Dear player,
This is an agreement between you and Arcadius Entertainment LLC—or, if you live in Europe, Arcadius Entertainment S.L. (each, together with its affiliates, “Arcadius Entertainment,” “we” or “us”)—, relating to our games and associated client software (“Game Clients”), services, websites, and supported community channels (“Game Services”), and content and data (“Game Content”) (collectively, the “Games”).

The Game includes the videogame software (the «Game Software»), associated media, any software associated with the online mode of the Game (subject to any additional terms of service applicable to such online mode), any printed materials, manuals, any online or electronic documentation, and any and all copies of the application and related materials (collectively, the «Game») developed by Arcadius Entertainment LLC (the «Company», «we», «our» or «us»).

The Company is located at 600, Cleveland Street, Clearwater, Florida, United States. The Company provides game services, the official community website and other game-related services (collectively, the «Service(s)»).

These Terms of Service contain a binding individual arbitration and class action waiver agreement, under its Section 15 (Dispute Resolution, Binding Arbitration and Class Action Waiver) that requires You and Arcadius Entertainment to resolve Disputes through binding individual arbitration and not in court before a judge or jury, if you reside in the United States or most other countries. Arbitration is not required if You reside in the European Union, Iceland, Liechtenstein or Norway (collectively the “EEA”), Switzerland, the United Kingdom, Australia, Brazil, Japan, New Zealand or Turkey. You may opt out of binding individual arbitration and class action waiver within 30 days of your first acceptance of these Terms of Service. See Clause 15(B).

Except if determined by law, or Section 15 (Dispute Resolution, Binding Arbitration, and Class Action Waiver), these Terms of Service are between You and Arcadius Entertainment LLC, and none of its affiliates or associates shall have obligations or liabilities under or in connection with these Terms of Service.

These Terms of Service (together with the Additional Terms defined below, «the Terms of Service» or «the Agreement «) govern Your access to and purchase, receipt and use of video games and other Services (defined in section 1) provided or made available by Arcadius Entertainment LLC on its own behalf and on behalf of its affiliates and associates (collectively, “Arcadius Entertainment”).

By purchasing, accessing, receiving or using any Service, You agree to these Terms of Service and declare and affirm that You are 18 years of age or older (or have reached the age of majority if it is not the age of majority where you reside) OR that You have reviewed these Terms of Service with Your parents/legal guardian and they approve of these on Your behalf and assume full responsibility for Your compliance with them. If you are the parent or legal guardian of a minor, you and the minor accept these Terms of Service, and are responsible for the use of all Services, including purchases, whether the Account or Membership is already open or created in a future.

“You” and “Your(s)” refer to both you and, in the case of a minor, your parents or legal guardians.

In addition to these Terms of Service, any other terms and/or agreements that apply to the Service(s) you access, play, purchase, receive or use will govern your access to, purchase, receipt, play and use of the Services (collectively «Additional Terms»). Additional Terms are part of these Terms of Service and are incorporated herein by reference. Additional Terms, without limitation and by way of example only, include the Arcadius Entertainment Gaming Code of Conduct (defined in Section 1), the contest rules issued by Arcadius Entertainment, the tournament rules and Tournament-related contracts issued by Arcadius Entertainment, beta contracts for pre-release versions of games, and non-disclosure agreements. These Terms of Service may also be supplemented by an end user license agreement (“EULA”) that accompanies an Arcadius Entertainment Game or other terms that apply to a particular Game. The EULA and/or other terms and conditions will govern Your access to and Your purchase, receipt, play and use of the Game client. In addition, Arcadius Entertainment’s Privacy Policy, which can be viewed at www.arcadius-entertaiment.com/legal-privacy, sets forth how Arcadius Entertainment and its affiliates (as defined in Section 5 below) collect, use, communicate and otherwise process Your personal data in connection with Arcadius Entertainment Services or websites.

Arcadius Entertainment may change these Terms of Service at any time by posting the new version on its website www.arcadius-entertaiment.com/legal_terms. We will notify you when we do so. By continuing to access, use, play, or receive the Services or our websites after changes become effective, you agree to be bound by the new Terms of Service. If You do not agree to the new Terms of Service, You must refrain from accessing, using, playing, purchasing or receiving the Services and, if You are a parent or guardian, You will assist Your minor children in terminating their Accounts, memberships and subscriptions. Memberships and subscriptions will be collectively referred to as “Memberships”.

You must contact Customer Service through help.arcadius-entertainment.com to cancel Your Accounts and Memberships.

IN ORDER TO USE THE GAME OR SERVICE ON A SPECIFIC PLATFORM OR DEVICE, YOU MUST ALSO ACCEPT AND COMPLY WITH ALL THIRD-PARTY PLATFORM OR DEVICE RULES APPLICABLE TO THE SPECIFIC GAME, INCLUDING, BUT NOT LIMITED TO, THE PLATFORM’S TERMS OF SERVICE AND PRIVACY POLICY OF THE THIRD.

