicable law, we, in our sole discretion, may modify, substitute, replace, suspend, cancel or eliminate any Game Currency or Virtual Goods, including your ability to access or use Game Currency or Virtual Goods, without notice or liability to you. YOU AGREE THAT YOU WON’T ASSERT OR BRING ANY CLAIM AGAINST US, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS (THE “AMC PARTIES”) RELATING TO (A) A CLAIM THAT YOU HAVE A PROPRIETARY INTEREST IN ANY GAME CURRENCY OR VIRTUAL GOODS; OR (B) A CLAIM FOR AN ALLEGED MONETARY VALUE OF GAME CURRENCY OR VIRTUAL GOODS LOST UPON (I) DELETION OR SUSPENSION OF YOUR ACCOUNT, (II) ADJUSTMENTS TO THE GAME THAT RESULT IN THE VALUE OF VIRTUAL GOODS OR GAME CURRENCY CHANGING, OR (III) MODIFICATION, TERMINATION OR EXPIRATION OF THIS EULA.
11. Refunds
Subject to applicable law, (i) all Games, Virtual Goods and Game Currency remain our property, have no monetary value and are not redeemable, refundable, or eligible for any other alternate remedy for any “real world” money or anything of monetary value, unless they are defective, unavailable, or do not perform in accordance with the specifications we provide; (ii) we may revoke your license to such Games, Virtual Goods and/or Game Currency at any time consistent with this EULA without notice or liability to you; and (iii) by purchasing and using any Games, Virtual Goods and/or Game Currency, you hereby waive any statutory right you may have to withdraw from your agreement to purchase the applicable Game, Virtual and/or Game Currency and you agree that you will therefore not be eligible to receive a refund (or any alternative remedy) in relation to such Game, Virtual Good and/or Game Currency. Where applicable law does not permit you to waive your right to so withdraw, you hereby agree that such withdrawal right expires immediately upon purchase and delivery of your Game, Virtual Good and/or Game Currency, as permitted by applicable law.
12. Beta Testing
From time to time we may offer a beta version of one of our Services (a “Beta”). Betas are not guaranteed to work properly and may make other parts of your system not work properly as well. For the license granted to you in Section 5 above to extend to the Beta (meaning, for you to have permission to use the Beta), you acknowledge and agree to the following terms in addition to the rest of this EULA:
(a) We may automatically delete or modify the information stored on your computer related to the Beta for any reason at any time during the duration of the Beta test;
(b) We may terminate the Beta test at any time, which would then render your Beta unplayable or unable to function properly. When we terminate a Beta, you must delete the local Beta instance on your computer and all documents and materials you received from us in connection with the Beta;
(c) Termination of a Beta by us is not a ground for any kind of refund and your participation in a Beta does not entitle you to any compensation or any free Services, including any Content and Game Currency; and
(d) If and when we release a full (non-Beta) version of the Services and we may allow your use of the Services to continue to the full version. If so allowed by us, your continued use of the Services will no longer be subject to this Section 12 (except for this Section 12(d)) but will still be subject to the rest of this EULA.
13. Accessing a Game from an App Store
Where a Game is made available to you via an App Store (such as the Steam game platform, Apple App Store or Google Play Store) you acknowledge and agree that:
• This EULA is between you and us, not the App Store, and we (not the App Store), are solely responsible for the Game.
• The App Store has no obligation to provide any Game maintenance or support.
• If the Game cannot meet its warranties (if any), you can contact the App Store and they will refund you the purchase price of the Game (if applicable) and, to the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to the Game. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
• The App Store is not responsible for addressing any claims you have or any claims of any third party relating to the Game or your possession and use of the Game, including, without limitation: (i) product liability claims; (ii) any claim that the Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the Game or your possession and use of the Game infringes that third party’s intellectual property rights, we will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this EULA.
• The App Store, and its subsidiaries, are third-party beneficiaries of this EULA and upon your acceptance of this EULA, the App Store will have the right to enforce this EULA against you as a third-party beneficiary thereof.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• You must also comply with all applicable third-party terms of service when using the Game.
14. Feedback
We welcome your feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by contacting us at our address below, through any other means of contact we authorize, or via the functionality of the Services (if available). If you provide us with any Feedback, you hereby grant us the following license: a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, distribute copies of, publicly perform, publicly display and otherwise exploit the Feedback for any purpose and in any country. If you have rights in the Feedback that cannot be licensed to us under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert those rights. You understand and agree that you are freely giving your Feedback, that we don’t have to use it, and that you will not be compensated in any way for your Feedback. You represent and warrant that you have rights in any Feedback that you provide to us sufficient to grant us and other affected parties the rights described above, including, without limitation, intellectual property rights or rights of publicity or privacy.
15. DMCA/Copyright Policy
The Copyright for the Game is held by AMC. Any rights not expressly granted herein are hereby reserved. If you believe in good faith that Content or other information appearing within the Services infringes on your copyright, you (or your agent) may send us a notice in accordance with the current requirements provided in the Digital Millennium Copyright Act of 1998 (DMCA). Notices should be sent to:
AMC NETWORKS INC.
c/o AMC Network Entertainment LLC
11 Penn Plaza, 15th Floor
New York, NY 10001
Attention: Webmaster
info-amc@amc.com
We respect copyright law and expect our users to do the same. It’s our policy to terminate in appropriate circumstances Game Accounts of users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
16. Third Party Websites and Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
17. Data Charges and Mobile Devices
You are responsible for all data-related charges that you may incur for using our Services, including, without limitation, mobile, text-messaging, and data charges. You should understand or ask your service provider what charges you may incur before using the Services.
18. Service and EULA Modifications
We reserve the right to make changes to this EULA. If we do so, you will be prompted to agree to the updated EULA upon your next access to the Services or when the updated EULA is otherwise communicated to you. You must agree to these updates to continue using the Services. If you do not agree to, or cannot comply with the revised EULA, you must stop using the Services, including any use of any Game.
