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THREATIA STUDIOS S.L
END USER LICENCE AGREEMENT
Date last updated: August 9, 2022
PLEASE READ THE CONTENTS OF THIS SECTION CAREFULLY. BY USING OR ACCESSING OUR GAMES OR SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ANY TERMS AND CONDITIONS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL THESE TERMS AND CONDITIONS, YOU MUST NOT USE OR ACCESS OUR GAMES OR SERVICES.
THIS AGREEMENT INCLUDES, AMONG OTHER MATTERS, AN ARBITRATION AGREEMENT (CLAUSE 19a) AND A WAIVER OF CLASS ACTION (CLAUSE 19b), WHICH WILL NOT APPLY TO YOU IF YOU ARE RESIDENT OUTSIDE THE UNITED STATES OF AMERICA.
If you are a resident of Germany, specific clauses will apply to you. See clauses 7 and 15 for more information.
If you are a resident of the European Union, a specific clause will apply to you. See clause 10 for more information.
If you are resident in Australia, a specific clause will apply. See clause 15 for more information.
A specific clause will apply if you reside in North America (excluding the United States of America), Central America, or South America. See clause 18 for more information.
A specific clause will apply if you are a United States of America resident. See clause 19 for more information.
This End User License Agreement (this "Agreement") is an agreement between you and Threatia Studios S. L ("THREATIA"), "THREATIA," "us," "we," "us," or "our" and applies to your access to and use of the Game in which this Agreement appears (or, if published online, the Game referred to in the section above), including, without limitation, the multiplayer, online or downloadable portions, as well as any written or electronic content or documentation (the "Game"). The Game is not sold but is licensed. No title or ownership in the Game or any existing copy of the Game is conferred by this Agreement. The Agreement does not modify the terms of any other agreements you have entered into with THREATIA regarding other products or services. No changes, additions, or deletions by you to this Agreement will be accepted and expressly rejected by THREATIA.
We may incorporate additional terms and conditions (e.g., published prices, billing procedures, and promotional rules) that may apply to particular functionalities and features that are part of the Game. Unless otherwise stated, any additional terms and conditions used shall be incorporated into this Agreement. In the event of any conflict between this Agreement's provisions and other terms and conditions, the additional terms and conditions shall prevail concerning the functionality and features in question.
1. CONTRACTING PARTY. You enter into a contractual relationship with Threatia Studios S.L, Avenida de la Reina Victoria 29, 7º E 28003 Madrid
VAT NUMBER: B01808450
2. PRIVACY POLICY. Threatia Studios S.L. does not collect or store data through the games.
3. PRIOR CONDITIONS OF THE LICENCES. The licenses granted by this Agreement are expressly subject to the conditions set out below and to your full compliance with all other stipulations of this Agreement:
(a) You must have reached the age of majority in your jurisdiction. If you have not yet reached the age of majority in your jurisdiction, your parent or legal guardian must consent to be bound by this Agreement and to comply with any additional terms and conditions that may apply.
b) You agree to comply with all the terms and conditions of this Agreement and any additional terms and conditions applicable to the Game.
c) Your use of and access to the Game are subject to specific security measures, such as registering the Game with a serial code, having permanent access to the Internet, and agreeing to particular security/digital rights management features. If you do not agree to these security measures or do not comply with any of them, your use of the Game may be interrupted in whole or in part.
d) Your use of and access to the Game must comply with local, national, and international laws and regulations.
e) You will access and use the Game only on local machines that have validly licensed copies of operating systems compatible with the operation of the Game (the "Hardware").
f) You agree to accept and be bound by all terms and conditions applicable to the Hardware, including any terms and conditions of such platform relating to the verification process.
4. LIMITED USE LICENCE.
a) Subject to the terms of this Agreement and your compliance with these terms, we grant you a limited, non-exclusive, non-transferable license to use the Game during the term of this Agreement in your country of residence on Hardware that you own or control exclusively, and only to the extent permitted by applicable platform rules or terms of use (if any). This Agreement shall govern any upgrades, add-ons, or replacements to the original Game unless separate license terms accompany such upgrades.
b) The preceding sets out all of your rights concerning the Game; THREATIA reserves all rights to the Game that are not expressly granted in this Agreement. Notwithstanding the preceding, you shall refrain from doing, authorizing, or permitting third parties to do the following: (i) distribute, copy, rent, or sell the Game or license its use (except as expressly permitted by this license or the platform's rules of use); (ii) use the Game for any purpose other than your own personal, non-commercial use; (iii) reverse engineer, decompile, disassemble or attempt to discover the source code of the Game; (iv) modify, alter or create derivative works of the Game; (v) remove, alter or obscure any copyright, trademark or other proprietary rights notices in the Game; (vi) use the Game for purposes for which it was not designed; (vii) use the Game on Hardware not owned or under your exclusive control; (viii) circumvent or attempt to circumvent any security measures in the Game; or (ix) attempt to conceal or disguise your region when accessing any online features of the Game.
5. OWNERSHIP. The Game and all of its contents (other than User Content, as defined below), as well as other materials in the Game or made available to you through the Game (including, without limitation, the THREATIA logo and all designs, textual and graphical materials, images, information, data, software, sound files, Game Currency, Virtual Items, other files and the selection and arrangement thereof), shall be the property of THREATIA or its licensors and are protected by copyright and intellectual property laws and treaties. Notwithstanding anything to the contrary contained in this Agreement, you represent that you understand that you do not have any rights or title to any content appearing in the Game, including but not limited to the Game Currency and Virtual Items.
6. TERM.
a) Subject to your acceptance of the terms set out in clause 3, this Agreement will remain in force for the duration of your use of the Game. Either Party may terminate the Agreement with or without cause at any time provided that reasonable notice is given. You may terminate the Agreement by deleting or destroying all Game copies in your possession, custody, or control. THREATIA shall not be liable to you or any third party for any termination of your right to use the Game.
b) In the event of a breach by you of the terms of this Agreement, THREATIA reserves the right (without prejudice to any other rights you may have) to limit, suspend or terminate your license to use the Game immediately.
c) In the event of termination of this Agreement, (i) your license to use the Game will terminate immediately, and (ii) you will not be entitled to a refund of any amounts, including any unused amounts (if any), except for the Game Currency you have purchased, which will be refunded to you under applicable law.
d) Upon termination of the Contract, clauses 4 b), 5, 6 d), 8, 11, and 14 to 23 shall survive termination.
7. AMENDMENTS. THREATIA reserves the right to make changes or modifications to this Agreement at any time and for any reason at its absolute discretion. If THREATIA makes any changes to this Agreement, we will give you one month's notice, for example, by notifying you through the Game. Your continued use of the Game after the effective date of such changes will constitute your acceptance of the revised Agreement.
If you are resident in Germany, the following provisions shall also apply to you in addition to the preconditions in this clause:
THREATIA reserves the right to make changes or amend the Contract at any time, except the provisions setting out the parties' primary contractual obligations for this Contract. The parties' main contractual obligations shall NOT be changed as described in this clause. THREATIA will inform you of any proposed changes to this Agreement, provide you with the proposed new version and announce the date on which this new Agreement will enter into force. Any changes must be notified in writing (an e-mail will suffice for this purpose) six weeks in advance. If YOU do not expressly reject the relevant change within six weeks of the effective date of the new Agreement, YOU will be deemed to have accepted the change. THREATIA will expressly and specifically inform you of the right of objection you will have for six weeks and of the consequences of not explicitly rejecting the proposed amendment in the notification mentioned above.
8. MODIFICATION OF THE GAME. THREATIA reserves the right to modify or discontinue temporarily or permanently the Game or any of its features or parts temporarily or permanently and must give reasonable notice; however, in case of emergency or absolute necessity, it may do so without prior notice. You agree that THREATIA shall incur no liability for any modification, suspension, or discontinuance of the Game or any part thereof.
