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ANOTHER PATH STUDIOS END USER LICENSE
AGREEMENT
END USER LICENSE AGREEMENT
Last Updated: October 28, 2022
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR GAMES OR
SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS
INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT
ACCESS OR USE OUR GAMES OR SERVICES.
THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION (SECTION
19(a)) AND A CLASS ACTION WAIVER (SECTION 19(b)), WHICH DO NOT APPLY TO YOU IF
YOU RESIDE OUTSIDE THE UNITED STATES.
This End User License Agreement (this “Agreement”) is a contract between you
and either ANOTHER PATH STUDIOS (“ANOTHER PATH STUDIOS”), and applies to your access to, and use of, the
game in which this Agreement appears (or if posted online, the game referenced
above), including, without limitation, any multi-player, online, or
downloadable portions thereof and any related written or electronic
documentation or content (the “Game”). The Game is licensed, and not sold, and
this Agreement confers no title or ownership to the Game or any copy thereof.
This Agreement does not alter in any way the terms or conditions of any other
agreement you may have with ANOTHER PATH STUDIOS for other products or
services. Any changes, additions, or deletions by you are not acceptable, and
are hereby expressly rejected by ANOTHER PATH STUDIOS.
Additional terms provided by us (including, but not limited to, posted fees,
billing procedures, and promotion rules) may apply to particular
functionalities and features that are part of the Game. Unless otherwise
indicated, any additional applicable terms are incorporated by reference into
this Agreement. In the event of a conflict between this Agreement and any
additional terms, the additional terms shall govern with respect to such
particular functionalities and features.
1. CONTRACTING PARTY. The ANOTHER PATH STUDIOS entity with which you are entering
into a contractual relationship with ANOTHER PATH STUDIOS.
2. PRIVACY. Data collected through this Game is held by ANOTHER PATH STUDIOS in
Japan. For more information, please refer to APS’s Privacy Policy (which will
be shown after this Agreement) for information about how we collect, use, and
disclose such data.
3. PRECONDITIONS OF THE LICENSES. The licenses granted in this Agreement are
specifically conditioned upon the following and your full compliance with all
other terms and conditions set forth in this Agreement:
a) You have reached the age of majority in your jurisdiction. If you are under
the age of majority in your jurisdiction, your parent or legal guardian must
agree to be bound by this Agreement and any applicable additional terms;
b) You agree to and comply with all of the terms in this Agreement, and any
additional terms as may be applicable to the Game;
c) Your access and use of the Game is subject to certain security measures,
including, without limitation, registering the Game with a serial code, having
continuous access to the Internet, and accepting certain security/digital
rights management features. Failure to accept and fully-comply with such
security measures may partially or completely impair your use of the Game.
d) Your access and use of the Game is in accordance with all applicable local,
state, national, and foreign laws and regulations.
e) You access and use the Game only on local machines, running validly licensed
copies of operating systems on which the Game was designed to operate (the
“Hardware”);
f) You have accepted and are in compliance with all terms and conditions
applicable to the Hardware, including any terms of such platform regarding the
checkout process.
4. LIMITED USE LICENSE.
a) Subject to the terms of this Agreement and your compliance with these terms,
we grant you a nonexclusive, nontransferable, limited license to use the Game
for the term of the Agreement in your country of residence, on Hardware that
you own or exclusively control and solely as permitted by the applicable
platform usage rules or terms of use (if any). Any updates, supplements or
replacements to the original Game are governed by this Agreement unless
separate license terms accompany such update.
b) The preceding states the entirety of your rights with respect to the Game,
and we reserve all rights in and to the Game not expressly granted to you in
this Agreement. Without limiting the foregoing, you will not do, or authorize
or permit any third party to do, any of the following: (i) distribute, copy,
license, rent, or sell the Game (except as expressly permitted by this license
or the applicable platform usage rules); (ii) use the Game for any purpose
other than your own personal, noncommercial use; (iii) reverse engineer,
decompile, disassemble, or attempt to discover the source code for the Game;
(iv) modify, alter, or create any derivative works of the Game; (v) remove,
alter, or obscure any copyright, trademark, or other proprietary rights notice
on or in the Game; (vi) use the Game for purposes for which it is not designed;
(vii) use the Game on any Hardware that you do not own or exclusively control;
(viii) circumvent, or attempt to circumvent, any security measures in the Game;
or (ix) attempt to obscure or mask your region when accessing any online
features of the Game.
5. OWNERSHIP. The Game and all content (other than User Content, as defined
below) and other materials in the Game or available through the Game,
including, without limitation, the ANOTHER PATH STUDIOS logo, and all designs,
text, graphics, pictures, information, data, software, sound files, Game
Currency, Virtual Items, other files and the selection and arrangement thereof
are the property of ANOTHER PATH STUDIOS or its licensors and are protected by
copyright and other intellectual property laws and treaties. Notwithstanding
any provision to the contrary herein, you agree that you have no right or title
in or to any content that appears in the Game, including without limitation any
Game Currency and Virtual Items.
6. TERM.
a) Subject to your satisfaction of the preconditions set forth in Section 3,
this Agreement will remain in full force and effect while you use the Game.
Either party may terminate this Agreement with or without cause at any time
with reasonable prior notice. You may terminate this Agreement by deleting or
destroying all copies of the Game in your possession, custody, or control. ANOTHER
PATH STUDIOS shall not be liable to you or any third party for termination of
your use of the Game.
b) Without limiting any other rights of ANOTHER PATH STUDIOS, if you fail to
comply with the terms and conditions of this Agreement, ANOTHER PATH STUDIOS
retains the right to immediately limit, suspend, or terminate your license to
the Game.
c) Upon termination of this Agreement: (i) your license to the Game shall cease
immediately; and (ii) you will not be entitled to a refund of any fees,
including any unused fees, if any, except for Purchased Game Currency refunded
as required by applicable law.
d) Sections 4(b), 5, 6(d), 8, 11, 14-23 shall survive termination of this
Agreement.
7. AMENDMENTS. ANOTHER PATH STUDIOS reserves the right to change or modify this
Agreement at any time and for any reason at ANOTHER PATH STUDIOS’s sole
discretion. If ANOTHER PATH STUDIOS makes changes to this Agreement, we will
provide one month prior notice of such changes, such as by providing notice
through the Game. Your continued use of the Game after the effective date of
such changes will confirm your acceptance of the revised Agreement.
If you are a resident of Germany, in addition to the above terms in this
section, the following additional wording will apply to you:
ANOTHER PATH STUDIOS reserves the right to change or modify this Agreement at
any time, with the exception of the provisions determining the parties' primary
contractual obligations hereunder. The parties' primary contractual obligations
will not be changed in the manner described in this section. ANOTHER PATH
STUDIOS will inform you of any proposed modification of this Agreement, provide
you with the proposed new version of this Agreement and notify you of the date
when the new Agreement will be implemented. Any change is subject to a prior
written (e-mail sufficient) notice of six weeks. If you do not expressly refuse
the respective modification within six weeks from the date on which the new
Agreement is implemented, you are deemed to have approved the modification of
the Agreement. In the aforementioned notice of the proposed modification, ANOTHER
PATH STUDIOS will inform you expressly and specifically about the right to
object within the six week period and the consequences of not expressly
refusing the proposed modification.
8. MODIFICATION OF THE GAME. ANOTHER PATH STUDIOS reserves the right to modify
or discontinue, temporarily or permanently, the Game or any features or
portions thereof with prior reasonable notice and, in case of emergency or if
absolutely necessary, without prior notice. You agree that ANOTHER PATH STUDIOS
will not be liable for any modification, suspension, or discontinuance of the
Game or any part thereof.
9. IN-GAME CURRENCY AND VIRTUAL ITEMS.
a) ANOTHER PATH STUDIOS may offer you the ability to: (i) purchase a limited
license to use in-game currency (“Purchased Game Currency”); (ii) earn a
limited license to use in-game currency by performing specified tasks in the
Game (together with the Purchased Game Currency, (“Game Currency”); and/or
(iii) earn a limited license, and/or purchase a limited license with Game
Currency, to virtual goods and services made available by ANOTHER PATH STUDIOS
in the Game (“Virtual Items”). If ANOTHER PATH STUDIOS offers the ability to
purchase or earn such licenses, ANOTHER PATH STUDIOS shall grant you a
non-exclusive, non-transferable, revocable, limited right and license to use
such Game Currency or Virtual Items, as applicable, for your personal,
non-commercial use exclusively in the Game, subject to the terms of this
Agreement and your compliance therewith.
b) Game Currency may only be redeemed for Virtual Items for use in the Game and
neither Game Currency nor Virtual Items are redeemable for money, any thing of
monetary value, or for any monetary equivalent from ANOTHER PATH STUDIOS or any
other person or entity, except as otherwise required by applicable law. Game
Currency and Virtual Items do not have an equivalent value in real currency and
do not act as a substitute for real currency. Neither ANOTHER PATH STUDIOS nor
any other person or entity has any obligation to exchange Game Currency or
Virtual Items for anything of value, including, but not limited to, real
currency. You acknowledge and agree that ANOTHER PATH STUDIOS may engage in
actions that may impact the in-game attributes or perceived value of Game
Currency and/or Virtual Items at any time, except as prohibited by applicable
law. ANOTHER PATH STUDIOS, in its sole discretion, may impose limits on the
amount of Game Currency that may be purchased, earned, or redeemed.
c) All purchases of Purchased Game Currency are final and are not refundable,
transferable, or exchangeable under any circumstances, except as otherwise
required by applicable law. Except for the purchase price of Purchased Game
Currency and certain Virtual Items, ANOTHER PATH STUDIOS does not charge any
fees for the access, use, or non-use of Game Currency or Virtual Items.
d) You may not transfer, sell, gift, exchange, trade, lease, sublicense, or
rent Game Currency or Virtual Items except in the Game and as expressly
permitted by ANOTHER PATH STUDIOS. Except as otherwise agreed herein, ANOTHER
PATH STUDIOS reserves and retains all rights, title, and interest in and to the
Game Currency and Virtual Items.
e) The licenses granted hereunder to Game Currency and Virtual Items will terminate
upon termination of this Agreement in accordance with Section 6, except as
otherwise provided herein.