19. Patches and Updates
We also reserve the right to make changes and update any information or Content contained within the Services without prior notice, including but not limited to patches, updates, or upgrades to the Services that must be installed in order for you to continue to use the Services. We may update the Services remotely without notifying you, and you hereby consent to us applying such patches, updates, and upgrades. If your device can prevent automatic updates, you may not be able to access the Services until you manually update the Services yourself on your device. We may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Services at any time. Subject to applicable law, you acknowledge that any character data, game progress, game customization or other data related to your use of any particular Game and other elements unique to the Services may cease to be available to you at any time without notice from us, including, without limitation, after a patch, update, or upgrade is applied by us. You agree that we do not have any maintenance or support obligations with respect to the Services.
Subject to applicable law, we may change the price of the Services (including Games, Virtual Goods, Game Currency and Content), at any time, for any reason, without notice or liability to you.
20. Warranty Disclaimers
THE SERVICES (INCLUDING ANY GAMES) AND CONTENT ARE PROVIDED "AS IS." WE DO NOT WARRANT, EXPRESSLY OR BY IMPLICATION, THE ACCURACY OR RELIABILITY OF ANY CONTENT PROVIDED OR POSTED THROUGH THE SERVICES OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. AMC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, SATISFACTION, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT. AMC DOES NOT WARRANT THAT THE SERVICES (INCLUDING ANY GAMES) OR ANY CONTENT ARE FREE FROM VIRUSES OR OTHER POTENTIALLY HARMFUL ATTRIBUTES.
21. Limitation of Liability
NEITHER AMC NOR ITS AFFILIATES, MEMBERS, EMPLOYEES, OR AGENTS SHALL BE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND WHATSOEVER TO ANY USER OR THIRD PARTY, FOR ANY LOSS, HARM OR DAMAGE THAT RESULTS OR OCCURS FROM: (I) USE OF OR ACCESS TO SERVICES OR CONTENT POSTED THROUGH THE SERVICES; (II) USE OR ACCESS TO ANY SERVICE, WIRELESS OR OTHERWISE, PROVIDED AS A FEATURE OR OFFERING THROUGH THE SERVICES; (III) ANY FAILURE OR INTERRUPTION OF THE SERVICES; (IV) ANY ACT OR OMISSION OF ANY SERVICE PROVIDER OR AGENT INVOLVED IN MAKING THE SERVICES OR THE CONTENT AVAILABLE TO USERS; (V) ANY OTHER CAUSE RELATING TO A USER’S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THE SERVICES OR CONTENT; (VI) ANY CONTENT, MATERIALS, ADVICE OR OPINIONS POSTED OR UPLOADED THROUGH THE SERVICES, INCLUDING ANY USER RELIANCE ON SUCH INFORMATION; (VII) ANY SECURITY BREACH, OR ANY VIRUS, BUG, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, INACCURACY, DEFECT OR TECHNICAL MALFUNCTIONS; OR (VII) ANY USER’S FAILURE TO COMPLY WITH THESE TERMS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF AMC, ITS AFFILIATES OR AGENTS PROVIDING SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT WILL AMC, ITS AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE TO ANY USER FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, EVEN IF AMC OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.
FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE AMC PARTIES ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE SERVICES WILL NOT EXCEED: (A) THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) OR ARE PAYABLE BY YOU TO US FOR THE PARTICULAR GAME OR SERVICE IN QUESTION DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY; OR (B) IF (A) DOES NOT APPLY, FIFTY DOLLARS ($50 USD). THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.
Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this EULA will prejudice such rights that you may have as a consumer of the Services.
22. Indemnity
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AMC, ITS AFFILIATES, MEMBERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, COSTS AND FEES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM YOUR VIOLATION OR BREACH OF THESE TERMS, YOUR UNAUTHORIZED ACCESS OR USE OF CONTENT, SERVICES AND/OR ANY CONSEQUENCES ARISING OUT OF YOUR ACCESS OR USE OF THE SERVICES AND OR CONTENT.
23. Seizure Warning
A very small percentage of people experience epileptic seizures when exposed to certain light patterns or flashing lights. Exposure to these patterns or backgrounds on a television, or while playing video games, may induce an epileptic seizure in these individuals. If you, or anyone in your family, have an epileptic condition, consult your physician prior to playing. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing the game, immediately discontinue use and consult your physician.
24. Termination
We may terminate your access to and use of any or all the Services, including any Game, Virtual Goods or Content, with no liability or notice to you in the event that (a) we cease providing the Services to similarly situated users generally; (b) you breach any terms of this EULA (including the App Store Agreement(s) and our other policies specified in this EULA); (c) the owner of the applicable App Store terminates your App Store Account; or (d) we otherwise deem it necessary or reasonable to terminate this EULA in our sole discretion. You may also terminate this EULA by deleting and uninstalling the Game on any and all of your devices or by deleting your App Store Account. Upon any termination of this EULA, the rights granted to you will automatically terminate, you may no longer exercise any of those rights or this EULA. Subject to applicable law, we may, in our sole discretion, provide continued access to and use of the Services prior to such termination.
Except to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not this EULA has been terminated.
The following sections will survive termination of this EULA: 7, 13, 15, 18, 19, 20, 23 through 28, and this sentence of Section 21.
25. Dispute Resolution and Governing Law – United States
This section only applies if you are accessing, using, or have purchased the Services in the United States.
(a) Governing Law and Forum Choice. This EULA and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in this Section 23, the exclusive jurisdiction for all Disputes (defined below) that you and we are not required to arbitrate will be the state and federal courts located in the Southern District of New York, and you and we each waive any objection to jurisdiction and venue in such courts.
(b) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to this EULA or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, each as they relate to Services used or purchased within the United States (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this EULA, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this EULA.
(c) Location of Arbitration. If you are a resident of the United States, any arbitration will take place in your county of residence, to the exclusion of all other venues.
(d) Exceptions. As limited exceptions to Section 23(b) above, the following Disputes can be resolved in court and need not be resolved through arbitration: (i) any Dispute that can be resolved in small claims court (if it qualifies); and (ii) any Dispute involving the infringement or misappropriation of our intellectual property rights.