9. GAME CURRENCY AND VIRTUAL ITEMS.
a) THREATIA may offer you the ability to i) purchase a limited license to use currencies in the Game ("Purchased Game Currency"); ii) obtain a limited license to use currencies in the Game in exchange for performing specific tasks in the Game (collectively together with the Purchased Game Currency, "Game Currency"); and iii) obtain a limited license or purchase a limited license with the Game Currency for virtual products and services that THREATIA makes available to you in the Game ("Virtual Items"). In the event that THREATIA offers you the ability to purchase or obtain such licenses, THREATIA grants you a limited, non-exclusive, non-transferable, and revocable right and license to use such Game Currency or such Virtual Items, as applicable, for your exclusive personal, non-commercial use in the Game, subject to the terms and conditions of this Agreement and your compliance with such terms and conditions.
b) Game Currency may only be redeemed for Virtual Items for use in the Game. In no event shall THREATIA or any other person or entity be required to exchange Game Currency or Virtual Items for money, any other property of monetary value, or any other monetary equivalent, except as otherwise provided by applicable law. Game Currency and Virtual Items shall have no equivalent value in real currency and shall not act as a substitute for real currency. Neither THREATIA nor any other person or entity has any obligation to exchange Game Currency or Virtual Items for items of value, including real currency. You acknowledge and agree that THREATIA may take actions that may impact the Game's attributes or the perceived value of Game Currency or Virtual Items at any time unless prohibited by applicable law. THREATIA, in its sole discretion, may impose limitations on the amount of Game Currency that you may purchase, earn or redeem.
c) Purchases you make of purchased Game Currency will be considered closed and in no event will be refunded, transferred, or exchanged to you, except as otherwise provided by applicable law. Except for the purchase price of the Game Currency purchased and certain Virtual Items, THREATIA will not charge you any fees for accessing, using, or not using the Game Currency or Virtual Items.
d) You may not transfer, sell, give away, exchange, trade, trade, lease, sublicense or rent Game Currency or Virtual Items unless you do so within the Game and THREATIA expressly permits the such practice. Unless stated in this Agreement, THREATIA reserves and shall retain all rights, title, and interest in the Game Currency and the virtual Elements.
(e) The licenses granted under this Agreement to the Game Currency and Virtual Items shall terminate upon the Agreement under clause six unless otherwise provided herein.
10. RIGHT OF WITHDRAWAL. If you are a resident of a member state of the European Union, you have certain cancellation rights on purchases of Game Currency or Virtual Items that you have made with real currency. However, at this moment, you expressly waive your right of withdrawal once the service for which your account gains access to the Game Currency or Virtual Items begins to be provided. You agree that: i) the download of the Game Currency or Virtual Items begins immediately upon purchase; and ii) once the purchase is completed, you lose your right of withdrawal.
11. USER CONTENT. If you post any communication, information, copyrighted content, article, message, photograph, artwork, video, URL, or any other items or content on the Game ("User Content") to the extent permitted by applicable local law, you at this moment consent to grant THREATIA a non-exclusive, royalty-free, fully transferable and sub-licensable, non-exclusive, royalty-free license to THREATIA, fully transferable and sub-licensable, worldwide license for the duration of the applicable statutory intellectual property rights protection to use the User Content in connection with the Game and related products and services, including the rights to reproduce, copy, adapt, modify, perform, create derivative works, display, publish, broadcast, transmit or otherwise use, distribute, exploit and communicate to the general public by all means and means now known or hereafter devised, without prior notice to you or compensation to you in any way. To the extent permitted by applicable law, you waive any moral rights of authorship, publication, reputation, or attribution concerning THREATIA's and other players' use and enjoyment of such content in connection with the Game and related products and services. The license granted to THREATIA hereunder shall survive termination or revocation of this Agreement.
12. ONLINE BEHAVIOUR. Except in cases of intentional error or gross negligence on the part of THREATIA, THREATIA will not be held responsible for the behavior of any user, whether or not such conduct is related to the user's access to or use of the Game. THREATIA may suspend or permanently terminate your access to the Game at any time if you breach the conditions of clause 12 or any other state of this Agreement. THREATIA may (for example, in response to a claim by a copyright holder) review any User Content that has been uploaded, posted, stored, or displayed in the Game ("posted"). In the case of User Content that has been shared as part of a private message within the Game, THREATIA will not examine or review such content unless a party to the communicative process consents to it (e.g., by informing THREATIA that such message is objectionable). THREATIA reserves the right to remove or refuse to publish any User Content on the Internet. Although THREATIA does not regularly screen, edit or monitor any User Content that is posted on the Game, THREATIA reserves the right and has absolute discretion to remove, screen, or edit any User Content that is posted through the Game if, in its reasonable discretion, it believes that such User Content violates this Agreement, any third party right or any applicable law, rule or regulation. You may not use the Game if you have previously been suspended or banned from the Game. You are solely responsible for User Content that you post or transmit to other users or third parties. In particular, you agree not to do or intend to do, or encourage others to do, any of the following in connection with the Game:
(a) post User Content that is unlawful, defamatory, libelous, defamatory, offensive, obscene, pornographic, indecent, vulgar, lewd, sexually explicit, intimidating, threatening, invasive of privacy or publicity rights, abusive, provocative, or fraudulent; promotes or encourages any illegal or anti-social activity, including hacking; promotes racism, bigotry, hatred or physical or other harm of any kind against any group or person, or is otherwise considered unacceptable;
b) post User Content that may infringe any patent, trademark or trade secret, copyright, or other proprietary or intellectual property rights of any person or entity;
(c) engage in commercial activities or sales, including the transmission of any commercial advertisement or promotion;
(d) publish, disclose or disseminate personal data about any person (including you); or
e) impersonate any other person or entity, including any senior manager, forum leader, guide, moderator, employee, or agent of THREATIA, or falsely state or otherwise misrepresent your affiliation with any person or entity;
f) hinder or disrupt the Game or the normal flow of Gameplay or dialogue, use vulgar or abusive language, shout excessively (e.g., by continuous use of CAPITAL LETTERS), send spam, or use any other disruptive or disruptive methods that may disturb other Game users;
g) use or take advantage of bugs, glitches, or design flaws to gain unauthorized access to the Game, gain an unfair advantage over other users or cheat or use unauthorized means in connection with the Game, including but not limited to accessing parts of the Game that you are not authorized to access and using unauthorized components, emulators or other third party tools;
h) take any action that interferes with the ability of other users to enjoy the Game according to their own rules or that substantially increases the cost or difficulty of maintaining the Game by THREATIA or the platform provider and that prevents users from enjoying the Game;
i) intentionally disconnecting from the network during online play or repeatedly allowing oneself to be beaten by a particular player to help them climb in the ranking or gain points in the Game;
j) trading, selling, auctioning, or otherwise transferring or attempting to transfer Virtual Items or Game Currency outside the Game;
k) otherwise violate the terms of this Agreement and other policies communicated by THREATIA or incur liability to THREATIA.
13. COPYRIGHT POLICY. Copyright owners and agents who believe that any element of the Game infringes the copyright they own or control may submit a notice of such infringement to our designated Copyright Agent, details below. Any person who knowingly misrepresents in a notification that material or activity is infringing may be liable for damages, including costs and attorneys' fees, incurred by us or the alleged infringer as a result of believing such misrepresentation and terminating or disabling access to the material or activity that is the subject of the complaint. THREATIA has adopted a policy to terminate, in certain circumstances and at THREATIA's sole discretion, users who repeatedly infringe the intellectual property rights of others, provided, however, that THREATIA will also limit or terminate access to the Game by any user who infringes the intellectual property rights of others, whether or not such infringement is a repeat infringement.
THREATIA Studios S.L
Attn: Carlos Perez
carlos@threatia.io
14. THIRD-PARTY CONTENT. Through the Game, you may be able to access content from other users, advertisers, or other third parties. Because we do not control third-party content, you agree that, except in cases of intentional error or gross negligence on the part of THREATIA, THREATIA is not responsible for third party content and makes no warranties as to the accuracy or quality of information contained in third party content, and assumes no responsibility for third party content that is unintentionally made available that is deemed inappropriate, inaccurate, misleading or illegal. Any reference to any product, service, process, or other information by name or trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by THREATIA of, or any association with, any of them unless expressly stated by THREATIA.
15. DISCLAIMER OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT THE THREAT, ITS LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY VIRUSES OR OTHER DISABLING FEATURES THAT MAY AFFECT YOUR ACCESS TO OR USE OF THE GAME OR ANY INCOMPATIBILITY BETWEEN THE GAME, OTHER SERVICES, AND HARDWARE. THE GAME AND ALL OTHER SERVICES ARE PROVIDED "AS IS. " EXCEPT AS MAY BE EXPRESSLY PROVIDED IN THIS AGREEMENT, THREATIA, ITS LICENSORS, AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Some jurisdictions do not allow disclaimers of implied conditions or exclusion or limitation of warranties in consumer contracts, so some of these disclaimers in this clause may not apply to you.