IF YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT AND OUR PRIVACY POLICY, select «I AGREE» to install the Game and indicate your acceptance and understanding of these Terms and the Privacy Policy.

IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I DO NOT AGREE” and THE COMPANY will not license (defined below) the Game to you and you must not use the Game or the Service.

1. Services; Your account(s); Warnings regarding photosensitivity and virtual reality
Arcadius Entertainment offers a range of products and services for PC, Mac, consoles and mobile, including, without limitation, the following: (i) games and other products or Services that You may download, install or simply play online as a service (sometimes designated as “Game as a Service” or “GaaS”), including, without limitation, Arcadius Entertainment’s games of entertainment software for consoles and computers (collectively, “Game/s”), (ii) access to the Content (defined in Section 2), including, without limitation, digital assets (for example, wallpapers and personal attire), in-Game consumables, Game Mods, Downloadable Content (as defined below) and other digital items, (iii) software, including third party software and small amounts of code that may be necessary to facilitate online play of the Games provided by Arcadius Entertainment as a service offering (collectively, the «Software»), and (iv) the Services attached to the foregoing, such as Affiliate programs that include special benefits for their partners, downloading and uploading of multimedia elements, forums and additional functions (referred to, together with the Content, Games and Software, as the «Services»). For purposes of these Terms of Service, references to a «Game» shall include, unless the context otherwise indicates, Content accessed or used or offered in or applicable to the Game, as well as Software that facilitates playing the Game.

You must provide, at Your expense, the PC, Mac, console, mobile device, other equipment, Internet connections, and wireless service plans to access, receive, play, and use the Services. Arcadius Entertainment does not ensure, guarantee or state that a Service will be accessible or usable on all devices or with all Internet or wireless service plans.

Some Services may require the creation of an account («Account/s«). To create an account, You must have a valid email address and be eligible to use the Service for which You are registering. You must provide true and accurate information and update it to keep it true, accurate, current and complete. During the registration process, you will be asked to create a password. Arcadius Entertainment has the right to restrict, suspend or close Your Account and to refuse all present or future access to or receipt, purchase, play or use of the Services if it reasonably believes that such information is not true, accurate, current or complete.

Some Services may require the creation of a username, such as a «User Id.», a «Display Name», a «Character Name» or a «Group Name» that represent You on the Services and that will be linked to Your Account (collectively, «Usernames»). You shall not select another person’s name or any trademark, copyright or other intellectual property, or names that may lead other players to believe that You are an employee of Arcadius Entertainment or one of its affiliated companies, or names that Arcadius Entertainment deems to be vulgar, offensive, or in violation of these Terms of Service. Subject to Obligations Expressly Provided by Law (as that term is defined below), Arcadius Entertainment reserves the right to (a) delete or alter at its sole discretion the names linked to an Account and (b) restrict, suspend or prevent You to access, play or use any Service or license granted to You, for any reason, including, but not limited to, infringement, or suspected infringement, of trademarks or trade names, copyrights or other proprietary or intellectual property rights

By creating an Account, You agree that You do not own the Account, usernames created in the Account, or Content stored in or associated with an Account (such as digital and/or virtual goods, achievements, currency virtual and other Downloadable Content) or the data related to the above and associated with the Account.

Accounts may not be transferred under any circumstances. You will be solely responsible for activities on Your Account and/or performed under Your usernames. You may be held liable for losses suffered by Arcadius Entertainment or third parties resulting from someone else using Your Account, username and/or password. In the event that another person uses Your Account, username and/or password to engage in activities that violate the Terms of Service or are inappropriate or illegal, Your Account or some features of Your Account may be restricted, suspended and/or closed. You agree to notify Arcadius Entertainment immediately if You suspect or become aware of any unauthorized use of Your Account, Your username, Your password or other personal data, or any other breach of security. We reserve the right to request or require You to change Your password if We believe Your password is no longer secure.

Do not disclose Your Account password to third parties. Arcadius Entertainment employees will not ask you to disclose it. You will only need to provide Your password as part of the automated Account Services, such as the login process, or if you initiate a “Forgot Your Password?” request to get the security questions. Arcadius Entertainment applies certain measures to protect against possible breaches of the security of our Services and the personal data we maintain about you. However, no online service or transmission over a website or the Internet is completely secure. Therefore, Arcadius Entertainment cannot and does not guarantee that unauthorized access, loss of data, or other breaches of security will never occur. We advise You to take steps to protect Your personal data, username and password, for example by (i) choosing a strong password, keeping it private and changing it from time to time, (ii) logging out of Your Account and closing Your Internet browser when you finish using a Service, as well as (iii) using multi-factor authentication when offered by Arcadius Entertainment.