(e) Opt-out. You have the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at our address below within thirty (30) days following the date you first agree to this EULA.
(f) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this EULA. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(g) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(h) Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution (Section 23) shall be null and void.
(i) Effect of Changes on Arbitration. Notwithstanding the provisions of Section 17 above, if we change any of the terms of this Section 23 after the date you first accepted this EULA (or accepted any subsequent changes to this EULA), you may reject any such change by sending us written notice (including by email to our address below) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of our notice to you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the terms of this Section 23 “Dispute Resolution—United States” as of the date you first accepted this EULA (or accepted any subsequent changes to this EULA).
(j) Severability. With the exception of any of the provisions in Section 23(h) above, if an arbitrator or court of competent jurisdiction decides that any part of this EULA is invalid or unenforceable, the other parts of this EULA will still apply.
26. Dispute Resolution and Governing Law – Outside the United States
This section only applies if you are accessing, using, or have purchased the Services outside of the United States. This section applies if you are accessing, using, or have purchased the Services outside of the United States. These Terms and any action related thereto will be governed by the laws of the State of New York, without regard to its conflict of laws provisions. The exclusive jurisdiction for all Disputes will be the state and federal courts located in the Southern District of New York, and you and we each waive any objection to jurisdiction and venue in such courts.
27. No Assignment
You may not assign or transfer this EULA, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this EULA, without such consent, will be null and void. Notwithstanding the title of this Section, we may freely assign or transfer this EULA without restriction. Subject to the foregoing, this EULA will bind and inure to the benefit of the parties, their successors and permitted assigns.
28. Miscellaneous
(a) Entire Agreement. This EULA and any other document or information referred to in this EULA constitutes the entire and exclusive understanding between you and us regarding the Services and supersede any and all prior oral or written understandings or agreements between you and us regarding the Services. Any law or regulation which provides that the language of a contract will be construed against the drafter will not apply to this EULA.
(b) Language. The original language of this EULA is in English; any translations are provided for reference purposes only. You waive any right you may have under the law of your country to have this EULA written or construed in any other language.
(c) Severability. This EULA describes certain legal rights. You may have other rights under the laws of your jurisdiction. This EULA does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. As noted above, limitations and exclusions of warranties and remedies in this EULA may not apply to you because your jurisdiction may not allow them in your particular circumstance. In the event that certain provisions of this EULA are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions will be enforced only to the furthest extent possible under applicable law and subject to Section 23(h), the remaining terms of this EULA will remain in full force and effect.
(d) No Waiver. Your and our actions or inactions will not create any other rights under this EULA except as what is explicitly written within this EULA. Our failure to enforce any right or provision of this EULA will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by one of our duly authorized representatives. Except as expressly set forth in this EULA, the exercise by either party of any of its remedies under this EULA will be without prejudice to its other remedies under this EULA or otherwise.
(e) Third-party Rights. Except as described in Section 13, a person who is not a party to this EULA will have no right under to enforce any of its terms.
29. Contact Information
If you have any questions about this EULA or the Services, please contact us at:
AMC NETWORKS INC.
c/o AMC Network Entertainment LLC
11 Penn Plaza, 15th Floor
New York, NY 10001
Attention: Webmaster
info-amc@amc.com
Last Updated: [December 12, 2022]
TABLE OF CONTENTS
1. Important Notices
2. This Agreement
3. Additional Terms
4. Eligibility and Registration
5. License
6. License Restrictions
7. Ownership of the Services
8. Cheating
9. Consent to Monitor
10. Virtual Goods and Game Currency
11. Refunds
12. Beta Testing
13. Accessing a Game from an App Store
14. Feedback
15. DMCA/Copyright Policy
16. Third Party Websites and Resources
17. Data Charges and Mobile Devices
18. Service and EULA Modifications
19. Patches and Updates
20. Warranty Disclaimers
21. Limitation of Liability
22. Indemnity
23. Seizure Warning
A very small percentage of people experience epileptic seizures when exposed to certain light patterns or flashing lights. Exposure to these patterns or backgrounds on a television, or while playing video games, may induce an epileptic seizure in these individuals. If you, or anyone in your family, have an epileptic condition, consult your physician prior to playing. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing the game, immediately discontinue use and consult your physician.
24. Termination
25. Dispute Resolution and Governing Law – United States
26. Dispute Resolution and Governing Law – Outside the United States
27. No Assignment
28. Miscellaneous
29. Contact Information
1. Important Notices
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THIS EULA YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTIONS 24 AND 25 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION). THIS EULA ALSO INCLUDES A WAIVER OF RIGHTS BY YOU TO BRING A CLASS ACTION AGAINST US AND A LIMITATION ON DAMAGES THAT YOU CAN COLLECT FROM US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES. BY USING THE SERVICES, YOU AGREE TO THESE PROVISIONS.
THIS IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND AMC. YOU MUST READ THESE TERMS IN THEIR ENTIRETY. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY ACCESSING AND/OR USING THE SERVICES, YOU ACCEPT AND AGREE TO THESE TERMS, INCLUDING ANY AND ALL RESTRICTIONS POSTED VIA THE SERVICES, WITHOUT ANY MODIFICATION, ADDITION OR DELETION. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT INSTALL, COPY, OR USE OUR SERVICES. WITH LIMITED EXCEPTION (SEE SECTION 10), ANYTHING YOU PURCHASE FROM US IS NON-REFUNDABLE. PLEASE NOTE YOU MAY BE DENIED ACCESS TO THE SERVICES, BY THE SOLE DISCRETION OF AMC, WITH OR WITHOUT PRIOR NOTICE TO YOU, FOR NONCOMPLIANCE WITH ANY PROVISION OF THIS AGREEMENT.