10. RIGHT OF WITHDRAWAL. If you are a resident of a member state of the
European Union, you have certain withdrawal rights for purchases of Game Currency
or Virtual Items made with real currency. However, you expressly waive your
withdrawal right once the performance of the service begins when your account
is provided access to the Game Currency or Virtual Items. You agree that: (i)
download of Game Currency or Virtual Items begins immediately after purchase;
and (ii) you lose your right of withdrawal once the purchase is complete.
11. USER CONTENT. By posting any communication, information, intellectual
property, material, messages, photos, graphics, videos, URLs, and other items
or content to the Game (“User Content”), to the extent permitted by applicable
local law, you hereby grant ANOTHER PATH STUDIOS a non-exclusive, royalty-free,
fully transferable and sub-licensable worldwide license for the whole duration
of the applicable legal protection of intellectual rights to use the User
Content in connection with the Game and related goods and services including
the rights to reproduce, copy, adapt, modify, perform, create derivative works
from, display, publish, broadcast, transmit, or otherwise use, distribute,
exploit and communicate to the public by any and all means and media whether
now known or hereafter devised without any further notice or compensation of
any kind to you. To the extent permitted by applicable law, you hereby waive
any moral rights of paternity, publication, reputation, or attribution with
respect to ANOTHER PATH STUDIOS’s and other players’ use and enjoyment of such
assets in connection with the Game and related goods and services under
applicable law. The license grant to ANOTHER PATH STUDIOS survives any
termination or revocation of this Agreement.
12. ONLINE CONDUCT. Unless through the intentional fault or gross negligence of
ANOTHER PATH STUDIOS, ANOTHER PATH STUDIOS is not responsible or liable for the
conduct of any users, whether or not such conduct relates to the access or use
of the Game. ANOTHER PATH STUDIOS may suspend or terminate your access to the
Game at any time if you violate the terms of this Section 12 or any other terms
and conditions of this Agreement. ANOTHER PATH STUDIOS may (for example in
response to a claim from a copyright owner) review any User Content that is
uploaded, published, stored, or displayed on the Game (hereinafter, “posted”)
provided that in the case of User Content shared as a part of any private
message within the Game, ANOTHER PATH STUDIOS will not screen or review such
content unless at least one party to the communication grants its consent (e.g.
by reporting the message to ANOTHER PATH STUDIOS as objectionable). ANOTHER
PATH STUDIOS reserves the right to delete or refuse to take online any User
Content. Although ANOTHER PATH STUDIOS does not regularly screen, edit, or
monitor any of the User Content posted on the Game, ANOTHER PATH STUDIOS
reserves the right, and has absolute discretion, to remove, screen, or edit any
User Content posted through the Game if ANOTHER PATH STUDIOS determines in its
reasonable discretion that such User Content violates this Agreement and/or any
third party right, applicable law, rule, or regulation. You may not use the
Game if you have previously been suspended or removed from the Game. You are
solely responsible for any User Content that you post or transmit to any users
or third parties. Specifically, you agree not to do, attempt to do, or cause
another to do any of the following in connection with the Game:
a) post any User Content that is unlawful, libelous, defamatory, offensive,
obscene, pornographic, indecent, vulgar, lewd, sexually explicit, harassing,
threatening, invasive of privacy or publicity rights, abusive, inflammatory, or
fraudulent; promotes or encourages any illegal or other antisocial activity,
including hacking; promotes racism, bigotry, hatred, or physical or other harm
of any kind against any group or individual or is otherwise objectionable;
b) post any User Content that may infringe any patent, trademark, trade secret,
copyright, or other intellectual or proprietary right of any person or entity;
c) engage in commercial activities or commercial sales, including transmission
of any commercial advertisements or solicitations;
d) enter, disclose or disseminate any personal information about anyone
(including you);
e) impersonate any person or entity, including any ANOTHER PATH STUDIOS
officials, forum leaders, guides, hosts, employees, or agents, or falsely state
or otherwise misrepresent your affiliation with a person or entity;
f) impede or disrupt the Game or the normal flow of Game play or dialogue or
use vulgar language, abusiveness, excessive shouting (e.g., ALL CANOTHER PATH
STUDIOS), “spamming,” or any other disruptive or detrimental methods that
disturb other users of the Game;
g) use or exploit any bugs, errors, or design flaws to obtain unauthorized
access to the Game, to gain an unfair advantage over other players, or to cheat
or utilize unauthorized exploits in connection with the Game, including but not
limited to accessing portions of the Game that you are not authorized to access
and using any bots, emulators, or other unauthorized third party tools;
h) do anything that interferes with the ability of other users to enjoy playing
the Game in accordance with its rules or that materially increases the expense
or difficulty of ANOTHER PATH STUDIOS or the platform provider in maintaining
the Game for the enjoyment of all its users.
i) intentionally disconnect from the network during online play or allow
yourself to be defeated by a given player repeatedly to help boost their
rankings or win counts in the Game.
j) trade, sell, auction, or otherwise transfer or attempt to transfer any
Virtual Items or Game Currency outside the Game;
k) otherwise violates the terms of this Agreement, other policies communicated
by ANOTHER PATH STUDIOS, or creates liability for ANOTHER PATH STUDIOS.
13. COPYRIGHT POLICY. Copyright owners or agents of copyright owners who
believe that anything in the Game infringes upon any copyright owned or
controlled by them, may submit a notification of such infringement with our
designated Copyright Agent as set forth below. The processing of your
notification can be expedited by providing the information and declarations set
out in 17 U.S.C. §512(c)(3). Compliance with this statute is not a prerequisite
for infringement notification except for copyright owners located in the United
States. Any person who knowingly misrepresents in a notification that the
material or activity is infringing, may be liable for any damages, including
costs and attorneys’ fees, incurred by us or the alleged infringer as the
result of our relying upon such misrepresentation in removing or disabling
access to the accused material or activity. ANOTHER PATH STUDIOS has adopted a
policy of terminating, in appropriate circumstances and at ANOTHER PATH STUDIOS’s
sole discretion, users who are repeat infringers of the intellectual property
rights of third parties. Provided however that, ANOTHER PATH STUDIOS also may
limit or terminate access to the Game of any users who infringe any
intellectual property rights of others, whether or not there is any repeat
infringement.
ANOTHER PATH STUDIOS
28750
San Agustín del Guadalix
Madrid
Spain
whataballwab@gmail.com
14. THIRD PARTY CONTENT. Content from any users, advertisers, and other third
parties may be made available to you through the Game. Because we do not
control third party content, you agree that unless due to intentional fault or
gross negligence of ANOTHER PATH STUDIOS, we are not responsible for any third
party content, make no guarantees about the accuracy or quality of the
information in third party content; and assume no responsibility for
unintended, objectionable, inaccurate, misleading, or unlawful third party
content. Reference to any products, services, processes or other information,
by trade name, trademark, manufacturer, supplier or otherwise does not
constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation
therewith, by ANOTHER PATH STUDIOS, except where expressly stated by ANOTHER
PATH STUDIOS.
15. DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT ANOTHER PATH STUDIOS AND ITS
LICENSORS AND SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY VIRUSES OR OTHER
DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE GAME OR ANY
INCOMPATIBILITY AMONG THE GAME, OTHER SERVICES, AND HARDWARE. THE GAME AND ALL
OTHER SERVICES ARE PROVIDED “AS IS.” EXCEPT AS MIGHT BE DESCRIBED HEREIN, ANOTHER
PATH STUDIOS AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES
OR CONDITIONS OF ANY KIND (EXPRESS OR IMPLIED AND ARISING BY LAW OR OTHERWISE)
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
Some jurisdictions do not allow the disclaimer of implied terms nor the
exclusion or limitation of warranties or guarantees in contracts with
consumers, so some or all of the disclaimers in this section may not apply to
you.