If you are resident in Australia, in addition to the conditions precedent in this clause, the following provisions also apply to you:
This clause 15 is not intended to limit or reduce any mandatory or statutory rights or remedies available to consumers recognized by the law of your local jurisdiction. To the fullest extent permitted by law, the conditions and warranties implied by Schedule 2 of the Competition and Consumer Protection Act 2010 (Cth) (the Australian Consumer Law) are excluded from this Agreement. If they cannot be excluded, you acknowledge that THREATIA's liability is limited (and it is fair and reasonable to limit it) to the following:
(i) re-provision of the Game; or
ii) payment of the cost of re-provision of the Game.
If you are resident in Germany, in addition to the conditions precedent in this clause, the following provisions shall also apply to you:
The following shall apply to the extent that a service is provided for a fee: THREATIA warrants that the Game will perform substantially under the specifications INCLUDED in the applicable documentation or product description. If a DEFECT becomes apparent, THREATIA will offer subsequent remedies, either by eliminating the defect (e.g., through an update) or by providing a new version of the service that excludes such defect within a reasonable period to allow for at least three subsequent remedy attempts. If the subsequent rectification fails definitively, you may exercise your other statutory rights, provided, however, that THREATIA's strict (no-fault) liability for initial defects under Section 536a (1) of the German Civil Code is excluded in any case.
16. INTERNET. YOU ACKNOWLEDGE AND AGREE THAT THREATIA SHALL NOT BE LIABLE FOR ANY DELAYS OR FAILURES YOU MAY EXPERIENCE INITIATING, EXECUTING, OR COMPLETING A TRANSMISSION OR GAME-RELATED TRANSACTION IN A TIMELY AND RELEVANT MANNER. Similarly, THREATIA cannot promise or guarantee that you will be able to access multiplayer games, online games, or downloadable portions of the Game whenever you wish. You may not be able to access such portions of the Game for extended periods. THREATIA does not guarantee continuous, error-free, or virus-free operation of multiplayer games, online games, or downloadable parts of the Game or the continued process or availability of any particular server.
17. LIMITATION OF LIABILITY. EXCEPT FOR CIRCUMSTANCES OF 1) DEATH OR PERSONAL INJURY CAUSED BY THREATIA'S NEGLIGENCE; 2) FRAUD OR MISREPRESENTATION BY THREATIA; 3) THE INTENTIONAL ACTS OR GROSS NEGLIGENCE OF THREATIA; 4) LOSS OR DESTRUCTION OF TANGIBLE PERSONAL PROPERTY CAUSED BY USE OF THE GAME; AND 5) ANY OTHER LIABILITY THAT CAN NOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW, IN NO EVENT SHALL THREATIA, ITS SUBSIDIARIES, AFFILIATES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND OTHER SUPPLIERS OR ASSOCIATED ENTITIES INCUR ANY LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE OR LOST PROFITS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE GAME, THE CONTENT INCLUDED IN OR ACCESSED THROUGH THE GAME, OR THE FAILURE TO PROVIDE SUPPORT SERVICE. IN THE EVENT OF ORDINARY ORDINARY NEGLIGENCE OR BREACH OF THREATIA'S ESSENTIAL OBLIGATIONS UNDER THIS AGREEMENT, THREATIA'S LIABILITY SHALL BE LIMITED TO THE DIRECT AND FORESEEABLE DAMAGES SUFFERED BY YOU. IN NO EVENT SHALL THREATIA'S TOTAL LIABILITY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, PRODUCT, WARRANTY, INTELLECTUAL PROPERTY INFRINGEMENT, OR OTHERWISE, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE GAME OR THESE TERMS EXCEED ONE HUNDRED DOLLARS ($100) OR, IF GREATER, THE AMOUNT PAID BY YOU TO THREATIA TO USE THE GAME. THIS CLAUSE 17 SHALL NOT LIMIT ANY MANDATORY OR STATUTORY WARRANTIES THAT MAY NOT BE LIMITED BY CONTRACT UNDER THE LAWS OF YOUR LOCAL JURISDICTION.
18. DISPUTE RESOLUTION.
The applicable law in case of any dispute or conflict of interpretation of the terms that make up this legal notice, as well as any question related to the services of this Web Site, shall be Spanish law. The person using them agrees to submit to the judges and courts of the user's domicile, provided that it is located in Spanish territory.
19. SETTLEMENT OF DISPUTES.
a) COMPULSORY AND BINDING ARBITRATION. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THREATIA: (i) ACKNOWLEDGE AND AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN YOU AND THREATIA BY BINDING ARBITRATION UNDER FEDERAL ARBITRATION LAW, INCLUDING, BUT NOT LIMITED TO, (EXCEPT FOR THE EXCEPTIONS EXPRESSLY PROVIDED FOR IN PARAGRAPH (iii) OF CLAUSE 19(a)) ANY CLAIM OR DISPUTE BASED ON LEGAL THEORIES OF CONTRACTUAL OR NONCONTRACTUAL BREACH, INJURY, BREACH OF LAW, FRAUD, UNFAIR COMPETITION, PRIVACY RIGHTS, MISREPRESENTATION OR ANY OTHER LEGAL THEORY ARISING OUT OF OR RELATING TO ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND THREATIA, ANY TERM OR PROVISION OF THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE GAME (INDIVIDUALLY, "CLAIM"); ii) EXPRESSLY AND IRREVOCABLY WAIVE ANY RIGHT TO PURSUE ANY CLAIM IN COURT OR TO HAVE SUCH CLAIM SETTLED BY A JUDGE OR JURY; (iii) NOT INITIATE OR PARTICIPATE IN COLLECTIVE OR REPRESENTATIVE ARBITRATION ARBITRATION PROCEEDINGS AGAINST THE OTHER PARTY, EVEN IF OTHERWISE PERMITTED BY FEDERAL ARBITRATION LAW; AND iv) YOU WILL NOT PURPOSE TO JOIN OR COMBINE ANY ARBITRAL PROCEEDINGS IN RESPECT OF ANY CLAIMS BY YOU OR THREATIA WITH ANY ARBITRAL LITIGATION OR PROCEEDINGS WHICH HAVE BEEN INITIATED BY OR AGAINST SUCH THIRD PARTY WITHOUT THE EXPRESS WRITTEN CONSENT OF EACH SUCH THIRD PARTY AND BOTH PARTIES TO THIS AGREEMENT. UNLESS YOU GIVE NOTICE OF VOLUNTARY EXCLUSION IN THE PROPER FORM (IN STRICT COMPLIANCE WITH PARAGRAPH (c) OF THIS CLAUSE 19), YOU AND THREATIA AGREE THAT ALL CLAIMS AGAINST THE OTHER PARTY SHALL BE ADDRESSED ONLY BY BINDING AND BINDING ARBITRATION.
(i) Amicable settlement of disputes before arbitration. Before commencing an arbitration proceeding concerning any Claim under this Arbitration Agreement, you and THREATIA agree to use your reasonable good faith efforts to resolve any dispute or Claim amicably between you and THREATIA. The Party raising the dispute or Claim shall send to the other Party a written notice describing the nature and basis of the argument or Claim and giving details of the legal remedy sought. Written notices to THREATIA must be sent by express mail to the following address: Threatia Studios S.L Avenida de la Reina Victoria 29, 7º E 28003 Madrid, Spain. Suppose you and THREATIA do not agree on resolving such a dispute or Claim within thirty (30) days from the date is written notice is received. In that case, the complaining Party may initiate arbitration proceedings against the other Party under the terms permitted by the Arbitration Agreement as set forth above.
(ii) Arbitration Proceedings. Arbitration is a legally binding process by which a party may seek resolution of a legal problem with or take action against another party like filing a lawsuit in court, but which, generally speaking, requires less stringent procedural formalities, and is held before a neutral third party or arbitrator (rather than a judge or jury), provides for more limited discovery and, theoretically, reduced legal fees for each Party, and is subject to little review by the courts. Notwithstanding the preceding, you and THREATIA agree that the language in which any arbitration proceeding shall be conducted shall be Spanish and that electronic submission of required documentation shall be acceptable. That participation by telephone or teleconference, or in person, at a location mutually agreed upon by the parties, shall be permitted.