2. This Agreement
This End User License Agreement (this “EULA”, this “Agreement”, or these “Terms”) governs your use of any Services (defined below), including the Games, owned and operated by AMC Networks Inc. and its United States-based affiliate and subsidiary companies (together, “AMC” or “we” and sometimes “us”) and anywhere else where this EULA is posted. “Services” means collectively, and sometimes individually, the following: (a) each of our Games, and (b) any websites, software or other services we provide with or in support of the Game, whether or not they are installed or used on a computer, console, or a mobile device. “Game” means our game that you download and access that is subject to this EULA, regardless of where you download and/or access it, and any documentation, software, updates, Virtual Goods and Content (each defined below) included in it. These Terms apply whether you are accessing the Games using a personal computer, mobile device, gaming console or other equipment or device. These terms do not cover other services, websites or any content, features and activities accessible or made available by any third party, unless specifically stated. By accessing and using the Services, you acknowledge that you have read, understand and agree to be legally bound by this EULA, which are incorporated herein by reference. If you do not agree to these terms, do not access or use the Services.
The collection of information from you and related to the Services (whether obtained through an App Store (as defined below) or not) is governed by AMC Games’s Privacy Policy at https://games.amc.com/privacy-policy/. Our Privacy Policy explains how we collect, use, and disclose information that we collect from and about you.
3. Additional Terms
Some Services may be available (or only available) through accessing (or downloading from) a third-party platform or store, including but not limited to, the Steam game platform, Facebook, the Epic Games Store, the Google Play Store, Apple App Store, XBOX game console and/or platform, and Sony PlayStation game console and/or platform (each, an “App Store”). Your use of the Services is also governed by any applicable agreements you have with any App Store (the “App Store Agreement(s)”). In the event of a conflict between any other App Store Agreement(s), from which you acquire one of our Games, and this EULA with respect to your use of the Services, this EULA will take priority.
4. Eligibility and Registration
(a) Age. You must be at least 16 years old (or such other minimum age as is applicable in the jurisdiction you live in) to create a Game Account (as defined below) or use or access any of our Services. If you are at least the relevant minimum age but are not legally considered an adult in your jurisdiction, you must ask one of your parents (or legal guardians) to read this EULA and accept it on your behalf, and to create a Game Account. Parents and guardians are responsible for the acts of their minor children when using a Game Account they created, or any of our Services, and you understand and agree that you will be responsible for all uses of the Game Account and our Services by your minor child whether or not you authorized such uses. You may not create or use a Game Account or use or access any of our Services on behalf of a legal entity or for a commercial purpose.
(b) Account Creation. You may be able to access certain Games using an account you have with an App Store on which the Game is made available (your “App Store Account”). Some Games may require you to or recommend that you create an in-game account (“Game Account”) separately from your App Store Account. In this case, you may be able to create your Game Account using an existing account you have with us or your email address. To the extent you create your Game Account through the use of a third-party account (for example, your account with Facebook or Google using a single sign-on integration), we may access certain personal information that this third party provides to us such as your email address and name to help create your Game Account. Further information about use of third-party accounts is provided in the AMC Privacy Policy at https://www.amc.com/privacy.
(c) Keep Your Information Current. If applicable, it’s important that you provide us with accurate, complete and up-to-date information for your Game Account and you agree to update such information to keep it that way. If you don’t, we may suspend or terminate your Game Account. You agree that you will not disclose your Game Account password to anyone and will notify us immediately of any unauthorized use of your Game Account. You are responsible for all activities that occur under your Game Account, whether or not you know about them. If you believe that your Game Account is no longer secure, then you must immediately notify us at our address below.
(d) No Account Sharing. You may not sell, resell, rent, lease, share or provide access to your Game Account, or App Store Account for purposes of accessing the Services, to anyone else. We reserve all available legal rights and remedies to prevent unauthorized use of our Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
(e) No False Accounts. You may not create a Game Account or App Store Account for anyone else or create a Game Account or use an App Store Account in a name other than your own.
5. License
(a) License Grant. So long as you comply with this EULA and, as applicable, the App Store Agreement(s), we grant you the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to (i) download and install the Game on the device permitted by the App Store Agreement(s) (if applicable), and (ii) access and use the Services, including any Content, for your personal entertainment purposes leveraging only the functionality of the Game and Services. We and our licensors reserve all rights not granted to you in this EULA. “Content” means the logos, images, text, tools, artwork, graphics, marks, titles, themes, concepts, stories, objects, characters, names, photographs, sounds, dialogue, catch phrases, illustrations, animation, design elements, audio-visual effects, methods of operation, musical composition, materials, codes, software, and Virtual Goods (defined in Section 10) and any other content within, or displayed or posted on or through, the Services. Content also includes anything generated, created, or that is otherwise developed within the Services by any user (including you) as a result of interaction with the functionality of the Services. We also grant you a limited license to make gameplay videos for certain Games, specified on the Services provided that you agree that all such gameplay video activity is subject to your agreement to and pursuant to our Game Streaming Policy located at https://games.amc.com/streaming-policy/.
(b) User Content. Some Games or other Services may give you the ability to upload or input User Content into the Game or other Service. “User Content” means any Content that you (or other Game Account holders) create or obtain outside the Services that you or another user makes available within the Services. To be clear, if Content is created within the Services, it is not User Content; only Content created or obtained from outside the Services that a user then makes available within the Services is User Content. By making any User Content available through the Services you hereby grant to us the following license: a perpetual, irrevocable, non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense (through multiple tiers), to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services and Content to you and to other users of the Services. Except to the extent prohibited by law, you waive the benefit of any “moral rights” or “droit moral” or similar rights in any country to any User Content.
(c) Service Limits Based on Where You Live. We may restrict, modify, or limit your access to and use of certain Content, Virtual Goods, an entire Game, or any or all of the Services depending on the territory in which you are located.
(d) Retail Purchase. We may offer codes or product keys that can be activated in a Game or used to activate a Game on the App Store. Such codes or keys must be purchased (or otherwise obtained legally) through us or one of our authorized retailers to be valid. If you purchase such a code or key from a third party, that third party is responsible for addressing any issues you have with these codes or keys. Subject to applicable law, we will have no responsibility for these codes or keys purchased from any third party.