If you are a resident of Australia, in addition to the above terms in this
section, the following additional wording will apply to you:
This Section 15 does not intend to limit or reduce any mandatory or statutory
consumers’ rights or remedies that apply under the laws of your local
jurisdiction. To the extent permitted by law, the conditions and warranties
implied by the Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the
Australian Consumer Law) are entirely excluded from this Agreement, and to the
extent that they may not be excluded, you acknowledge that the liability of ANOTHER
PATH STUDIOS is limited to, and acknowledge that, it is fair and reasonable so
to limit ANOTHER PATH STUDIOS’S liability to:
(i) the supplying of the Game again; or
(ii) the payment of the cost of having the Game supplied again.
If you are a resident of Germany, in addition to the above terms in this
section, the following additional wording will apply to you:
To the extent any services are provided against a fee, the following applies: ANOTHER
PATH STUDIOS warrants that the Game will operate materially as specified in the
applicable documentation or product description. In the event of any defect, ANOTHER
PATH STUDIOS will provide subsequent performance by either removing the defect
(e.g. by providing a patch) or providing a new version of the service that does
not have the defect, within a reasonable time period allowing for at least
three attempts at subsequent performance. If subsequent performance definitely
fails, you may exercise your other statutory rights, provided however that ANOTHER
PATH STUDIOS’s no-fault liability for initial defects under sec. 536a para 1.
of the German Civil Code is excluded in any event.
16. INTERNET. YOU ACKNOWLEDGE AND AGREE THAT ANOTHER PATH STUDIOS IS NOT
RESPONSIBLE OR LIABLE FOR ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING,
CONDUCTING, OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH
THE GAME IN AN ACCURATE OR TIMELY MANNER. Further, ANOTHER PATH STUDIOS cannot
and does not promise or ensure that you will be able to access the online,
multi-player, or downloadable portions of the Game whenever you want, and there
may be extended periods of time when you cannot access such portions of the
Game. ANOTHER PATH STUDIOS does not ensure continuous, error-free, secure, or
virus-free operation of any online, multi-player, or downloadable portions of
the Game or continued operation or availability of any given server.
17. LIMITATION ON LIABILITY. EXCEPT FOR (1) DEATH OR PERSONAL INJURY CAUSED BY ANOTHER
PATH STUDIOS’S NEGLIGENCE, (2) FRAUD OR FRAUDULENT MISREPRESENTATION BY ANOTHER
PATH STUDIOS, (3) INTENTIONAL ACTS OR GROSS NEGLIGENCE OF ANOTHER PATH STUDIOS,
(4) LOSS OR DESTRUCTION OF TANGIBLE PERSONAL PROPERTY CAUSED BY THE USE OF THE
GAME, AND (5) ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY
APPLICABLE LAW, IN NO EVENT SHALL ANOTHER PATH STUDIOS OR ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND OTHER PARTNERS AND SUPPLIERS BE
LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY
OTHER DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF 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 OR THE
CONTENT CONTAINED IN OR ACCESSED THROUGH THE GAME OR THE FAILURE TO PROVIDE
SUPPORT SERVICES. IN THE EVENT OF SLIGHT OR ORDINARY NEGLIGENCE, OR BREACH OF ANOTHER
PATH STUDIOS’S ESSENTIAL OBLIGATIONS UNDER THIS AGREEMENT, ANOTHER PATH STUDIOS’S
LIABILITY SHALL BE LIMITED TO DIRECT AND FORESEEABLE DAMAGES SUFFERED BY YOU.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANOTHER PATH STUDIOS, WHETHER IN
CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY, INTELLECTUAL
PROPERTY INFRINGEMENT OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF
OR INABILITY TO USE THE GAME OR TO THESE TERMS EXCEED ONE HUNDRED DOLLARS ($100)
OR, IF HIGHER, THE AMOUNT PAID BY YOU TO ANOTHER PATH STUDIOS FOR YOUR USE OF
THE GAME. THIS SECTION 17 DOES NOT LIMIT ANY MANDATORY OR STATUTORY GUARANTEES
THAT CANNOT BE LIMITED BY CONTRACT UNDER THE LAWS OF YOUR LOCAL JURISDICTION.
18. DISPUTE RESOLUTION.
THIS SECTION 18 APPLIES TO YOU ONLY IF YOU RESIDE IN NORTH, CENTRAL, AND SOUTH
AMERICA, OTHER THAN THE UNITED STATES.
If you are a resident of any nation of the Americas, other than the United
States of America, either you or APS may refer any dispute relating to or
arising from this Agreement or the Game to alternative dispute resolution (such
as conciliation or arbitration) with the prior written consent of the other
party. Notwithstanding the foregoing, the terms of this Agreement will not
prevent you from bringing any dispute or claim that may be subject to this
Section 18: (i) to the attention of any federal, state, or local government
agencies that can, if the law allows, seek relief from APS on your behalf; (ii)
bringing against APS, in any court of competent jurisdiction, any claim that is
not arbitrable or for which arbitration is prohibited or restricted by
applicable law; or (iii) from bringing any claim before a small claims court,
subject to the jurisdictional limitations and requirements of such small claims
court.
19. DISPUTE RESOLUTION.
THIS SECTION 19 APPLIES TO YOU ONLY IF YOU RESIDE IN THE UNITED STATES.
If you are a resident of the United States of America, by accepting the terms
of this Agreement, you and APS: (i) agree to resolve certain disputes through
mandatory binding arbitration, as set forth in Section 19(a), and each subpart
thereof (collectively, the “Arbitration Agreement”); and (ii) expressly waive
the right to a trial by jury or to participate in any class action brought
against the other party, pursuant to Section 19(b) (the “Class Action Waiver”);
unless (iii) you exercise your right to opt out of the Arbitration Agreement
and/or the Class Action Waiver, as set forth in Section 19(c).
a) MANDATORY, BINDING ARBITRATION. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, YOU AND APS: (i) ACKNOWLEDGE AND AGREE TO RESOLVE ALL DISPUTES
AND CLAIMS BETWEEN YOU AND APS THROUGH BINDING ARBITRATION, PURSUANT TO THE
FEDERAL ARBITRATION ACT, INCLUDING WITHOUT LIMITATION (EXCEPT AS EXPRESSLY SET
FORTH IN SECTION 19.a.iii) ANY DISPUTES OR CLAIMS BASED ON LEGAL THEORIES OF
BREACH OF CONTRACT, TORTIOUS INJURY, STATUTORY VIOLATIONS, FRAUD, UNFAIR
COMPETITION, RIGHTS OF PRIVACY, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY,
THAT MAY ARISE OUT OF OR RELATE TO ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU
AND APS, ANY TERM OR PROVISION OF THIS AGREEMENT, OR YOUR ACCESS TO OR USE OF
THE GAME (EACH, A “CLAIM”); (ii) EXPRESSLY AND IRREVOCABLY WAIVE ANY RIGHT TO
PURSUE ANY CLAIMS IN COURT OR TO HAVE ANY CLAIMS HEARD OR TRIED BEFORE A JUDGE
OR JURY; (iii) SHALL NOT BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE
ARBITRATION AGAINST THE OTHER PARTY, EVEN IF OTHERWISE PERMITTED BY THE FEDERAL
ARBITRATION ACT; AND (iv) SHALL NOT SEEK TO CONSOLIDATE OR COMBINE ANY
ARBITRATION OF ANY CLAIM BY YOU OR APS WITH ANY ACTION OR ARBITRATION BROUGHT
BY OR AGAINST ANY THIRD PARTY, WITHOUT THE EXPRESS WRITTEN CONSENT OF EACH SUCH
THIRD PARTY AND BOTH PARTIES TO THIS AGREEMENT. UNLESS YOU SUBMIT A PROPER OPT
OUT NOTICE (IN STRICT COMPLIANCE WITH SECTION 19(c)), YOU AND APS AGREE THAT
ANY CLAIMS AGAINST THE OTHER PARTY WILL ONLY BE CONDUCTED THROUGH MANDATORY,
BINDING ARBITRATION.
i) Pre-Arbitration Informal Dispute Resolution. Prior to initiating arbitration
of any Claim subject to this Arbitration Agreement, you and APS agree to make
reasonable, good faith efforts to informally resolve any dispute or Claim
between you and APS. The party seeking to raise such dispute or Claim shall
send to the other party a written notice describing the nature and basis of
such dispute or Claim and identifying the relief sought. All such written
notices to APS must be sent via first class mail to: ANOTHER PATH STUDIOS .,
Attn: Legal & Business Affairs Department, San Agustín del Guadalix, Madrid,
28750, Spain. If you and ANOTHER PATH STUDIOS do not agree to resolve such
dispute or Claim within 30 days after such written notice is received, the
party seeking to raise such dispute or Claim may initiate an arbitration action
against the other, as permitted by the Arbitration Agreement, above.
ii) Arbitration Procedure. Arbitration is a legally-binding process, through
which a party may seek legal remedies from or against another party, similar to
a legal action brought before a court, but that generally imposes fewer strict
procedural formalities, is held before a third party, neutral arbitrator
(instead of before a judge or jury), provides for more limited discovery and
potentially reduced legal fees for each party, and is subject to limited review
by courts. The procedure for arbitration of any Claim under this Arbitration
Agreement will be governed by the Commercial Arbitration Rules of the American
Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary
Procedures for Consumer Related Disputes, both of which are available at: http://www.adr.org.