(iii) Excluded Claims. Notwithstanding the preceding, the terms of this Arbitration Agreement shall not preclude you or THREATIA from: (i) bringing the matter to the attention of any federal, state, or local governmental body having governmental authority and jurisdiction to seek relief from the other Party for the benefit of you or THREATIA; or (ii) filing a small claims action in court, subject to the limitations and jurisdictional requirements of such court.
(iv) Severance from the Arbitration Agreement. You and THREATIA agree that nothing in this Arbitration Agreement shall be enforceable against you or THREATIA. All Claims shall be governed by the respective clauses 20(a) and 21(a), as set forth below, if: (i) a court of competent jurisdiction conclusively determines that any term or provision of this Arbitration Agreement is unenforceable, prohibited by applicable law, and unenforceable as to any Claim; or (ii) you give Notice of Opt-Out in proper form (under clause 19(c)) in which you express your decision not to participate in this Arbitration Agreement.
(b) WAIVER OF CLASS ACTIONS. IF YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA, BY AGREEING TO THE TERMS OF THIS AGREEMENT, YOU AND THREATIA AGREE THAT: (i) ANY CLAIM SHALL BE MADE ON AN INDIVIDUAL BASIS BY YOU AND THREATIA AND SHALL BE ADDRESSED ONLY AS AN INDIVIDUAL ARBITRATION (OR AS AN INDIVIDUAL JUDICIAL PROCEDURE IN THE CASE OF CLAIMS THAT HAVE BEEN EXCLUDED FROM THE ARBITRATION AGREEMENT UNDER SUBPARAGRAPH (iii) OF SECTION (a) OF CLAUSE 19), AND NOT AS A CLASS OR OTHER REPRESENTATIVE ACTION; (ii) EXPRESSLY WAIVE ANY RIGHT TO FORM A CLASS OR OTHER CLASS OR REPRESENTATIVE CLAIM OR TO PARTICIPATE IN SUCH A CLAIM; AND (iii) THE ARBITRATOR (OR COURT, IN THE CASE OF CLAIMS WHICH HAVE BEEN EXCLUDED FROM THE ARBITRATION AGREEMENT PURSUANT TO CLAUSE 19(a)(iii))) MAY ONLY ADRESS INDIVIDUAL ARBITRATION (OR AN INDIVIDUAL ADJUDICIAL PROCEEDING IN THE CASE OF CLAIMS THAT HAVE BEEN EXCLUDED FROM THE ARBITRATION AGREEMENT UNDER SUBPARAGRAPH (iii) OF CLAUSE 19(a)), MAY NOT BRING TOGETHER MORE THAN ONE INDIVIDUAL CLAIM AND MAY NOT PRESIDE OVER ANY CLASS OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO SUCH CLAIMS. UNLESS YOU GIVE NOTICE OF VOLUNTARY EXCLUSION IN THE PROPER FORM (AS DESCRIBED IN PARAGRAPH (c) OF CLAUSE 19), YOU AND THREATIA AGREE THAT EACH PARTY MAY BRING ITS CLAIMS AGAINST THE OTHER ONLY IN ITS NAME OR ITS CAPACITY, AND NOT AS A PLAINTIFF OR CLASS PARTY IN A PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
i) Severability of Class Action Waiver. You and THREATIA agree that nothing in this Class Action Waiver shall be enforceable against you or THREATIA and that all Claims shall be governed by the respective clauses 20(a) and 21(a), as set forth below, if: (i) a court of competent jurisdiction conclusively determines that any term or provision of this Class Action Waiver is unenforceable, prohibited by applicable law, and unenforceable as to any Claim; or (ii) you give an opt-out Notice in proper form (under clause 19(c)) in which you express your decision not to participate in this Class Action Waiver. In no event shall your opt-out of the Class Action Waiver be construed or deemed to constitute an acceptance by you or THREATIA to participate in a class action lawsuit or arbitration.
c) Opt-Out PROCEDURE. You may exercise your right to opt-out and not be bound by the Arbitration Agreement and the Class Action Waiver. To do so, you must give written notice of your decision not to participate in such Arbitration Agreement or Class Action Waiver (the "Opt-Out Notice") in strict compliance with the requirements outlined in subparagraphs (i) through (iii) of paragraphs (c) of Section 19.
(i) Address and manner of delivery. You must send your Notice of Opt-Out to the following address: Threatia Studios S.L.
Avenida de la Reina Victoria 29, 7º E 28003 Madrid, Spain in one of the following ways: (i) express mail, certified and with acknowledgment of receipt; or (ii) courier service with delivery within 24 hours or by burofax.
(ii) Time limits. Unless a more extended period is required by applicable law, your Opt-Out Notice must be postmarked (if sent by express mail) or deposited in an office (if sent by overnight courier): (i) within thirty (30) days from the date of purchase of your copy of the Game; or (ii) if no purchase was made, within thirty (30) days from the date you first accessed or used your copy of the Game.
(iii) Required information. Your Opt-Out Notice must include: i) the title of the specific Game to which your Opt-Out Notice relates; ii) your first and last name; iii) your address; iv) your telephone number; v) your e-mail address; vi) if you are a registered user of the Game or other THREATIA product or service, each of your user names for those THREATIA games, products or services; and vii) a statement that you do not agree to the Arbitration Agreement or the Class Action Waiver. THREATIA may use the information in your Opt-Out Notice to record, process, maintain and administer your opt-out from the Arbitration Agreement or Class Action Waiver, but not for marketing purposes.
(iv) Effect of Successful Opt-Out Notice. If your Opt-Out Notice meets all of the above requirements, you and THREATIA will be deemed to have opted out of the Arbitration Agreement and Class Action Waiver under such Opt-Out Notice and in connection with this Agreement. The filing of a valid Opt-Out Notice will only apply to claims arising out of or relating to the Game or this Agreement that are identified in the notice itself and to claims arising between THREATIA and the person identified in the notice.
(v) Effects of an incorrect Opt-Out Notice. If you submit an Opt-Out Notice that does not comply with any of the requirements outlined in subparagraphs (i) through (iii) of paragraph (c) of Section 19(c), you and THREATIA will be bound by the Arbitration Agreement and the Class Action Waiver provided for in this Agreement.
20. GOVERNING LAW.
To the extent required by applicable law, all terms and provisions of this Agreement shall be governed by and construed under all applicable mandatory laws, even if inconsistent with the applicable law outlined in this clause 20, and in no event shall the application, interpretation or enforcement of the terms of this Agreement, under any jurisdictional law contemplated by this clause, exclude, limit or otherwise restrict any rights inferred to you, as a consumer, under any applicable consumer protection law. Your conduct shall also be governed by local, regional, national, and international laws. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to any dispute or claim to arise from this Agreement.
Any dispute arising between the parties out of or in connection with this Agreement shall be governed by this Agreement and the laws of the Kingdom of Spain, without giving effect to any principles of conflicts of laws that would allow the application of the law of another jurisdiction.
21. JURISDICTIONAL COMPETENCE.
Unless otherwise expressly provided herein, each Party consents and submits to the exclusive jurisdiction of the courts specified below and waives any objection on the grounds of jurisdiction, forum non-convenient, or similar backgrounds, and irrevocably consents to service of process by mail or otherwise. The law applicable to these Conditions is the Law of the Kingdom of Spain, and the courts of the city of Madrid (Spain) shall have exclusive jurisdiction.
22. THIRD-PARTY BENEFICIARIES. Any person or entity not a party to this Agreement shall have no right under any law to enforce the terms hereof, regardless of whether such person or entity is identified by name. The provisions of this clause shall not affect the rights of any transferee or assignee contemplated by this Agreement.
23. MISCELLANEOUS PROVISIONS. This Agreement contains the entire Agreement between you and THREATIA regarding your Game use. Suppose any provision of this Agreement shall be invalid or unenforceable. In that case, the remaining provisions of this Agreement shall remain in full force and effect for the remaining term of this Agreement, or as outlined in clause 6(d), except to the extent that such provision deprives the Agreement of its essential obligations. You may not assign this Agreement or any of your rights under this Agreement without the prior written consent of THREATIA. Any attempted assignment without such consent shall be void. Notwithstanding the preceding restriction, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by our respective successors and us and assigns. If THREATIA does not exercise or enforce any of its rights or any provision of this Agreement, this Agreement shall not be deemed a waiver by you of such right or provision. The headings of the clauses into which this Agreement is divided are for illustrative purposes only and shall have no legal or contractual effect.