6. License Restrictions
Use of any Game or other Services, or any Content, for any purpose not expressly permitted herein is prohibited. Users may not copy, download, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, store, re-use, adapt, incorporate or create a derivative work of, in any manner, any Content obtained from any Service other than as provided herein. Users may print, download or transmit to a personal device the Content from the Games only for personal and non-commercial use, provided that the user keeps intact all Content, including any copyright, trademarks, service marks or other proprietary notices and credit lines that appear with or on the Content. Any use, copying, downloading, reproduction or redistribution for commercial purposes is strictly prohibited. Nothing contained on this site grants, or shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any AMC trademarks, trade names, service marks or logos without the prior written permission of AMC. Users expressly agree not to engage in any use or activity that:
• Interrupts, destroys, alters, damages, delays, floods or limits the functionality or integrity of the Games or Content offered through the Services, including any associated software, hardware, or telecommunications or wireless equipment;
• Manipulates identifiers or numeric information to disguise the origin of any user, device, material or other information;
• Infringes on any patent, trademark, trade name, service mark or name, copyright, trade secret, or other proprietary right of any Content;
• Contains unauthorized advertising, advertises Content as your own or solicits other users;
• Promotes any business or commercial activity for any products, goods or services without prior written consent from AMC;
• Impersonates any business or entity, or falsely represents your affiliation with a person or entity;
• Causes the forwarding of information that you do not own, have the right to provide, or that is false or misdirected;
• Translates, reverse engineers, decompiles, disassembles, modifies or creates derivative works based on the Games, the Content available through the Games, or any portion thereof;
• Circumvents any technology used by AMC or its licensors to protect the Games and/or the Content accessible via the Games;
• Allows the use or provision of ancillary offerings to anyone, that are not offered within the Services by us (or the functionality of the App Store), such as hosting, “leveling” services, mirroring our servers, matchmaking, emulation, communication redirects, mods, hacks, cheats, bots (or any other automated control), trainers and automation programs that interact with the Services in any way, tunneling, third party program add-ons, and any interference with online or network play;
• Contains off-topic information;
• Rent, lease, lend, sublicense, or otherwise redistribute any part of the Games and/or the Content;
• Allows for the sale, rental, lease, license, distribution, or other transfer the Services, Game or any Content, including, without limitation, Virtual Goods or Game Currency, including participation in or operation of so called “secondary markets” for Virtual Goods, Game Currency or Content;
• (i) is unlawful, harmful to adults or minors, threatening, abusive, harassing, inflammatory, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or otherwise objectionable, (ii) is otherwise detrimental to the enjoyment of the Services by other users as intended by us, including, without limitation, harassment, use of abusive or offensive language, game abandonment, game sabotage, spamming, social engineering, or scamming, in each case, in our sole judgment (iii) is fraudulent, false, misleading or deceptive, including “trolling;” (iv) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (v) is violent, bullying, or threatening or promotes violence, terrorism, or actions that are threatening to any person or entity; or (vi) promotes illegal or harmful activities or substances;
• Allows for the creation, development, distribution, or use of any unauthorized software programs to gain advantage in any online or other game modes or otherwise Cheat (as defined below);
• Violates any applicable law or regulation;
• Attempts to probe, scan or test any Service’s vulnerability or breach any security or authentication measures;
• Accesses, tampers with, or uses non-public areas of the Services;
• Collects or stores any information that could be used to identify an individual, either itself or combined with other information, from the Services from other users of the Services without their express permission;
• Trespasses, or attempts to gain access to a property or location where you do not have permission to be or engages in any activity that may result in injury, death, property damage, nuisance or other liability;
• Uses IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on the Services or for any other purpose;
• Allows for play on another person’s Game Account to “boost” that Game Account’s status, level or rank;
• Uses the Services in any way that would affect us adversely or reflect negatively on us or the Services or discourage any person from using all or any portion of the features of the Services;
• Otherwise violates AMC policies or this EULA; or
• Encourages or Enables anyone else to do any of the foregoing.
7. Ownership of the Services
AMC, its current affiliates, including Cablevision Systems Corporation and its subsidiaries, and The Madison Square Garden Company and its subsidiaries (hereinafter, collectively, "Affiliates"), and/or parties that have granted us specific usage authorizations ("Licensors") own all title, ownership and intellectual property rights in the Services, and in any Content. Copyrights, trademarks, trade names, service marks or names, or other proprietary rights and laws protect the Content and you agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. You understand and agree that you have no ownership interest in the Services or any Games or Content therein.
8. Cheating
The Services (and particularly our Games) may have built-in mechanisms designed to prevent granting one user an unfair advantage over other users (these actions are “Cheating” and the software is the “Cheat Detection Software”). We may add or update our Cheat Detection Software periodically as we may require in our sole discretion. The Services and/or the Cheat Detection Software may collect and transmit details about your Game Account, gameplay, and unauthorized programs or processes in connection with Cheating, subject to our Privacy Policy and applicable law. In the event that we in our sole discretion conclude that you are Cheating, you agree that we may exercise any or all of our rights under this EULA, including termination of this EULA and your access to our Services. In addition, if you Cheat in one Game or Service, we may terminate your license to use all of our Games and Services.
9. Consent to Monitor
Although we are not obligated to monitor access to or use of the Services or to review or edit any Content, we have the right to do so for the purpose of operating and publishing the Services, to ensure compliance with this EULA, to protect the health or safety of anyone that we believe may be threatened, to protect our legal rights and remedies, to report a crime or offensive behavior, or to comply with applicable law. We may (but don’t have to) remove or disable access to any Content, at any time and without notice. We may (but don’t have to) investigate violations of this EULA or conduct that affects the Services.