Notwithstanding the foregoing, you and APS agree that any such arbitration will
be conducted in English, and permit the electronic submission of documents and
allow participation by phone or by teleconference, or in person, at a mutually
agreed location.
iii) Excluded Claims. Notwithstanding the foregoing, the terms of this
Arbitration Agreement will not prevent you or APS from bringing any Claim: (i)
to the attention of any federal, state, or local government agencies with the
governmental authority and competent jurisdiction to seek relief on your or APS’s
behalf, from the other party; or (ii) before a small claims court, subject to
the jurisdictional limitations and requirements of such small claims court.
iv) Severability of Arbitration Agreement. You and APS agree that, no provision
of this Arbitration Agreement shall be enforceable against you or APS and all
Claims shall be governed by Sections 20(a) and 21(a), below, in the event
either: (i) a court of competent jurisdiction conclusively determines that any
term or provision of this Arbitration Agreement is unenforceable, prohibited by
applicable law, or inapplicable to any Claim; or (ii) you submit a proper Opt
Out Notice (in compliance with Section 19(c)), wherein you have expressed your
election to opt out of this Arbitration Agreement.
b) CLASS ACTION WAIVER. IF YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA,
BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU AND APS HEREBY AGREE: (i) THAT
EACH CLAIM IS PERSONAL TO YOU AND APS, AND SHALL ONLY BE CONDUCTED AS AN
INDIVIDUAL ARBITRATION (OR AN INDIVIDUAL COURT PROCEEDING, WITH RESPECT TO
CLAIMS EXCLUDED FROM THE ARBITRATION AGREEMENT, PURSUANT TO SECTION 19.a.iii)
AND NOT AS A CLASS ACTION OR OTHER FORM OF REPRESENTATIVE ACTION; (ii)
EXPRESSLY WAIVE ANY RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION OR SEEK RELIEF
ON A CLASS OR REPRESENTATIVE BASIS; AND (iii) THE ARBITRATOR (OR COURT, WITH
RESPECT TO CLAIMS EXCLUDED FROM THE ARBITRATION AGREEMENT, PURSUANT TO SECTION
19.a.iii) MAY ONLY CONDUCT AN INDIVIDUAL ARBITRATION (OR COURT ACTION, WITH
RESPECT TO CLAIMS EXCLUDED FROM THE ARBITRATION AGREEMENT, PURSUANT TO SECTION
19.a.iii), MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL’S CLAIMS, AND MAY NOT
PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING RELATING TO SUCH
CLAIMS. UNLESS YOU SUBMIT A PROPER OPT OUT NOTICE (AS DESCRIBED IN SECTION
19(c)), YOU AND APS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN
YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
i) Severability of Class Action Waiver. You and APS agree that, no provision of
this Class Action Waiver shall be enforceable against you or APS and all Claims
shall be governed by Sections 20(a) and 21(a), below, in the event either: (i)
a court of competent jurisdiction conclusively determines that any term or
provision of this Class Action Waiver is unenforceable, prohibited by
applicable law, or inapplicable to any Claim; or (ii) you submit a proper Opt
Out Notice (in compliance with Section 19(c)), wherein you have elected to opt
out of this Class Action Waiver. In no event may the severance of the Class
Action Waiver be interpreted or deemed to constitute consent by you or APS to
participate in a class action or class arbitration.
c) OPT OUT PROCEDURE. You have the right to opt out and not be bound by the
foregoing Arbitration Agreement and Class Action Waiver, by sending a written
notice of your election to opt out from such Arbitration Agreement and/or Class
Action Waiver (the “Opt Out Notice”), in strict compliance with the following
requirements of Sections 19.c.i – 19.c.iii:
i) Form & Address. Your Opt Out Notice must be sent to the following
address: ANOTHER PATH STUDIOS Entertainment America Inc., ATTN: Legal &
Business Affairs, San Agustín del Guadalix., Madrid, 28750, Spain, and either
by: (i) first class mail, postage prepaid, certified and return receipt
requested; or (ii) overnight courier service (such as Federal Express).
ii) Time Limitations. Unless a longer period is required by applicable law,
your Opt Out Notice must be postmarked (if sent by first class mail) or
deposited (if sent by overnight courier service) within: (i) 30 days of your
purchase of your copy of the Game; or (ii) if no purchase was made, then within
30 days of the date on which 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 is intended to apply; (ii) your
first and last name; (iii) your address; (iv) your phone number; (v) your email
address; (vi) if you are a registered user of the Game or any other APS product
or service, each of your usernames for the Game and such other APS products and
services; and (vii) a statement that you do not agree to the Arbitration
Agreement and/or to the Class Action Waiver. APS may use the foregoing
information included in the Opt Out Notice to record, process, maintain, and
administer your opting out of the Arbitration Agreement and/or Class Action
Waiver, as applicable, but not for marketing purposes.
iv) Effects of Proper Opt Out Notice. If your Opt Out Notice meets all of the
above requirements, you and APS will be deemed to have opted out of the
Arbitration Agreement and/or Class Action Waiver, subject to your statement in
such Opt Out Notice, with respect to this Agreement. Submission of a valid Opt
Out Notice applies only to Claims arising from or relating to the Game and
Agreement identified therein, as between APS and the individual identified in
such Opt Out Notice.
v) Effects of Improper Opt Out Notice. If you submit an Opt Out Notice that
fails to meet any of the requirements set forth in Sections 19.c.i – 19.c.iii,
you and APS will be bound by the Arbitration Agreement and Class Action Waiver
set forth in this Agreement.
20. GOVERNING LAW.
To the extent required by applicable law, all terms and provisions of this
Agreement shall be governed and construed in accordance with all applicable
mandatory laws, even if inconsistent with the governing law set forth in this
Section 20 and in no event shall the application, interpretation, or
enforcement of the terms of this Agreement, under any jurisdictional law
contemplated by this Section 20 exclude, limit, or otherwise restrict any
rights vested with you, as a consumer, under any applicable consumer protection
laws. Please note that your conduct may also be subject to other local, state,
national, and international laws. The parties agree that the UN Convention on
Contracts for the International Sale of Goods shall not apply to any dispute or
transaction arising out of this Agreement.
a) If you reside in North, Central, or South America:
The laws of the State of California, excluding its conflicts-of-law rules,
govern the application, interpretation, or enforcement of the terms of this
Agreement and your use of the Game.
b) If you reside in Asia:
Any dispute between the parties arising from or relating to this Agreement will
be governed by this Agreement and the laws of Japan, without giving effect to
any conflict of laws principles that may provide for the application of the law
of another jurisdiction.
c) If you reside in any other location:
Any dispute between the parties arising from or relating to this Agreement,
will be governed by this Agreement and the laws of France, without giving
effect to any conflict of laws principles that may provide for the application
of the law of another jurisdiction.
21. VENUE.
a) If you reside in North, Central, or South America:
You and APS expressly agree that, for all claims and disputes arising out of or
relating to this Agreement and/or your use of the Game that are not subject to
the Arbitration Agreement in Section 19, above, exclusive jurisdiction for any
such claim or action shall be the federal or state courts that govern Santa Clara
County, California, and you expressly consent to the exercise of personal
jurisdiction of such courts.
b) If you reside in Asia:
Any dispute between the parties arising from or relating to this Agreement
shall be decided by the Tokyo District Court, and you and APS agree to submit
to the exclusive jurisdiction of that court.
c) If you reside in any other location:
Any dispute between the parties arising from or relating to this Agreement
shall be decided by the Commercial Court of Lyon, and you and APS agree to
submit to the personal jurisdiction of that court.
22. THIRD-PARTY BENEFICIARIES. Any person or entity who is not a party to this
Agreement shall have no rights under any law to enforce any terms of this
Agreement, regardless of whether such person or entity has been identified by
name. Nothing in this section shall affect the rights of any permitted assignee
or transferee of this Agreement.
23. MISCELLANEOUS. This Agreement contains the entire agreement between you and
ANOTHER PATH STUDIOS regarding the use of the Game. If any provision of this
Agreement is held invalid or unenforceable, the remainder of this Agreement
shall continue in full force and effect for the remainder of the term, or as
otherwise set forth in Section 6(d), except if such provision deprives the
Agreement from its essential obligations. You may not assign this Agreement or
any of its rights under this Agreement without the prior written consent of ANOTHER
PATH STUDIOS, and any attempted assignment without such consent shall be void.
Subject to the foregoing restriction, this Agreement will be fully binding
upon, inure to the benefit of, and be enforceable by us and our respective
successors and assigns. The failure of ANOTHER PATH STUDIOS to exercise or
enforce any right or provision of this Agreement shall not operate as a waiver
of such right or provision. The section titles in this Agreement are for
convenience only and have no legal or contractual effect.