END USER LICENCE AGREEMENT
Date last updated: August 9, 2022
PLEASE READ THE CONTENTS OF THIS SECTION CAREFULLY. BY USING OR ACCESSING OUR GAMES OR SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ANY TERMS AND CONDITIONS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL THESE TERMS AND CONDITIONS, YOU MUST NOT USE OR ACCESS OUR GAMES OR SERVICES.
THIS AGREEMENT INCLUDES, AMONG OTHER MATTERS, AN ARBITRATION AGREEMENT (CLAUSE 19a) AND A WAIVER OF CLASS ACTION (CLAUSE 19b), WHICH WILL NOT APPLY TO YOU IF YOU ARE RESIDENT OUTSIDE THE UNITED STATES OF AMERICA.
If you are a resident of Germany, specific clauses will apply to you. See clauses 7 and 15 for more information.
If you are a resident of the European Union, a specific clause will apply to you. See clause 10 for more information.
If you are resident in Australia, a specific clause will apply. See clause 15 for more information.
A specific clause will apply if you reside in North America (excluding the United States of America), Central America, or South America. See clause 18 for more information.
A specific clause will apply if you are a United States of America resident. See clause 19 for more information.
This End User License Agreement (this "Agreement") is an agreement between you and Threatia Studios S. L ("THREATIA"), "THREATIA," "us," "we," "us," or "our" and applies to your access to and use of the Game in which this Agreement appears (or, if published online, the Game referred to in the section above), including, without limitation, the multiplayer, online or downloadable portions, as well as any written or electronic content or documentation (the "Game"). The Game is not sold but is licensed. No title or ownership in the Game or any existing copy of the Game is conferred by this Agreement. The Agreement does not modify the terms of any other agreements you have entered into with THREATIA regarding other products or services. No changes, additions, or deletions by you to this Agreement will be accepted and expressly rejected by THREATIA.
We may incorporate additional terms and conditions (e.g., published prices, billing procedures, and promotional rules) that may apply to particular functionalities and features that are part of the Game. Unless otherwise stated, any additional terms and conditions used shall be incorporated into this Agreement. In the event of any conflict between this Agreement's provisions and other terms and conditions, the additional terms and conditions shall prevail concerning the functionality and features in question.
1. CONTRACTING PARTY. You enter into a contractual relationship with Threatia Studios S.L, Avenida de la Reina Victoria 29, 7º E 28003 Madrid
VAT NUMBER: B01808450
2. PRIVACY POLICY. Threatia Studios S.L. does not collect or store data through the games.
3. PRIOR CONDITIONS OF THE LICENCES. The licenses granted by this Agreement are expressly subject to the conditions set out below and to your full compliance with all other stipulations of this Agreement:
(a) You must have reached the age of majority in your jurisdiction. If you have not yet reached the age of majority in your jurisdiction, your parent or legal guardian must consent to be bound by this Agreement and to comply with any additional terms and conditions that may apply.
b) You agree to comply with all the terms and conditions of this Agreement and any additional terms and conditions applicable to the Game.
c) Your use of and access to the Game are subject to specific security measures, such as registering the Game with a serial code, having permanent access to the Internet, and agreeing to particular security/digital rights management features. If you do not agree to these security measures or do not comply with any of them, your use of the Game may be interrupted in whole or in part.
d) Your use of and access to the Game must comply with local, national, and international laws and regulations.
e) You will access and use the Game only on local machines that have validly licensed copies of operating systems compatible with the operation of the Game (the "Hardware").
f) You agree to accept and be bound by all terms and conditions applicable to the Hardware, including any terms and conditions of such platform relating to the verification process.
4. LIMITED USE LICENCE.
a) Subject to the terms of this Agreement and your compliance with these terms, we grant you a limited, non-exclusive, non-transferable license to use the Game during the term of this Agreement in your country of residence on Hardware that you own or control exclusively, and only to the extent permitted by applicable platform rules or terms of use (if any). This Agreement shall govern any upgrades, add-ons, or replacements to the original Game unless separate license terms accompany such upgrades.
b) The preceding sets out all of your rights concerning the Game; THREATIA reserves all rights to the Game that are not expressly granted in this Agreement. Notwithstanding the preceding, you shall refrain from doing, authorizing, or permitting third parties to do the following: (i) distribute, copy, rent, or sell the Game or license its use (except as expressly permitted by this license or the platform's rules of use); (ii) use the Game for any purpose other than your own personal, non-commercial use; (iii) reverse engineer, decompile, disassemble or attempt to discover the source code of the Game; (iv) modify, alter or create derivative works of the Game; (v) remove, alter or obscure any copyright, trademark or other proprietary rights notices in the Game; (vi) use the Game for purposes for which it was not designed; (vii) use the Game on Hardware not owned or under your exclusive control; (viii) circumvent or attempt to circumvent any security measures in the Game; or (ix) attempt to conceal or disguise your region when accessing any online features of the Game.
5. OWNERSHIP. The Game and all of its contents (other than User Content, as defined below), as well as other materials in the Game or made available to you through the Game (including, without limitation, the THREATIA logo and all designs, textual and graphical materials, images, information, data, software, sound files, Game Currency, Virtual Items, other files and the selection and arrangement thereof), shall be the property of THREATIA or its licensors and are protected by copyright and intellectual property laws and treaties. Notwithstanding anything to the contrary contained in this Agreement, you represent that you understand that you do not have any rights or title to any content appearing in the Game, including but not limited to the Game Currency and Virtual Items.
6. TERM.
a) Subject to your acceptance of the terms set out in clause 3, this Agreement will remain in force for the duration of your use of the Game. Either Party may terminate the Agreement with or without cause at any time provided that reasonable notice is given. You may terminate the Agreement by deleting or destroying all Game copies in your possession, custody, or control. THREATIA shall not be liable to you or any third party for any termination of your right to use the Game.
b) In the event of a breach by you of the terms of this Agreement, THREATIA reserves the right (without prejudice to any other rights you may have) to limit, suspend or terminate your license to use the Game immediately.
c) In the event of termination of this Agreement, (i) your license to use the Game will terminate immediately, and (ii) you will not be entitled to a refund of any amounts, including any unused amounts (if any), except for the Game Currency you have purchased, which will be refunded to you under applicable law.
d) Upon termination of the Contract, clauses 4 b), 5, 6 d), 8, 11, and 14 to 23 shall survive termination.
7. AMENDMENTS. THREATIA reserves the right to make changes or modifications to this Agreement at any time and for any reason at its absolute discretion. If THREATIA makes any changes to this Agreement, we will give you one month's notice, for example, by notifying you through the Game. Your continued use of the Game after the effective date of such changes will constitute your acceptance of the revised Agreement.
If you are resident in Germany, the following provisions shall also apply to you in addition to the preconditions in this clause:
THREATIA reserves the right to make changes or amend the Contract at any time, except the provisions setting out the parties' primary contractual obligations for this Contract. The parties' main contractual obligations shall NOT be changed as described in this clause. THREATIA will inform you of any proposed changes to this Agreement, provide you with the proposed new version and announce the date on which this new Agreement will enter into force. Any changes must be notified in writing (an e-mail will suffice for this purpose) six weeks in advance. If YOU do not expressly reject the relevant change within six weeks of the effective date of the new Agreement, YOU will be deemed to have accepted the change. THREATIA will expressly and specifically inform you of the right of objection you will have for six weeks and of the consequences of not explicitly rejecting the proposed amendment in the notification mentioned above.
8. MODIFICATION OF THE GAME. THREATIA reserves the right to modify or discontinue temporarily or permanently the Game or any of its features or parts temporarily or permanently and must give reasonable notice; however, in case of emergency or absolute necessity, it may do so without prior notice. You agree that THREATIA shall incur no liability for any modification, suspension, or discontinuance of the Game or any part thereof.