10. Virtual Goods and Game Currency
(a) Purchasing or Obtaining Virtual Goods and Game Currency. We may offer certain upgrades and options within our Games that you can buy with real world currency, including, but not limited to, in-game currency (“Game Currency”), character skins, mounts and vehicles, digital cards, additional features, levels or content, experience boosts, gear and other customizations for your in-Game characters, and other such digital add-on items that may improve your Game experience in some way (“Virtual Goods”). Except as otherwise communicated to you within the functionality of the Game, Game Currency and Virtual Goods are not transferable from one Game to another. You may also be able to obtain certain Virtual Goods and Game Currency without purchase, such as an in-Game award. When you purchase Game Currency, Virtual Goods, or a Game itself (each, a “Transaction”), your purchase will be made through the functionality available through the App Store or other platforms we make available to you. Prior to making a Transaction, you should make sure you fully understand the agreement that covers your Transaction, whether that agreement is an App Store Agreement or another payment platform agreement (such as a third party payment processor’s terms). There may be limits to the quantity and number of times you can purchase Virtual Goods, Game Currency, or other aspects of your Transaction. For example, there may be a maximum amount of Game Currency you are able to hold (in-Game) or purchase at a given time, or a maximum number of Transactions you may make per day; these additional restrictions may be communicated to you via the functionality of the Services. We may, from time to time, modify, amend, or supplement our fees, billing methods and terms applicable to Game Currency, Virtual Goods or to any purchases, and post those changes in this EULA, in separate terms and conditions or in other terms or agreements posted on the applicable website or as part of the Game or otherwise provided to you by us. Such modifications, amendments, supplements or terms shall be effective immediately upon posting and shall be incorporated by reference into this EULA. If any change is unacceptable to you, you may terminate the use of your Game Account at any time.
(b) Your License to Virtual Goods and Game Currency. Virtual Goods and Game Currency are digital items and your use of them is governed by this EULA and the App Store Agreement(s). VIRTUAL GOODS AND GAME CURRENCY HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. VIRTUAL GOODS AND GAME CURRENCY ARE NON-TRANSFERABLE AND NON-TRADABLE, IN WHOLE OR PART, AND ARE NOT PROVIDED FOR INVESTMENT PURPOSES. Provided you comply with the terms of this EULA and the App Store Agreement(s), we grant you the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to use any Virtual Goods or Game Currency you gain access to, whether purchased or otherwise obtained, solely in connection with your use of the Game in question and within the Game (unless we otherwise communicate to you that you may use them in multiple Games) and for no other purpose. Unless, expressly permitted by us in a specific Game, you may not trade any such Virtual Good or Game Currency with others. We may cancel, revoke, or otherwise prevent the use of Virtual Good or Game Currency if we suspect any unauthorized or fraudulent activity, and/or to correct any erroneous application of any Virtual Goods or Game Currency to your Account.
(c) Changes to Game Currency and Virtual Goods. Except as otherwise prohibited by applicable law, we, in our sole discretion, may modify, substitute, replace, suspend, cancel or eliminate any Game Currency or Virtual Goods, including your ability to access or use Game Currency or Virtual Goods, without notice or liability to you. YOU AGREE THAT YOU WON’T ASSERT OR BRING ANY CLAIM AGAINST US, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS (THE “AMC PARTIES”) RELATING TO (A) A CLAIM THAT YOU HAVE A PROPRIETARY INTEREST IN ANY GAME CURRENCY OR VIRTUAL GOODS; OR (B) A CLAIM FOR AN ALLEGED MONETARY VALUE OF GAME CURRENCY OR VIRTUAL GOODS LOST UPON (I) DELETION OR SUSPENSION OF YOUR ACCOUNT, (II) ADJUSTMENTS TO THE GAME THAT RESULT IN THE VALUE OF VIRTUAL GOODS OR GAME CURRENCY CHANGING, OR (III) MODIFICATION, TERMINATION OR EXPIRATION OF THIS EULA.
11. Refunds
Subject to applicable law, (i) all Games, Virtual Goods and Game Currency remain our property, have no monetary value and are not redeemable, refundable, or eligible for any other alternate remedy for any “real world” money or anything of monetary value, unless they are defective, unavailable, or do not perform in accordance with the specifications we provide; (ii) we may revoke your license to such Games, Virtual Goods and/or Game Currency at any time consistent with this EULA without notice or liability to you; and (iii) by purchasing and using any Games, Virtual Goods and/or Game Currency, you hereby waive any statutory right you may have to withdraw from your agreement to purchase the applicable Game, Virtual and/or Game Currency and you agree that you will therefore not be eligible to receive a refund (or any alternative remedy) in relation to such Game, Virtual Good and/or Game Currency. Where applicable law does not permit you to waive your right to so withdraw, you hereby agree that such withdrawal right expires immediately upon purchase and delivery of your Game, Virtual Good and/or Game Currency, as permitted by applicable law.
12. Beta Testing
From time to time we may offer a beta version of one of our Services (a “Beta”). Betas are not guaranteed to work properly and may make other parts of your system not work properly as well. For the license granted to you in Section 5 above to extend to the Beta (meaning, for you to have permission to use the Beta), you acknowledge and agree to the following terms in addition to the rest of this EULA:
(a) We may automatically delete or modify the information stored on your computer related to the Beta for any reason at any time during the duration of the Beta test;
(b) We may terminate the Beta test at any time, which would then render your Beta unplayable or unable to function properly. When we terminate a Beta, you must delete the local Beta instance on your computer and all documents and materials you received from us in connection with the Beta;
(c) Termination of a Beta by us is not a ground for any kind of refund and your participation in a Beta does not entitle you to any compensation or any free Services, including any Content and Game Currency; and
(d) If and when we release a full (non-Beta) version of the Services and we may allow your use of the Services to continue to the full version. If so allowed by us, your continued use of the Services will no longer be subject to this Section 12 (except for this Section 12(d)) but will still be subject to the rest of this EULA.
13. Accessing a Game from an App Store
Where a Game is made available to you via an App Store (such as the Steam game platform, Apple App Store or Google Play Store) you acknowledge and agree that:
• This EULA is between you and us, not the App Store, and we (not the App Store), are solely responsible for the Game.