To contact APS, please follow the process described on our support page located
at:
whataballwab@gmail.com
AGREEMENT
END USER LICENSE AGREEMENT
Last Updated: October 28, 2022
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR GAMES OR
SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS
INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT
ACCESS OR USE OUR GAMES OR SERVICES.
THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION (SECTION
19(a)) AND A CLASS ACTION WAIVER (SECTION 19(b)), WHICH DO NOT APPLY TO YOU IF
YOU RESIDE OUTSIDE THE UNITED STATES.
This End User License Agreement (this “Agreement”) is a contract between you
and either ANOTHER PATH STUDIOS (“ANOTHER PATH STUDIOS”), and applies to your access to, and use of, the
game in which this Agreement appears (or if posted online, the game referenced
above), including, without limitation, any multi-player, online, or
downloadable portions thereof and any related written or electronic
documentation or content (the “Game”). The Game is licensed, and not sold, and
this Agreement confers no title or ownership to the Game or any copy thereof.
This Agreement does not alter in any way the terms or conditions of any other
agreement you may have with ANOTHER PATH STUDIOS for other products or
services. Any changes, additions, or deletions by you are not acceptable, and
are hereby expressly rejected by ANOTHER PATH STUDIOS.
Additional terms provided by us (including, but not limited to, posted fees,
billing procedures, and promotion rules) may apply to particular
functionalities and features that are part of the Game. Unless otherwise
indicated, any additional applicable terms are incorporated by reference into
this Agreement. In the event of a conflict between this Agreement and any
additional terms, the additional terms shall govern with respect to such
particular functionalities and features.
1. CONTRACTING PARTY. The ANOTHER PATH STUDIOS entity with which you are entering
into a contractual relationship with ANOTHER PATH STUDIOS.
2. PRIVACY. Data collected through this Game is held by ANOTHER PATH STUDIOS in
Japan. For more information, please refer to APS’s Privacy Policy (which will
be shown after this Agreement) for information about how we collect, use, and
disclose such data.
3. PRECONDITIONS OF THE LICENSES. The licenses granted in this Agreement are
specifically conditioned upon the following and your full compliance with all
other terms and conditions set forth in this Agreement:
a) You have reached the age of majority in your jurisdiction. If you are under
the age of majority in your jurisdiction, your parent or legal guardian must
agree to be bound by this Agreement and any applicable additional terms;
b) You agree to and comply with all of the terms in this Agreement, and any
additional terms as may be applicable to the Game;
c) Your access and use of the Game is subject to certain security measures,
including, without limitation, registering the Game with a serial code, having
continuous access to the Internet, and accepting certain security/digital
rights management features. Failure to accept and fully-comply with such
security measures may partially or completely impair your use of the Game.
d) Your access and use of the Game is in accordance with all applicable local,
state, national, and foreign laws and regulations.
e) You access and use the Game only on local machines, running validly licensed
copies of operating systems on which the Game was designed to operate (the
“Hardware”);
f) You have accepted and are in compliance with all terms and conditions
applicable to the Hardware, including any terms of such platform regarding the
checkout process.
4. LIMITED USE LICENSE.
a) Subject to the terms of this Agreement and your compliance with these terms,
we grant you a nonexclusive, nontransferable, limited license to use the Game
for the term of the Agreement in your country of residence, on Hardware that
you own or exclusively control and solely as permitted by the applicable
platform usage rules or terms of use (if any). Any updates, supplements or
replacements to the original Game are governed by this Agreement unless
separate license terms accompany such update.
b) The preceding states the entirety of your rights with respect to the Game,
and we reserve all rights in and to the Game not expressly granted to you in
this Agreement. Without limiting the foregoing, you will not do, or authorize
or permit any third party to do, any of the following: (i) distribute, copy,
license, rent, or sell the Game (except as expressly permitted by this license
or the applicable platform usage rules); (ii) use the Game for any purpose
other than your own personal, noncommercial use; (iii) reverse engineer,
decompile, disassemble, or attempt to discover the source code for the Game;
(iv) modify, alter, or create any derivative works of the Game; (v) remove,
alter, or obscure any copyright, trademark, or other proprietary rights notice
on or in the Game; (vi) use the Game for purposes for which it is not designed;
(vii) use the Game on any Hardware that you do not own or exclusively control;
(viii) circumvent, or attempt to circumvent, any security measures in the Game;
or (ix) attempt to obscure or mask your region when accessing any online
features of the Game.
5. OWNERSHIP. The Game and all content (other than User Content, as defined
below) and other materials in the Game or available through the Game,
including, without limitation, the ANOTHER PATH STUDIOS logo, and all designs,
text, graphics, pictures, information, data, software, sound files, Game
Currency, Virtual Items, other files and the selection and arrangement thereof
are the property of ANOTHER PATH STUDIOS or its licensors and are protected by
copyright and other intellectual property laws and treaties. Notwithstanding
any provision to the contrary herein, you agree that you have no right or title
in or to any content that appears in the Game, including without limitation any
Game Currency and Virtual Items.
6. TERM.
a) Subject to your satisfaction of the preconditions set forth in Section 3,
this Agreement will remain in full force and effect while you use the Game.
Either party may terminate this Agreement with or without cause at any time
with reasonable prior notice. You may terminate this Agreement by deleting or
destroying all copies of the Game in your possession, custody, or control. ANOTHER
PATH STUDIOS shall not be liable to you or any third party for termination of
your use of the Game.
b) Without limiting any other rights of ANOTHER PATH STUDIOS, if you fail to
comply with the terms and conditions of this Agreement, ANOTHER PATH STUDIOS
retains the right to immediately limit, suspend, or terminate your license to
the Game.
c) Upon termination of this Agreement: (i) your license to the Game shall cease
immediately; and (ii) you will not be entitled to a refund of any fees,
including any unused fees, if any, except for Purchased Game Currency refunded
as required by applicable law.
d) Sections 4(b), 5, 6(d), 8, 11, 14-23 shall survive termination of this
Agreement.
7. AMENDMENTS. ANOTHER PATH STUDIOS reserves the right to change or modify this
Agreement at any time and for any reason at ANOTHER PATH STUDIOS’s sole
discretion. If ANOTHER PATH STUDIOS makes changes to this Agreement, we will
provide one month prior notice of such changes, such as by providing notice
through the Game. Your continued use of the Game after the effective date of
such changes will confirm your acceptance of the revised Agreement.
If you are a resident of Germany, in addition to the above terms in this
section, the following additional wording will apply to you:
ANOTHER PATH STUDIOS reserves the right to change or modify this Agreement at
any time, with the exception of the provisions determining the parties' primary
contractual obligations hereunder. The parties' primary contractual obligations
will not be changed in the manner described in this section. ANOTHER PATH
STUDIOS will inform you of any proposed modification of this Agreement, provide
you with the proposed new version of this Agreement and notify you of the date
when the new Agreement will be implemented. Any change is subject to a prior
written (e-mail sufficient) notice of six weeks. If you do not expressly refuse
the respective modification within six weeks from the date on which the new
Agreement is implemented, you are deemed to have approved the modification of
the Agreement. In the aforementioned notice of the proposed modification, ANOTHER
PATH STUDIOS will inform you expressly and specifically about the right to
object within the six week period and the consequences of not expressly
refusing the proposed modification.
8. MODIFICATION OF THE GAME. ANOTHER PATH STUDIOS reserves the right to modify
or discontinue, temporarily or permanently, the Game or any features or
portions thereof with prior reasonable notice and, in case of emergency or if
absolutely necessary, without prior notice. You agree that ANOTHER PATH STUDIOS
will not be liable for any modification, suspension, or discontinuance of the
Game or any part thereof.
9. IN-GAME CURRENCY AND VIRTUAL ITEMS.
a) ANOTHER PATH STUDIOS may offer you the ability to: (i) purchase a limited
license to use in-game currency (“Purchased Game Currency”); (ii) earn a
limited license to use in-game currency by performing specified tasks in the
Game (together with the Purchased Game Currency, (“Game Currency”); and/or
(iii) earn a limited license, and/or purchase a limited license with Game
Currency, to virtual goods and services made available by ANOTHER PATH STUDIOS
in the Game (“Virtual Items”). If ANOTHER PATH STUDIOS offers the ability to
purchase or earn such licenses, ANOTHER PATH STUDIOS shall grant you a
non-exclusive, non-transferable, revocable, limited right and license to use
such Game Currency or Virtual Items, as applicable, for your personal,
non-commercial use exclusively in the Game, subject to the terms of this
Agreement and your compliance therewith.
b) Game Currency may only be redeemed for Virtual Items for use in the Game and
neither Game Currency nor Virtual Items are redeemable for money, any thing of
monetary value, or for any monetary equivalent from ANOTHER PATH STUDIOS or any
other person or entity, except as otherwise required by applicable law. Game
Currency and Virtual Items do not have an equivalent value in real currency and
do not act as a substitute for real currency. Neither ANOTHER PATH STUDIOS nor
any other person or entity has any obligation to exchange Game Currency or
Virtual Items for anything of value, including, but not limited to, real
currency. You acknowledge and agree that ANOTHER PATH STUDIOS may engage in
actions that may impact the in-game attributes or perceived value of Game
Currency and/or Virtual Items at any time, except as prohibited by applicable
law. ANOTHER PATH STUDIOS, in its sole discretion, may impose limits on the
amount of Game Currency that may be purchased, earned, or redeemed.
c) All purchases of Purchased Game Currency are final and are not refundable,
transferable, or exchangeable under any circumstances, except as otherwise
required by applicable law. Except for the purchase price of Purchased Game
Currency and certain Virtual Items, ANOTHER PATH STUDIOS does not charge any
fees for the access, use, or non-use of Game Currency or Virtual Items.
d) You may not transfer, sell, gift, exchange, trade, lease, sublicense, or
rent Game Currency or Virtual Items except in the Game and as expressly
permitted by ANOTHER PATH STUDIOS. Except as otherwise agreed herein, ANOTHER
PATH STUDIOS reserves and retains all rights, title, and interest in and to the
Game Currency and Virtual Items.
e) The licenses granted hereunder to Game Currency and Virtual Items will terminate
upon termination of this Agreement in accordance with Section 6, except as
otherwise provided herein.