9. GAME CURRENCY AND VIRTUAL ITEMS.
a) THREATIA may offer you the ability to i) purchase a limited license to use currencies in the Game ("Purchased Game Currency"); ii) obtain a limited license to use currencies in the Game in exchange for performing specific tasks in the Game (collectively together with the Purchased Game Currency, "Game Currency"); and iii) obtain a limited license or purchase a limited license with the Game Currency for virtual products and services that THREATIA makes available to you in the Game ("Virtual Items"). In the event that THREATIA offers you the ability to purchase or obtain such licenses, THREATIA grants you a limited, non-exclusive, non-transferable, and revocable right and license to use such Game Currency or such Virtual Items, as applicable, for your exclusive personal, non-commercial use in the Game, subject to the terms and conditions of this Agreement and your compliance with such terms and conditions.
b) Game Currency may only be redeemed for Virtual Items for use in the Game. In no event shall THREATIA or any other person or entity be required to exchange Game Currency or Virtual Items for money, any other property of monetary value, or any other monetary equivalent, except as otherwise provided by applicable law. Game Currency and Virtual Items shall have no equivalent value in real currency and shall not act as a substitute for real currency. Neither THREATIA nor any other person or entity has any obligation to exchange Game Currency or Virtual Items for items of value, including real currency. You acknowledge and agree that THREATIA may take actions that may impact the Game's attributes or the perceived value of Game Currency or Virtual Items at any time unless prohibited by applicable law. THREATIA, in its sole discretion, may impose limitations on the amount of Game Currency that you may purchase, earn or redeem.
c) Purchases you make of purchased Game Currency will be considered closed and in no event will be refunded, transferred, or exchanged to you, except as otherwise provided by applicable law. Except for the purchase price of the Game Currency purchased and certain Virtual Items, THREATIA will not charge you any fees for accessing, using, or not using the Game Currency or Virtual Items.
d) You may not transfer, sell, give away, exchange, trade, trade, lease, sublicense or rent Game Currency or Virtual Items unless you do so within the Game and THREATIA expressly permits the such practice. Unless stated in this Agreement, THREATIA reserves and shall retain all rights, title, and interest in the Game Currency and the virtual Elements.
(e) The licenses granted under this Agreement to the Game Currency and Virtual Items shall terminate upon the Agreement under clause six unless otherwise provided herein.
10. RIGHT OF WITHDRAWAL. If you are a resident of a member state of the European Union, you have certain cancellation rights on purchases of Game Currency or Virtual Items that you have made with real currency. However, at this moment, you expressly waive your right of withdrawal once the service for which your account gains access to the Game Currency or Virtual Items begins to be provided. You agree that: i) the download of the Game Currency or Virtual Items begins immediately upon purchase; and ii) once the purchase is completed, you lose your right of withdrawal.
11. USER CONTENT. If you post any communication, information, copyrighted content, article, message, photograph, artwork, video, URL, or any other items or content on the Game ("User Content") to the extent permitted by applicable local law, you at this moment consent to grant THREATIA a non-exclusive, royalty-free, fully transferable and sub-licensable, non-exclusive, royalty-free license to THREATIA, fully transferable and sub-licensable, worldwide license for the duration of the applicable statutory intellectual property rights protection to use the User Content in connection with the Game and related products and services, including the rights to reproduce, copy, adapt, modify, perform, create derivative works, display, publish, broadcast, transmit or otherwise use, distribute, exploit and communicate to the general public by all means and means now known or hereafter devised, without prior notice to you or compensation to you in any way. To the extent permitted by applicable law, you waive any moral rights of authorship, publication, reputation, or attribution concerning THREATIA's and other players' use and enjoyment of such content in connection with the Game and related products and services. The license granted to THREATIA hereunder shall survive termination or revocation of this Agreement.
12. ONLINE BEHAVIOUR. Except in cases of intentional error or gross negligence on the part of THREATIA, THREATIA will not be held responsible for the behavior of any user, whether or not such conduct is related to the user's access to or use of the Game. THREATIA may suspend or permanently terminate your access to the Game at any time if you breach the conditions of clause 12 or any other state of this Agreement. THREATIA may (for example, in response to a claim by a copyright holder) review any User Content that has been uploaded, posted, stored, or displayed in the Game ("posted"). In the case of User Content that has been shared as part of a private message within the Game, THREATIA will not examine or review such content unless a party to the communicative process consents to it (e.g., by informing THREATIA that such message is objectionable). THREATIA reserves the right to remove or refuse to publish any User Content on the Internet. Although THREATIA does not regularly screen, edit or monitor any User Content that is posted on the Game, THREATIA reserves the right and has absolute discretion to remove, screen, or edit any User Content that is posted through the Game if, in its reasonable discretion, it believes that such User Content violates this Agreement, any third party right or any applicable law, rule or regulation. You may not use the Game if you have previously been suspended or banned from the Game. You are solely responsible for User Content that you post or transmit to other users or third parties. In particular, you agree not to do or intend to do, or encourage others to do, any of the following in connection with the Game:
(a) post User Content that is unlawful, defamatory, libelous, defamatory, offensive, obscene, pornographic, indecent, vulgar, lewd, sexually explicit, intimidating, threatening, invasive of privacy or publicity rights, abusive, provocative, or fraudulent; promotes or encourages any illegal or anti-social activity, including hacking; promotes racism, bigotry, hatred or physical or other harm of any kind against any group or person, or is otherwise considered unacceptable;
b) post User Content that may infringe any patent, trademark or trade secret, copyright, or other proprietary or intellectual property rights of any person or entity;
(c) engage in commercial activities or sales, including the transmission of any commercial advertisement or promotion;
(d) publish, disclose or disseminate personal data about any person (including you); or
e) impersonate any other person or entity, including any senior manager, forum leader, guide, moderator, employee, or agent of THREATIA, or falsely state or otherwise misrepresent your affiliation with any person or entity;
f) hinder or disrupt the Game or the normal flow of Gameplay or dialogue, use vulgar or abusive language, shout excessively (e.g., by continuous use of CAPITAL LETTERS), send spam, or use any other disruptive or disruptive methods that may disturb other Game users;
g) use or take advantage of bugs, glitches, or design flaws to gain unauthorized access to the Game, gain an unfair advantage over other users or cheat or use unauthorized means in connection with the Game, including but not limited to accessing parts of the Game that you are not authorized to access and using unauthorized components, emulators or other third party tools;
h) take any action that interferes with the ability of other users to enjoy the Game according to their own rules or that substantially increases the cost or difficulty of maintaining the Game by THREATIA or the platform provider and that prevents users from enjoying the Game;
i) intentionally disconnecting from the network during online play or repeatedly allowing oneself to be beaten by a particular player to help them climb in the ranking or gain points in the Game;
j) trading, selling, auctioning, or otherwise transferring or attempting to transfer Virtual Items or Game Currency outside the Game;
k) otherwise violate the terms of this Agreement and other policies communicated by THREATIA or incur liability to THREATIA.
13. COPYRIGHT POLICY. Copyright owners and agents who believe that any element of the Game infringes the copyright they own or control may submit a notice of such infringement to our designated Copyright Agent, details below. Any person who knowingly misrepresents in a notification that material or activity is infringing may be liable for damages, including costs and attorneys' fees, incurred by us or the alleged infringer as a result of believing such misrepresentation and terminating or disabling access to the material or activity that is the subject of the complaint. THREATIA has adopted a policy to terminate, in certain circumstances and at THREATIA's sole discretion, users who repeatedly infringe the intellectual property rights of others, provided, however, that THREATIA will also limit or terminate access to the Game by any user who infringes the intellectual property rights of others, whether or not such infringement is a repeat infringement.
THREATIA Studios S.L
Attn: Carlos Perez
carlos@threatia.io
14. THIRD-PARTY CONTENT. Through the Game, you may be able to access content from other users, advertisers, or other third parties. Because we do not control third-party content, you agree that, except in cases of intentional error or gross negligence on the part of THREATIA, THREATIA is not responsible for third party content and makes no warranties as to the accuracy or quality of information contained in third party content, and assumes no responsibility for third party content that is unintentionally made available that is deemed inappropriate, inaccurate, misleading or illegal. Any reference to any product, service, process, or other information by name or trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by THREATIA of, or any association with, any of them unless expressly stated by THREATIA.
15. DISCLAIMER OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT THE THREAT, ITS LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY VIRUSES OR OTHER DISABLING FEATURES THAT MAY AFFECT YOUR ACCESS TO OR USE OF THE GAME OR ANY INCOMPATIBILITY BETWEEN THE GAME, OTHER SERVICES, AND HARDWARE. THE GAME AND ALL OTHER SERVICES ARE PROVIDED "AS IS. " EXCEPT AS MAY BE EXPRESSLY PROVIDED IN THIS AGREEMENT, THREATIA, ITS LICENSORS, AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Some jurisdictions do not allow disclaimers of implied conditions or exclusion or limitation of warranties in consumer contracts, so some of these disclaimers in this clause may not apply to you.