• The App Store has no obligation to provide any Game maintenance or support.
• If the Game cannot meet its warranties (if any), you can contact the App Store and they will refund you the purchase price of the Game (if applicable) and, to the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to the Game. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
• The App Store is not responsible for addressing any claims you have or any claims of any third party relating to the Game or your possession and use of the Game, including, without limitation: (i) product liability claims; (ii) any claim that the Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the Game or your possession and use of the Game infringes that third party’s intellectual property rights, we will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this EULA.
• The App Store, and its subsidiaries, are third-party beneficiaries of this EULA and upon your acceptance of this EULA, the App Store will have the right to enforce this EULA against you as a third-party beneficiary thereof.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• You must also comply with all applicable third-party terms of service when using the Game.
14. Feedback
We welcome your feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by contacting us at our address below, through any other means of contact we authorize, or via the functionality of the Services (if available). If you provide us with any Feedback, you hereby grant us the following license: a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, distribute copies of, publicly perform, publicly display and otherwise exploit the Feedback for any purpose and in any country. If you have rights in the Feedback that cannot be licensed to us under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert those rights. You understand and agree that you are freely giving your Feedback, that we don’t have to use it, and that you will not be compensated in any way for your Feedback. You represent and warrant that you have rights in any Feedback that you provide to us sufficient to grant us and other affected parties the rights described above, including, without limitation, intellectual property rights or rights of publicity or privacy.
15. DMCA/Copyright Policy
The Copyright for the Game is held by AMC. Any rights not expressly granted herein are hereby reserved. If you believe in good faith that Content or other information appearing within the Services infringes on your copyright, you (or your agent) may send us a notice in accordance with the current requirements provided in the Digital Millennium Copyright Act of 1998 (DMCA). Notices should be sent to:
AMC NETWORKS INC.
c/o AMC Network Entertainment LLC
11 Penn Plaza, 15th Floor
New York, NY 10001
Attention: Webmaster
info-amc@amc.com
We respect copyright law and expect our users to do the same. It’s our policy to terminate in appropriate circumstances Game Accounts of users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
16. Third Party Websites and Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
17. Data Charges and Mobile Devices
You are responsible for all data-related charges that you may incur for using our Services, including, without limitation, mobile, text-messaging, and data charges. You should understand or ask your service provider what charges you may incur before using the Services.
18. Service and EULA Modifications
We reserve the right to make changes to this EULA. If we do so, you will be prompted to agree to the updated EULA upon your next access to the Services or when the updated EULA is otherwise communicated to you. You must agree to these updates to continue using the Services. If you do not agree to, or cannot comply with the revised EULA, you must stop using the Services, including any use of any Game.
19. Patches and Updates
We also reserve the right to make changes and update any information or Content contained within the Services without prior notice, including but not limited to patches, updates, or upgrades to the Services that must be installed in order for you to continue to use the Services. We may update the Services remotely without notifying you, and you hereby consent to us applying such patches, updates, and upgrades. If your device can prevent automatic updates, you may not be able to access the Services until you manually update the Services yourself on your device. We may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Services at any time. Subject to applicable law, you acknowledge that any character data, game progress, game customization or other data related to your use of any particular Game and other elements unique to the Services may cease to be available to you at any time without notice from us, including, without limitation, after a patch, update, or upgrade is applied by us. You agree that we do not have any maintenance or support obligations with respect to the Services.
Subject to applicable law, we may change the price of the Services (including Games, Virtual Goods, Game Currency and Content), at any time, for any reason, without notice or liability to you.
20. Warranty Disclaimers
THE SERVICES (INCLUDING ANY GAMES) AND CONTENT ARE PROVIDED "AS IS." WE DO NOT WARRANT, EXPRESSLY OR BY IMPLICATION, THE ACCURACY OR RELIABILITY OF ANY CONTENT PROVIDED OR POSTED THROUGH THE SERVICES OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. AMC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, SATISFACTION, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT. AMC DOES NOT WARRANT THAT THE SERVICES (INCLUDING ANY GAMES) OR ANY CONTENT ARE FREE FROM VIRUSES OR OTHER POTENTIALLY HARMFUL ATTRIBUTES.
21. Limitation of Liability
NEITHER AMC NOR ITS AFFILIATES, MEMBERS, EMPLOYEES, OR AGENTS SHALL BE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND WHATSOEVER TO ANY USER OR THIRD PARTY, FOR ANY LOSS, HARM OR DAMAGE THAT RESULTS OR OCCURS FROM: (I) USE OF OR ACCESS TO SERVICES OR CONTENT POSTED THROUGH THE SERVICES; (II) USE OR ACCESS TO ANY SERVICE, WIRELESS OR OTHERWISE, PROVIDED AS A FEATURE OR OFFERING THROUGH THE SERVICES; (III) ANY FAILURE OR INTERRUPTION OF THE SERVICES; (IV) ANY ACT OR OMISSION OF ANY SERVICE PROVIDER OR AGENT INVOLVED IN MAKING THE SERVICES OR THE CONTENT AVAILABLE TO USERS; (V) ANY OTHER CAUSE RELATING TO A USER’S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THE SERVICES OR CONTENT; (VI) ANY CONTENT, MATERIALS, ADVICE OR OPINIONS POSTED OR UPLOADED THROUGH THE SERVICES, INCLUDING ANY USER RELIANCE ON SUCH INFORMATION; (VII) ANY SECURITY BREACH, OR ANY VIRUS, BUG, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, INACCURACY, DEFECT OR TECHNICAL MALFUNCTIONS; OR (VII) ANY USER’S FAILURE TO COMPLY WITH THESE TERMS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF AMC, ITS AFFILIATES OR AGENTS PROVIDING SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT WILL AMC, ITS AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE TO ANY USER FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, EVEN IF AMC OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.
FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE AMC PARTIES ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE SERVICES WILL NOT EXCEED: (A) THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) OR ARE PAYABLE BY YOU TO US FOR THE PARTICULAR GAME OR SERVICE IN QUESTION DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY; OR (B) IF (A) DOES NOT APPLY, FIFTY DOLLARS ($50 USD). THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.
Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this EULA will prejudice such rights that you may have as a consumer of the Services.
22. Indemnity
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AMC, ITS AFFILIATES, MEMBERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, COSTS AND FEES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM YOUR VIOLATION OR BREACH OF THESE TERMS, YOUR UNAUTHORIZED ACCESS OR USE OF CONTENT, SERVICES AND/OR ANY CONSEQUENCES ARISING OUT OF YOUR ACCESS OR USE OF THE SERVICES AND OR CONTENT.
23. Seizure Warning
A very small percentage of people experience epileptic seizures when exposed to certain light patterns or flashing lights. Exposure to these patterns or backgrounds on a television, or while playing video games, may induce an epileptic seizure in these individuals. If you, or anyone in your family, have an epileptic condition, consult your physician prior to playing. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing the game, immediately discontinue use and consult your physician.
24. Termination
We may terminate your access to and use of any or all the Services, including any Game, Virtual Goods or Content, with no liability or notice to you in the event that (a) we cease providing the Services to similarly situated users generally; (b) you breach any terms of this EULA (including the App Store Agreement(s) and our other policies specified in this EULA); (c) the owner of the applicable App Store terminates your App Store Account; or (d) we otherwise deem it necessary or reasonable to terminate this EULA in our sole discretion. You may also terminate this EULA by deleting and uninstalling the Game on any and all of your devices or by deleting your App Store Account. Upon any termination of this EULA, the rights granted to you will automatically terminate, you may no longer exercise any of those rights or this EULA. Subject to applicable law, we may, in our sole discretion, provide continued access to and use of the Services prior to such termination.
Except to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not this EULA has been terminated.
The following sections will survive termination of this EULA: 7, 13, 15, 18, 19, 20, 23 through 28, and this sentence of Section 21.
25. Dispute Resolution and Governing Law – United States
This section only applies if you are accessing, using, or have purchased the Services in the United States.
(a) Governing Law and Forum Choice. This EULA and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in this Section 23, the exclusive jurisdiction for all Disputes (defined below) that you and we are not required to arbitrate will be the state and federal courts located in the Southern District of New York, and you and we each waive any objection to jurisdiction and venue in such courts.
(b) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to this EULA or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, each as they relate to Services used or purchased within the United States (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this EULA, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this EULA.
(c) Location of Arbitration. If you are a resident of the United States, any arbitration will take place in your county of residence, to the exclusion of all other venues.
(d) Exceptions. As limited exceptions to Section 23(b) above, the following Disputes can be resolved in court and need not be resolved through arbitration: (i) any Dispute that can be resolved in small claims court (if it qualifies); and (ii) any Dispute involving the infringement or misappropriation of our intellectual property rights.
(e) Opt-out. You have the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at our address below within thirty (30) days following the date you first agree to this EULA.
(f) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this EULA. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(g) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(h) Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution (Section 23) shall be null and void.
(i) Effect of Changes on Arbitration. Notwithstanding the provisions of Section 17 above, if we change any of the terms of this Section 23 after the date you first accepted this EULA (or accepted any subsequent changes to this EULA), you may reject any such change by sending us written notice (including by email to our address below) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of our notice to you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the terms of this Section 23 “Dispute Resolution—United States” as of the date you first accepted this EULA (or accepted any subsequent changes to this EULA).
(j) Severability. With the exception of any of the provisions in Section 23(h) above, if an arbitrator or court of competent jurisdiction decides that any part of this EULA is invalid or unenforceable, the other parts of this EULA will still apply.
26. Dispute Resolution and Governing Law – Outside the United States
This section only applies if you are accessing, using, or have purchased the Services outside of the United States. This section applies if you are accessing, using, or have purchased the Services outside of the United States. These Terms and any action related thereto will be governed by the laws of the State of New York, without regard to its conflict of laws provisions. The exclusive jurisdiction for all Disputes will be the state and federal courts located in the Southern District of New York, and you and we each waive any objection to jurisdiction and venue in such courts.
27. No Assignment
You may not assign or transfer this EULA, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this EULA, without such consent, will be null and void. Notwithstanding the title of this Section, we may freely assign or transfer this EULA without restriction. Subject to the foregoing, this EULA will bind and inure to the benefit of the parties, their successors and permitted assigns.
28. Miscellaneous
(a) Entire Agreement. This EULA and any other document or information referred to in this EULA constitutes the entire and exclusive understanding between you and us regarding the Services and supersede any and all prior oral or written understandings or agreements between you and us regarding the Services. Any law or regulation which provides that the language of a contract will be construed against the drafter will not apply to this EULA.
(b) Language. The original language of this EULA is in English; any translations are provided for reference purposes only. You waive any right you may have under the law of your country to have this EULA written or construed in any other language.
(c) Severability. This EULA describes certain legal rights. You may have other rights under the laws of your jurisdiction. This EULA does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. As noted above, limitations and exclusions of warranties and remedies in this EULA may not apply to you because your jurisdiction may not allow them in your particular circumstance. In the event that certain provisions of this EULA are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions will be enforced only to the furthest extent possible under applicable law and subject to Section 23(h), the remaining terms of this EULA will remain in full force and effect.
(d) No Waiver. Your and our actions or inactions will not create any other rights under this EULA except as what is explicitly written within this EULA. Our failure to enforce any right or provision of this EULA will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by one of our duly authorized representatives. Except as expressly set forth in this EULA, the exercise by either party of any of its remedies under this EULA will be without prejudice to its other remedies under this EULA or otherwise.
(e) Third-party Rights. Except as described in Section 13, a person who is not a party to this EULA will have no right under to enforce any of its terms.
29. Contact Information
If you have any questions about this EULA or the Services, please contact us at:
AMC NETWORKS INC.
c/o AMC Network Entertainment LLC
11 Penn Plaza, 15th Floor
New York, NY 10001
Attention: Webmaster
info-amc@amc.com