10. RIGHT OF WITHDRAWAL. If you are a resident of a member state of the
European Union, you have certain withdrawal rights for purchases of Game Currency
or Virtual Items made with real currency. However, you expressly waive your
withdrawal right once the performance of the service begins when your account
is provided access to the Game Currency or Virtual Items. You agree that: (i)
download of Game Currency or Virtual Items begins immediately after purchase;
and (ii) you lose your right of withdrawal once the purchase is complete.
11. USER CONTENT. By posting any communication, information, intellectual
property, material, messages, photos, graphics, videos, URLs, and other items
or content to the Game (“User Content”), to the extent permitted by applicable
local law, you hereby grant ANOTHER PATH STUDIOS a non-exclusive, royalty-free,
fully transferable and sub-licensable worldwide license for the whole duration
of the applicable legal protection of intellectual rights to use the User
Content in connection with the Game and related goods and services including
the rights to reproduce, copy, adapt, modify, perform, create derivative works
from, display, publish, broadcast, transmit, or otherwise use, distribute,
exploit and communicate to the public by any and all means and media whether
now known or hereafter devised without any further notice or compensation of
any kind to you. To the extent permitted by applicable law, you hereby waive
any moral rights of paternity, publication, reputation, or attribution with
respect to ANOTHER PATH STUDIOS’s and other players’ use and enjoyment of such
assets in connection with the Game and related goods and services under
applicable law. The license grant to ANOTHER PATH STUDIOS survives any
termination or revocation of this Agreement.
12. ONLINE CONDUCT. Unless through the intentional fault or gross negligence of
ANOTHER PATH STUDIOS, ANOTHER PATH STUDIOS is not responsible or liable for the
conduct of any users, whether or not such conduct relates to the access or use
of the Game. ANOTHER PATH STUDIOS may suspend or terminate your access to the
Game at any time if you violate the terms of this Section 12 or any other terms
and conditions of this Agreement. ANOTHER PATH STUDIOS may (for example in
response to a claim from a copyright owner) review any User Content that is
uploaded, published, stored, or displayed on the Game (hereinafter, “posted”)
provided that in the case of User Content shared as a part of any private
message within the Game, ANOTHER PATH STUDIOS will not screen or review such
content unless at least one party to the communication grants its consent (e.g.
by reporting the message to ANOTHER PATH STUDIOS as objectionable). ANOTHER
PATH STUDIOS reserves the right to delete or refuse to take online any User
Content. Although ANOTHER PATH STUDIOS does not regularly screen, edit, or
monitor any of the User Content posted on the Game, ANOTHER PATH STUDIOS
reserves the right, and has absolute discretion, to remove, screen, or edit any
User Content posted through the Game if ANOTHER PATH STUDIOS determines in its
reasonable discretion that such User Content violates this Agreement and/or any
third party right, applicable law, rule, or regulation. You may not use the
Game if you have previously been suspended or removed from the Game. You are
solely responsible for any User Content that you post or transmit to any users
or third parties. Specifically, you agree not to do, attempt to do, or cause
another to do any of the following in connection with the Game:
a) post any User Content that is unlawful, libelous, defamatory, offensive,
obscene, pornographic, indecent, vulgar, lewd, sexually explicit, harassing,
threatening, invasive of privacy or publicity rights, abusive, inflammatory, or
fraudulent; promotes or encourages any illegal or other antisocial activity,
including hacking; promotes racism, bigotry, hatred, or physical or other harm
of any kind against any group or individual or is otherwise objectionable;
b) post any User Content that may infringe any patent, trademark, trade secret,
copyright, or other intellectual or proprietary right of any person or entity;
c) engage in commercial activities or commercial sales, including transmission
of any commercial advertisements or solicitations;
d) enter, disclose or disseminate any personal information about anyone
(including you);
e) impersonate any person or entity, including any ANOTHER PATH STUDIOS
officials, forum leaders, guides, hosts, employees, or agents, or falsely state
or otherwise misrepresent your affiliation with a person or entity;
f) impede or disrupt the Game or the normal flow of Game play or dialogue or
use vulgar language, abusiveness, excessive shouting (e.g., ALL CANOTHER PATH
STUDIOS), “spamming,” or any other disruptive or detrimental methods that
disturb other users of the Game;
g) use or exploit any bugs, errors, or design flaws to obtain unauthorized
access to the Game, to gain an unfair advantage over other players, or to cheat
or utilize unauthorized exploits in connection with the Game, including but not
limited to accessing portions of the Game that you are not authorized to access
and using any bots, emulators, or other unauthorized third party tools;
h) do anything that interferes with the ability of other users to enjoy playing
the Game in accordance with its rules or that materially increases the expense
or difficulty of ANOTHER PATH STUDIOS or the platform provider in maintaining
the Game for the enjoyment of all its users.
i) intentionally disconnect from the network during online play or allow
yourself to be defeated by a given player repeatedly to help boost their
rankings or win counts in the Game.
j) trade, sell, auction, or otherwise transfer or attempt to transfer any
Virtual Items or Game Currency outside the Game;
k) otherwise violates the terms of this Agreement, other policies communicated
by ANOTHER PATH STUDIOS, or creates liability for ANOTHER PATH STUDIOS.
13. COPYRIGHT POLICY. Copyright owners or agents of copyright owners who
believe that anything in the Game infringes upon any copyright owned or
controlled by them, may submit a notification of such infringement with our
designated Copyright Agent as set forth below. The processing of your
notification can be expedited by providing the information and declarations set
out in 17 U.S.C. §512(c)(3). Compliance with this statute is not a prerequisite
for infringement notification except for copyright owners located in the United
States. Any person who knowingly misrepresents in a notification that the
material or activity is infringing, may be liable for any damages, including
costs and attorneys’ fees, incurred by us or the alleged infringer as the
result of our relying upon such misrepresentation in removing or disabling
access to the accused material or activity. ANOTHER PATH STUDIOS has adopted a
policy of terminating, in appropriate circumstances and at ANOTHER PATH STUDIOS’s
sole discretion, users who are repeat infringers of the intellectual property
rights of third parties. Provided however that, ANOTHER PATH STUDIOS also may
limit or terminate access to the Game of any users who infringe any
intellectual property rights of others, whether or not there is any repeat
infringement.
ANOTHER PATH STUDIOS
28750
San Agustín del Guadalix
Madrid
Spain
whataballwab@gmail.com
14. THIRD PARTY CONTENT. Content from any users, advertisers, and other third
parties may be made available to you through the Game. Because we do not
control third party content, you agree that unless due to intentional fault or
gross negligence of ANOTHER PATH STUDIOS, we are not responsible for any third
party content, make no guarantees about the accuracy or quality of the
information in third party content; and assume no responsibility for
unintended, objectionable, inaccurate, misleading, or unlawful third party
content. Reference to any products, services, processes or other information,
by trade name, trademark, manufacturer, supplier or otherwise does not
constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation
therewith, by ANOTHER PATH STUDIOS, except where expressly stated by ANOTHER
PATH STUDIOS.
15. DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT ANOTHER PATH STUDIOS AND ITS
LICENSORS AND SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY VIRUSES OR OTHER
DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE GAME OR ANY
INCOMPATIBILITY AMONG THE GAME, OTHER SERVICES, AND HARDWARE. THE GAME AND ALL
OTHER SERVICES ARE PROVIDED “AS IS.” EXCEPT AS MIGHT BE DESCRIBED HEREIN, ANOTHER
PATH STUDIOS AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES
OR CONDITIONS OF ANY KIND (EXPRESS OR IMPLIED AND ARISING BY LAW OR OTHERWISE)
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
Some jurisdictions do not allow the disclaimer of implied terms nor the
exclusion or limitation of warranties or guarantees in contracts with
consumers, so some or all of the disclaimers in this section may not apply to
you.