If you are resident in Australia, in addition to the conditions precedent in this clause, the following provisions also apply to you:
This clause 15 is not intended to limit or reduce any mandatory or statutory rights or remedies available to consumers recognized by the law of your local jurisdiction. To the fullest extent permitted by law, the conditions and warranties implied by Schedule 2 of the Competition and Consumer Protection Act 2010 (Cth) (the Australian Consumer Law) are excluded from this Agreement. If they cannot be excluded, you acknowledge that THREATIA's liability is limited (and it is fair and reasonable to limit it) to the following:
(i) re-provision of the Game; or
ii) payment of the cost of re-provision of the Game.
If you are resident in Germany, in addition to the conditions precedent in this clause, the following provisions shall also apply to you:
The following shall apply to the extent that a service is provided for a fee: THREATIA warrants that the Game will perform substantially under the specifications INCLUDED in the applicable documentation or product description. If a DEFECT becomes apparent, THREATIA will offer subsequent remedies, either by eliminating the defect (e.g., through an update) or by providing a new version of the service that excludes such defect within a reasonable period to allow for at least three subsequent remedy attempts. If the subsequent rectification fails definitively, you may exercise your other statutory rights, provided, however, that THREATIA's strict (no-fault) liability for initial defects under Section 536a (1) of the German Civil Code is excluded in any case.
16. INTERNET. YOU ACKNOWLEDGE AND AGREE THAT THREATIA SHALL NOT BE LIABLE FOR ANY DELAYS OR FAILURES YOU MAY EXPERIENCE INITIATING, EXECUTING, OR COMPLETING A TRANSMISSION OR GAME-RELATED TRANSACTION IN A TIMELY AND RELEVANT MANNER. Similarly, THREATIA cannot promise or guarantee that you will be able to access multiplayer games, online games, or downloadable portions of the Game whenever you wish. You may not be able to access such portions of the Game for extended periods. THREATIA does not guarantee continuous, error-free, or virus-free operation of multiplayer games, online games, or downloadable parts of the Game or the continued process or availability of any particular server.
17. LIMITATION OF LIABILITY. EXCEPT FOR CIRCUMSTANCES OF 1) DEATH OR PERSONAL INJURY CAUSED BY THREATIA'S NEGLIGENCE; 2) FRAUD OR MISREPRESENTATION BY THREATIA; 3) THE INTENTIONAL ACTS OR GROSS NEGLIGENCE OF THREATIA; 4) LOSS OR DESTRUCTION OF TANGIBLE PERSONAL PROPERTY CAUSED BY USE OF THE GAME; AND 5) ANY OTHER LIABILITY THAT CAN NOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW, IN NO EVENT SHALL THREATIA, ITS SUBSIDIARIES, AFFILIATES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND OTHER SUPPLIERS OR ASSOCIATED ENTITIES INCUR ANY LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE OR LOST PROFITS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE GAME, THE CONTENT INCLUDED IN OR ACCESSED THROUGH THE GAME, OR THE FAILURE TO PROVIDE SUPPORT SERVICE. IN THE EVENT OF ORDINARY ORDINARY NEGLIGENCE OR BREACH OF THREATIA'S ESSENTIAL OBLIGATIONS UNDER THIS AGREEMENT, THREATIA'S LIABILITY SHALL BE LIMITED TO THE DIRECT AND FORESEEABLE DAMAGES SUFFERED BY YOU. IN NO EVENT SHALL THREATIA'S TOTAL LIABILITY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, PRODUCT, WARRANTY, INTELLECTUAL PROPERTY INFRINGEMENT, OR OTHERWISE, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE GAME OR THESE TERMS EXCEED ONE HUNDRED DOLLARS ($100) OR, IF GREATER, THE AMOUNT PAID BY YOU TO THREATIA TO USE THE GAME. THIS CLAUSE 17 SHALL NOT LIMIT ANY MANDATORY OR STATUTORY WARRANTIES THAT MAY NOT BE LIMITED BY CONTRACT UNDER THE LAWS OF YOUR LOCAL JURISDICTION.
18. DISPUTE RESOLUTION.
The applicable law in case of any dispute or conflict of interpretation of the terms that make up this legal notice, as well as any question related to the services of this Web Site, shall be Spanish law. The person using them agrees to submit to the judges and courts of the user's domicile, provided that it is located in Spanish territory.
19. SETTLEMENT OF DISPUTES.
a) COMPULSORY AND BINDING ARBITRATION. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THREATIA: (i) ACKNOWLEDGE AND AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN YOU AND THREATIA BY BINDING ARBITRATION UNDER FEDERAL ARBITRATION LAW, INCLUDING, BUT NOT LIMITED TO, (EXCEPT FOR THE EXCEPTIONS EXPRESSLY PROVIDED FOR IN PARAGRAPH (iii) OF CLAUSE 19(a)) ANY CLAIM OR DISPUTE BASED ON LEGAL THEORIES OF CONTRACTUAL OR NONCONTRACTUAL BREACH, INJURY, BREACH OF LAW, FRAUD, UNFAIR COMPETITION, PRIVACY RIGHTS, MISREPRESENTATION OR ANY OTHER LEGAL THEORY ARISING OUT OF OR RELATING TO ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND THREATIA, ANY TERM OR PROVISION OF THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE GAME (INDIVIDUALLY, "CLAIM"); ii) EXPRESSLY AND IRREVOCABLY WAIVE ANY RIGHT TO PURSUE ANY CLAIM IN COURT OR TO HAVE SUCH CLAIM SETTLED BY A JUDGE OR JURY; (iii) NOT INITIATE OR PARTICIPATE IN COLLECTIVE OR REPRESENTATIVE ARBITRATION ARBITRATION PROCEEDINGS AGAINST THE OTHER PARTY, EVEN IF OTHERWISE PERMITTED BY FEDERAL ARBITRATION LAW; AND iv) YOU WILL NOT PURPOSE TO JOIN OR COMBINE ANY ARBITRAL PROCEEDINGS IN RESPECT OF ANY CLAIMS BY YOU OR THREATIA WITH ANY ARBITRAL LITIGATION OR PROCEEDINGS WHICH HAVE BEEN INITIATED BY OR AGAINST SUCH THIRD PARTY WITHOUT THE EXPRESS WRITTEN CONSENT OF EACH SUCH THIRD PARTY AND BOTH PARTIES TO THIS AGREEMENT. UNLESS YOU GIVE NOTICE OF VOLUNTARY EXCLUSION IN THE PROPER FORM (IN STRICT COMPLIANCE WITH PARAGRAPH (c) OF THIS CLAUSE 19), YOU AND THREATIA AGREE THAT ALL CLAIMS AGAINST THE OTHER PARTY SHALL BE ADDRESSED ONLY BY BINDING AND BINDING ARBITRATION.
(i) Amicable settlement of disputes before arbitration. Before commencing an arbitration proceeding concerning any Claim under this Arbitration Agreement, you and THREATIA agree to use your reasonable good faith efforts to resolve any dispute or Claim amicably between you and THREATIA. The Party raising the dispute or Claim shall send to the other Party a written notice describing the nature and basis of the argument or Claim and giving details of the legal remedy sought. Written notices to THREATIA must be sent by express mail to the following address: Threatia Studios S.L Avenida de la Reina Victoria 29, 7º E 28003 Madrid, Spain. Suppose you and THREATIA do not agree on resolving such a dispute or Claim within thirty (30) days from the date is written notice is received. In that case, the complaining Party may initiate arbitration proceedings against the other Party under the terms permitted by the Arbitration Agreement as set forth above.
(ii) Arbitration Proceedings. Arbitration is a legally binding process by which a party may seek resolution of a legal problem with or take action against another party like filing a lawsuit in court, but which, generally speaking, requires less stringent procedural formalities, and is held before a neutral third party or arbitrator (rather than a judge or jury), provides for more limited discovery and, theoretically, reduced legal fees for each Party, and is subject to little review by the courts. Notwithstanding the preceding, you and THREATIA agree that the language in which any arbitration proceeding shall be conducted shall be Spanish and that electronic submission of required documentation shall be acceptable. That participation by telephone or teleconference, or in person, at a location mutually agreed upon by the parties, shall be permitted.
(iii) Excluded Claims. Notwithstanding the preceding, the terms of this Arbitration Agreement shall not preclude you or THREATIA from: (i) bringing the matter to the attention of any federal, state, or local governmental body having governmental authority and jurisdiction to seek relief from the other Party for the benefit of you or THREATIA; or (ii) filing a small claims action in court, subject to the limitations and jurisdictional requirements of such court.
(iv) Severance from the Arbitration Agreement. You and THREATIA agree that nothing in this Arbitration Agreement shall be enforceable against you or THREATIA. All Claims shall be governed by the respective clauses 20(a) and 21(a), as set forth below, if: (i) a court of competent jurisdiction conclusively determines that any term or provision of this Arbitration Agreement is unenforceable, prohibited by applicable law, and unenforceable as to any Claim; or (ii) you give Notice of Opt-Out in proper form (under clause 19(c)) in which you express your decision not to participate in this Arbitration Agreement.
(b) WAIVER OF CLASS ACTIONS. IF YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA, BY AGREEING TO THE TERMS OF THIS AGREEMENT, YOU AND THREATIA AGREE THAT: (i) ANY CLAIM SHALL BE MADE ON AN INDIVIDUAL BASIS BY YOU AND THREATIA AND SHALL BE ADDRESSED ONLY AS AN INDIVIDUAL ARBITRATION (OR AS AN INDIVIDUAL JUDICIAL PROCEDURE IN THE CASE OF CLAIMS THAT HAVE BEEN EXCLUDED FROM THE ARBITRATION AGREEMENT UNDER SUBPARAGRAPH (iii) OF SECTION (a) OF CLAUSE 19), AND NOT AS A CLASS OR OTHER REPRESENTATIVE ACTION; (ii) EXPRESSLY WAIVE ANY RIGHT TO FORM A CLASS OR OTHER CLASS OR REPRESENTATIVE CLAIM OR TO PARTICIPATE IN SUCH A CLAIM; AND (iii) THE ARBITRATOR (OR COURT, IN THE CASE OF CLAIMS WHICH HAVE BEEN EXCLUDED FROM THE ARBITRATION AGREEMENT PURSUANT TO CLAUSE 19(a)(iii))) MAY ONLY ADRESS INDIVIDUAL ARBITRATION (OR AN INDIVIDUAL ADJUDICIAL PROCEEDING IN THE CASE OF CLAIMS THAT HAVE BEEN EXCLUDED FROM THE ARBITRATION AGREEMENT UNDER SUBPARAGRAPH (iii) OF CLAUSE 19(a)), MAY NOT BRING TOGETHER MORE THAN ONE INDIVIDUAL CLAIM AND MAY NOT PRESIDE OVER ANY CLASS OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO SUCH CLAIMS. UNLESS YOU GIVE NOTICE OF VOLUNTARY EXCLUSION IN THE PROPER FORM (AS DESCRIBED IN PARAGRAPH (c) OF CLAUSE 19), YOU AND THREATIA AGREE THAT EACH PARTY MAY BRING ITS CLAIMS AGAINST THE OTHER ONLY IN ITS NAME OR ITS CAPACITY, AND NOT AS A PLAINTIFF OR CLASS PARTY IN A PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
i) Severability of Class Action Waiver. You and THREATIA agree that nothing in this Class Action Waiver shall be enforceable against you or THREATIA and that all Claims shall be governed by the respective clauses 20(a) and 21(a), as set forth below, if: (i) a court of competent jurisdiction conclusively determines that any term or provision of this Class Action Waiver is unenforceable, prohibited by applicable law, and unenforceable as to any Claim; or (ii) you give an opt-out Notice in proper form (under clause 19(c)) in which you express your decision not to participate in this Class Action Waiver. In no event shall your opt-out of the Class Action Waiver be construed or deemed to constitute an acceptance by you or THREATIA to participate in a class action lawsuit or arbitration.
c) Opt-Out PROCEDURE. You may exercise your right to opt-out and not be bound by the Arbitration Agreement and the Class Action Waiver. To do so, you must give written notice of your decision not to participate in such Arbitration Agreement or Class Action Waiver (the "Opt-Out Notice") in strict compliance with the requirements outlined in subparagraphs (i) through (iii) of paragraphs (c) of Section 19.
(i) Address and manner of delivery. You must send your Notice of Opt-Out to the following address: Threatia Studios S.L.
Avenida de la Reina Victoria 29, 7º E 28003 Madrid, Spain in one of the following ways: (i) express mail, certified and with acknowledgment of receipt; or (ii) courier service with delivery within 24 hours or by burofax.
(ii) Time limits. Unless a more extended period is required by applicable law, your Opt-Out Notice must be postmarked (if sent by express mail) or deposited in an office (if sent by overnight courier): (i) within thirty (30) days from the date of purchase of your copy of the Game; or (ii) if no purchase was made, within thirty (30) days from the date you first accessed or used your copy of the Game.
(iii) Required information. Your Opt-Out Notice must include: i) the title of the specific Game to which your Opt-Out Notice relates; ii) your first and last name; iii) your address; iv) your telephone number; v) your e-mail address; vi) if you are a registered user of the Game or other THREATIA product or service, each of your user names for those THREATIA games, products or services; and vii) a statement that you do not agree to the Arbitration Agreement or the Class Action Waiver. THREATIA may use the information in your Opt-Out Notice to record, process, maintain and administer your opt-out from the Arbitration Agreement or Class Action Waiver, but not for marketing purposes.
(iv) Effect of Successful Opt-Out Notice. If your Opt-Out Notice meets all of the above requirements, you and THREATIA will be deemed to have opted out of the Arbitration Agreement and Class Action Waiver under such Opt-Out Notice and in connection with this Agreement. The filing of a valid Opt-Out Notice will only apply to claims arising out of or relating to the Game or this Agreement that are identified in the notice itself and to claims arising between THREATIA and the person identified in the notice.
(v) Effects of an incorrect Opt-Out Notice. If you submit an Opt-Out Notice that does not comply with any of the requirements outlined in subparagraphs (i) through (iii) of paragraph (c) of Section 19(c), you and THREATIA will be bound by the Arbitration Agreement and the Class Action Waiver provided for in this Agreement.
20. GOVERNING LAW.
To the extent required by applicable law, all terms and provisions of this Agreement shall be governed by and construed under all applicable mandatory laws, even if inconsistent with the applicable law outlined in this clause 20, and in no event shall the application, interpretation or enforcement of the terms of this Agreement, under any jurisdictional law contemplated by this clause, exclude, limit or otherwise restrict any rights inferred to you, as a consumer, under any applicable consumer protection law. Your conduct shall also be governed by local, regional, national, and international laws. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to any dispute or claim to arise from this Agreement.
Any dispute arising between the parties out of or in connection with this Agreement shall be governed by this Agreement and the laws of the Kingdom of Spain, without giving effect to any principles of conflicts of laws that would allow the application of the law of another jurisdiction.
21. JURISDICTIONAL COMPETENCE.
Unless otherwise expressly provided herein, each Party consents and submits to the exclusive jurisdiction of the courts specified below and waives any objection on the grounds of jurisdiction, forum non-convenient, or similar backgrounds, and irrevocably consents to service of process by mail or otherwise. The law applicable to these Conditions is the Law of the Kingdom of Spain, and the courts of the city of Madrid (Spain) shall have exclusive jurisdiction.
22. THIRD-PARTY BENEFICIARIES. Any person or entity not a party to this Agreement shall have no right under any law to enforce the terms hereof, regardless of whether such person or entity is identified by name. The provisions of this clause shall not affect the rights of any transferee or assignee contemplated by this Agreement.
23. MISCELLANEOUS PROVISIONS. This Agreement contains the entire Agreement between you and THREATIA regarding your Game use. Suppose any provision of this Agreement shall be invalid or unenforceable. In that case, the remaining provisions of this Agreement shall remain in full force and effect for the remaining term of this Agreement, or as outlined in clause 6(d), except to the extent that such provision deprives the Agreement of its essential obligations. You may not assign this Agreement or any of your rights under this Agreement without the prior written consent of THREATIA. Any attempted assignment without such consent shall be void. Notwithstanding the preceding restriction, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by our respective successors and us and assigns. If THREATIA does not exercise or enforce any of its rights or any provision of this Agreement, this Agreement shall not be deemed a waiver by you of such right or provision. The headings of the clauses into which this Agreement is divided are for illustrative purposes only and shall have no legal or contractual effect.