If you are a resident of Australia, in addition to the above terms in this
section, the following additional wording will apply to you:
This Section 15 does not intend to limit or reduce any mandatory or statutory
consumers’ rights or remedies that apply under the laws of your local
jurisdiction. To the extent permitted by law, the conditions and warranties
implied by the Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the
Australian Consumer Law) are entirely excluded from this Agreement, and to the
extent that they may not be excluded, you acknowledge that the liability of ANOTHER
PATH STUDIOS is limited to, and acknowledge that, it is fair and reasonable so
to limit ANOTHER PATH STUDIOS’S liability to:
(i) the supplying of the Game again; or
(ii) the payment of the cost of having the Game supplied again.
If you are a resident of Germany, in addition to the above terms in this
section, the following additional wording will apply to you:
To the extent any services are provided against a fee, the following applies: ANOTHER
PATH STUDIOS warrants that the Game will operate materially as specified in the
applicable documentation or product description. In the event of any defect, ANOTHER
PATH STUDIOS will provide subsequent performance by either removing the defect
(e.g. by providing a patch) or providing a new version of the service that does
not have the defect, within a reasonable time period allowing for at least
three attempts at subsequent performance. If subsequent performance definitely
fails, you may exercise your other statutory rights, provided however that ANOTHER
PATH STUDIOS’s no-fault liability for initial defects under sec. 536a para 1.
of the German Civil Code is excluded in any event.
16. INTERNET. YOU ACKNOWLEDGE AND AGREE THAT ANOTHER PATH STUDIOS IS NOT
RESPONSIBLE OR LIABLE FOR ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING,
CONDUCTING, OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH
THE GAME IN AN ACCURATE OR TIMELY MANNER. Further, ANOTHER PATH STUDIOS cannot
and does not promise or ensure that you will be able to access the online,
multi-player, or downloadable portions of the Game whenever you want, and there
may be extended periods of time when you cannot access such portions of the
Game. ANOTHER PATH STUDIOS does not ensure continuous, error-free, secure, or
virus-free operation of any online, multi-player, or downloadable portions of
the Game or continued operation or availability of any given server.
17. LIMITATION ON LIABILITY. EXCEPT FOR (1) DEATH OR PERSONAL INJURY CAUSED BY ANOTHER
PATH STUDIOS’S NEGLIGENCE, (2) FRAUD OR FRAUDULENT MISREPRESENTATION BY ANOTHER
PATH STUDIOS, (3) INTENTIONAL ACTS OR GROSS NEGLIGENCE OF ANOTHER PATH STUDIOS,
(4) LOSS OR DESTRUCTION OF TANGIBLE PERSONAL PROPERTY CAUSED BY THE USE OF THE
GAME, AND (5) ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY
APPLICABLE LAW, IN NO EVENT SHALL ANOTHER PATH STUDIOS OR ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND OTHER PARTNERS AND SUPPLIERS BE
LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY
OTHER DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF 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 OR THE
CONTENT CONTAINED IN OR ACCESSED THROUGH THE GAME OR THE FAILURE TO PROVIDE
SUPPORT SERVICES. IN THE EVENT OF SLIGHT OR ORDINARY NEGLIGENCE, OR BREACH OF ANOTHER
PATH STUDIOS’S ESSENTIAL OBLIGATIONS UNDER THIS AGREEMENT, ANOTHER PATH STUDIOS’S
LIABILITY SHALL BE LIMITED TO DIRECT AND FORESEEABLE DAMAGES SUFFERED BY YOU.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANOTHER PATH STUDIOS, WHETHER IN
CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY, INTELLECTUAL
PROPERTY INFRINGEMENT OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF
OR INABILITY TO USE THE GAME OR TO THESE TERMS EXCEED ONE HUNDRED DOLLARS ($100)
OR, IF HIGHER, THE AMOUNT PAID BY YOU TO ANOTHER PATH STUDIOS FOR YOUR USE OF
THE GAME. THIS SECTION 17 DOES NOT LIMIT ANY MANDATORY OR STATUTORY GUARANTEES
THAT CANNOT BE LIMITED BY CONTRACT UNDER THE LAWS OF YOUR LOCAL JURISDICTION.
18. DISPUTE RESOLUTION.
THIS SECTION 18 APPLIES TO YOU ONLY IF YOU RESIDE IN NORTH, CENTRAL, AND SOUTH
AMERICA, OTHER THAN THE UNITED STATES.
If you are a resident of any nation of the Americas, other than the United
States of America, either you or APS may refer any dispute relating to or
arising from this Agreement or the Game to alternative dispute resolution (such
as conciliation or arbitration) with the prior written consent of the other
party. Notwithstanding the foregoing, the terms of this Agreement will not
prevent you from bringing any dispute or claim that may be subject to this
Section 18: (i) to the attention of any federal, state, or local government
agencies that can, if the law allows, seek relief from APS on your behalf; (ii)
bringing against APS, in any court of competent jurisdiction, any claim that is
not arbitrable or for which arbitration is prohibited or restricted by
applicable law; or (iii) from bringing any claim before a small claims court,
subject to the jurisdictional limitations and requirements of such small claims
court.
19. DISPUTE RESOLUTION.
THIS SECTION 19 APPLIES TO YOU ONLY IF YOU RESIDE IN THE UNITED STATES.
If you are a resident of the United States of America, by accepting the terms
of this Agreement, you and APS: (i) agree to resolve certain disputes through
mandatory binding arbitration, as set forth in Section 19(a), and each subpart
thereof (collectively, the “Arbitration Agreement”); and (ii) expressly waive
the right to a trial by jury or to participate in any class action brought
against the other party, pursuant to Section 19(b) (the “Class Action Waiver”);
unless (iii) you exercise your right to opt out of the Arbitration Agreement
and/or the Class Action Waiver, as set forth in Section 19(c).
a) MANDATORY, BINDING ARBITRATION. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, YOU AND APS: (i) ACKNOWLEDGE AND AGREE TO RESOLVE ALL DISPUTES
AND CLAIMS BETWEEN YOU AND APS THROUGH BINDING ARBITRATION, PURSUANT TO THE
FEDERAL ARBITRATION ACT, INCLUDING WITHOUT LIMITATION (EXCEPT AS EXPRESSLY SET
FORTH IN SECTION 19.a.iii) ANY DISPUTES OR CLAIMS BASED ON LEGAL THEORIES OF
BREACH OF CONTRACT, TORTIOUS INJURY, STATUTORY VIOLATIONS, FRAUD, UNFAIR
COMPETITION, RIGHTS OF PRIVACY, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY,
THAT MAY ARISE OUT OF OR RELATE TO ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU
AND APS, ANY TERM OR PROVISION OF THIS AGREEMENT, OR YOUR ACCESS TO OR USE OF
THE GAME (EACH, A “CLAIM”); (ii) EXPRESSLY AND IRREVOCABLY WAIVE ANY RIGHT TO
PURSUE ANY CLAIMS IN COURT OR TO HAVE ANY CLAIMS HEARD OR TRIED BEFORE A JUDGE
OR JURY; (iii) SHALL NOT BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE
ARBITRATION AGAINST THE OTHER PARTY, EVEN IF OTHERWISE PERMITTED BY THE FEDERAL
ARBITRATION ACT; AND (iv) SHALL NOT SEEK TO CONSOLIDATE OR COMBINE ANY
ARBITRATION OF ANY CLAIM BY YOU OR APS WITH ANY ACTION OR ARBITRATION BROUGHT
BY OR AGAINST ANY THIRD PARTY, WITHOUT THE EXPRESS WRITTEN CONSENT OF EACH SUCH
THIRD PARTY AND BOTH PARTIES TO THIS AGREEMENT. UNLESS YOU SUBMIT A PROPER OPT
OUT NOTICE (IN STRICT COMPLIANCE WITH SECTION 19(c)), YOU AND APS AGREE THAT
ANY CLAIMS AGAINST THE OTHER PARTY WILL ONLY BE CONDUCTED THROUGH MANDATORY,
BINDING ARBITRATION.
i) Pre-Arbitration Informal Dispute Resolution. Prior to initiating arbitration
of any Claim subject to this Arbitration Agreement, you and APS agree to make
reasonable, good faith efforts to informally resolve any dispute or Claim
between you and APS. The party seeking to raise such dispute or Claim shall
send to the other party a written notice describing the nature and basis of
such dispute or Claim and identifying the relief sought. All such written
notices to APS must be sent via first class mail to: ANOTHER PATH STUDIOS .,
Attn: Legal & Business Affairs Department, San Agustín del Guadalix, Madrid,
28750, Spain. If you and ANOTHER PATH STUDIOS do not agree to resolve such
dispute or Claim within 30 days after such written notice is received, the
party seeking to raise such dispute or Claim may initiate an arbitration action
against the other, as permitted by the Arbitration Agreement, above.
ii) Arbitration Procedure. Arbitration is a legally-binding process, through
which a party may seek legal remedies from or against another party, similar to
a legal action brought before a court, but that generally imposes fewer strict
procedural formalities, is held before a third party, neutral arbitrator
(instead of before a judge or jury), provides for more limited discovery and
potentially reduced legal fees for each party, and is subject to limited review
by courts. The procedure for arbitration of any Claim under this Arbitration
Agreement will be governed by the Commercial Arbitration Rules of the American
Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary
Procedures for Consumer Related Disputes, both of which are available at: http://www.adr.org.
Notwithstanding the foregoing, you and APS agree that any such arbitration will
be conducted in English, and permit the electronic submission of documents and
allow participation by phone or by teleconference, or in person, at a mutually
agreed location.
iii) Excluded Claims. Notwithstanding the foregoing, the terms of this
Arbitration Agreement will not prevent you or APS from bringing any Claim: (i)
to the attention of any federal, state, or local government agencies with the
governmental authority and competent jurisdiction to seek relief on your or APS’s
behalf, from the other party; or (ii) before a small claims court, subject to
the jurisdictional limitations and requirements of such small claims court.
iv) Severability of Arbitration Agreement. You and APS agree that, no provision
of this Arbitration Agreement shall be enforceable against you or APS and all
Claims shall be governed by Sections 20(a) and 21(a), below, in the event
either: (i) a court of competent jurisdiction conclusively determines that any
term or provision of this Arbitration Agreement is unenforceable, prohibited by
applicable law, or inapplicable to any Claim; or (ii) you submit a proper Opt
Out Notice (in compliance with Section 19(c)), wherein you have expressed your
election to opt out of this Arbitration Agreement.
b) CLASS ACTION WAIVER. IF YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA,
BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU AND APS HEREBY AGREE: (i) THAT
EACH CLAIM IS PERSONAL TO YOU AND APS, AND SHALL ONLY BE CONDUCTED AS AN
INDIVIDUAL ARBITRATION (OR AN INDIVIDUAL COURT PROCEEDING, WITH RESPECT TO
CLAIMS EXCLUDED FROM THE ARBITRATION AGREEMENT, PURSUANT TO SECTION 19.a.iii)
AND NOT AS A CLASS ACTION OR OTHER FORM OF REPRESENTATIVE ACTION; (ii)
EXPRESSLY WAIVE ANY RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION OR SEEK RELIEF
ON A CLASS OR REPRESENTATIVE BASIS; AND (iii) THE ARBITRATOR (OR COURT, WITH
RESPECT TO CLAIMS EXCLUDED FROM THE ARBITRATION AGREEMENT, PURSUANT TO SECTION
19.a.iii) MAY ONLY CONDUCT AN INDIVIDUAL ARBITRATION (OR COURT ACTION, WITH
RESPECT TO CLAIMS EXCLUDED FROM THE ARBITRATION AGREEMENT, PURSUANT TO SECTION
19.a.iii), MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL’S CLAIMS, AND MAY NOT
PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING RELATING TO SUCH
CLAIMS. UNLESS YOU SUBMIT A PROPER OPT OUT NOTICE (AS DESCRIBED IN SECTION
19(c)), YOU AND APS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN
YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
i) Severability of Class Action Waiver. You and APS agree that, no provision of
this Class Action Waiver shall be enforceable against you or APS and all Claims
shall be governed by Sections 20(a) and 21(a), below, in the event either: (i)
a court of competent jurisdiction conclusively determines that any term or
provision of this Class Action Waiver is unenforceable, prohibited by
applicable law, or inapplicable to any Claim; or (ii) you submit a proper Opt
Out Notice (in compliance with Section 19(c)), wherein you have elected to opt
out of this Class Action Waiver. In no event may the severance of the Class
Action Waiver be interpreted or deemed to constitute consent by you or APS to
participate in a class action or class arbitration.
c) OPT OUT PROCEDURE. You have the right to opt out and not be bound by the
foregoing Arbitration Agreement and Class Action Waiver, by sending a written
notice of your election to opt out from such Arbitration Agreement and/or Class
Action Waiver (the “Opt Out Notice”), in strict compliance with the following
requirements of Sections 19.c.i – 19.c.iii:
i) Form & Address. Your Opt Out Notice must be sent to the following
address: ANOTHER PATH STUDIOS Entertainment America Inc., ATTN: Legal &
Business Affairs, San Agustín del Guadalix., Madrid, 28750, Spain, and either
by: (i) first class mail, postage prepaid, certified and return receipt
requested; or (ii) overnight courier service (such as Federal Express).
ii) Time Limitations. Unless a longer period is required by applicable law,
your Opt Out Notice must be postmarked (if sent by first class mail) or
deposited (if sent by overnight courier service) within: (i) 30 days of your
purchase of your copy of the Game; or (ii) if no purchase was made, then within
30 days of the date on which 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 is intended to apply; (ii) your
first and last name; (iii) your address; (iv) your phone number; (v) your email
address; (vi) if you are a registered user of the Game or any other APS product
or service, each of your usernames for the Game and such other APS products and
services; and (vii) a statement that you do not agree to the Arbitration
Agreement and/or to the Class Action Waiver. APS may use the foregoing
information included in the Opt Out Notice to record, process, maintain, and
administer your opting out of the Arbitration Agreement and/or Class Action
Waiver, as applicable, but not for marketing purposes.
iv) Effects of Proper Opt Out Notice. If your Opt Out Notice meets all of the
above requirements, you and APS will be deemed to have opted out of the
Arbitration Agreement and/or Class Action Waiver, subject to your statement in
such Opt Out Notice, with respect to this Agreement. Submission of a valid Opt
Out Notice applies only to Claims arising from or relating to the Game and
Agreement identified therein, as between APS and the individual identified in
such Opt Out Notice.
v) Effects of Improper Opt Out Notice. If you submit an Opt Out Notice that
fails to meet any of the requirements set forth in Sections 19.c.i – 19.c.iii,
you and APS will be bound by the Arbitration Agreement and Class Action Waiver
set forth in this Agreement.
20. GOVERNING LAW.
To the extent required by applicable law, all terms and provisions of this
Agreement shall be governed and construed in accordance with all applicable
mandatory laws, even if inconsistent with the governing law set forth in this
Section 20 and in no event shall the application, interpretation, or
enforcement of the terms of this Agreement, under any jurisdictional law
contemplated by this Section 20 exclude, limit, or otherwise restrict any
rights vested with you, as a consumer, under any applicable consumer protection
laws. Please note that your conduct may also be subject to other local, state,
national, and international laws. The parties agree that the UN Convention on
Contracts for the International Sale of Goods shall not apply to any dispute or
transaction arising out of this Agreement.
a) If you reside in North, Central, or South America:
The laws of the State of California, excluding its conflicts-of-law rules,
govern the application, interpretation, or enforcement of the terms of this
Agreement and your use of the Game.
b) If you reside in Asia:
Any dispute between the parties arising from or relating to this Agreement will
be governed by this Agreement and the laws of Japan, without giving effect to
any conflict of laws principles that may provide for the application of the law
of another jurisdiction.
c) If you reside in any other location:
Any dispute between the parties arising from or relating to this Agreement,
will be governed by this Agreement and the laws of France, without giving
effect to any conflict of laws principles that may provide for the application
of the law of another jurisdiction.
21. VENUE.
a) If you reside in North, Central, or South America:
You and APS expressly agree that, for all claims and disputes arising out of or
relating to this Agreement and/or your use of the Game that are not subject to
the Arbitration Agreement in Section 19, above, exclusive jurisdiction for any
such claim or action shall be the federal or state courts that govern Santa Clara
County, California, and you expressly consent to the exercise of personal
jurisdiction of such courts.
b) If you reside in Asia:
Any dispute between the parties arising from or relating to this Agreement
shall be decided by the Tokyo District Court, and you and APS agree to submit
to the exclusive jurisdiction of that court.
c) If you reside in any other location:
Any dispute between the parties arising from or relating to this Agreement
shall be decided by the Commercial Court of Lyon, and you and APS agree to
submit to the personal jurisdiction of that court.
22. THIRD-PARTY BENEFICIARIES. Any person or entity who is not a party to this
Agreement shall have no rights under any law to enforce any terms of this
Agreement, regardless of whether such person or entity has been identified by
name. Nothing in this section shall affect the rights of any permitted assignee
or transferee of this Agreement.
23. MISCELLANEOUS. This Agreement contains the entire agreement between you and
ANOTHER PATH STUDIOS regarding the use of the Game. If any provision of this
Agreement is held invalid or unenforceable, the remainder of this Agreement
shall continue in full force and effect for the remainder of the term, or as
otherwise set forth in Section 6(d), except if such provision deprives the
Agreement from its essential obligations. You may not assign this Agreement or
any of its rights under this Agreement without the prior written consent of ANOTHER
PATH STUDIOS, and any attempted assignment without such consent shall be void.
Subject to the foregoing restriction, this Agreement will be fully binding
upon, inure to the benefit of, and be enforceable by us and our respective
successors and assigns. The failure of ANOTHER PATH STUDIOS to exercise or
enforce any right or provision of this Agreement shall not operate as a waiver
of such right or provision. The section titles in this Agreement are for
convenience only and have no legal or contractual effect.
To contact APS, please follow the process described on our support page located
at:
whataballwab@gmail.com