SECTION 12 OF THESE TERMS OF SERVICE INCLUDES PROVISIONS THAT MAY AFFECT YOUR RIGHT TO SEEK ARCADIUS ENTERTAINMENT FOR DAMAGES IN THE EVENT THAT (I) YOU ENTER IN A DISPUTE WITH ARCADIUS ENTERTAINMENT AND (II) YOU RESIDE IN A JURISDICTION WHERE PROVISIONS THAT EXCLUDE OR LIMIT LIABILITY ARE APPLICABLE.

IF YOU RESIDE IN THE EEA, UNITED KINGDOM, SWITZERLAND, RUSSIA, AUSTRALIA, NEW ZEALAND, TURKEY, JAPAN OR BRAZIL, ARCADIUS ENTERTAINMENT ACKNOWLEDGES THAT CERTAIN WARRANTIES, TERMS AND CONDITIONS EXIST (INCLUDING, WITHOUT LIMITATION, REFUNDS OR RETURNS, UNFAIR TERMS AND ARCADIUS ENTERTAINMENT’S MANDATORY LEGAL RIGHTS [SEE THE NEXT PARAGRAPH] AND LIABILITY, FOR EXAMPLE, FOR DEATH OR BODILY INJURY CAUSED BY ITS NEGLIGENCE) IMPOSED BY LAWS ON THE PROVISION OF GOODS, SERVICES, AND DIGITAL CONTENT UNDER THESE TERMS OF SERVICE, ADDITIONAL TERMS, AND CERTAIN EULAS, THE EXCLUSION OF, LIMITATION OF, OR MODIFICATION OF WHICH IS EXPRESSLY PROHIBITED OR LIMITED TO A CERTAIN EXTENT BY LAW (THE «EXPRESSLY PROVIDED FOR OBLIGATIONS BY LAW»). NOTHING IN THESE TERMS OF SERVICE, ANY ADDITIONAL TERMS OR ANY EULA SHALL EXCLUDE, LIMIT OR MODIFY ANY OBLIGATIONS EXPRESSLY PROVIDED BY LAW OTHER THAN AS PROVIDED FOR BY SUCH LAW.

SUBJECT TO ITS OBLIGATIONS EXPRESSLY PROVIDED FOR BY LAW, ARCADIUS ENTERTAINMENT HAS A LEGAL OBLIGATION TO PROVIDE YOU THE GOODS, SERVICES AND DIGITAL CONTENT IN ACCORDANCE WITH THE PROVISIONS OF THE CONTRACT FORMALIZED WITH YOU AND TO DO SO WITH REASONABLE SKILL AND DILIGENCE.

NOTICE OF PHOTO SENSITIVITY. A small percentage of people may experience epileptic seizures or fainting when exposed to some images, including light patterns or flashing lights. Exposure to certain patterns or backgrounds on a computer, television, or other screen or when playing video games can cause epileptic seizures or fainting in these people. This may cause previously undetected symptoms of epilepsy, fainting, or seizures in people with no history of such conditions. If You, someone in Your family or someone in Your household is epileptic, has had seizures or symptoms of seizures of any kind, please see your doctor before using the Services or playing any Game. If You experience any of the following symptoms while playing a Game, stop using it immediately and see Your doctor before playing again: dizziness, impaired vision, eye or muscle twitching, jerks or tremors of the arms or legs, loss of consciousness, disorientation, confusion, involuntary movements, or seizures.

WARNING REGARDING VIRTUAL REALITY. If a Game offers a virtual reality gaming experience or the use of third-party virtual headsets or related equipment, certain health and safety precautions and disclaimers apply. Failure to observe and comply with the health and safety precautions set forth in these Terms of Service, the Game End User License Agreement, and the precautions taken by the manufacturer of Your virtual reality headset or equipment related may cause property damage, physical injury to you or others, or death. Stop playing immediately if you feel unwell or experience any of the following symptoms: seizures or loss of consciousness; vision disturbance; dizziness, disorientation, or nausea; or repetitive motion injuries and eye strain. Always keep Your surroundings in mind when playing with a VR headset. If You are pregnant or have a pre-existing condition, You should speak to a physician for professional advice before playing a Virtual Reality Game. Carefully read and follow all of the virtual reality headset manufacturer’s health and safety precautions before use. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO ANY LEGAL OBLIGATIONS (AS DEFINED IN SECTION 1), IN NO EVENT SHALL ARCADIUS ENTERTAINMENT BE LIABLE FOR PROPERTY DAMAGE, INJURY OR DEATH (NOR FOR DIRECT DAMAGES, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL) ARISING OUT OF THE USE OR MISUSE OF A VR GAME OR ANY VR HEADSET OR RELATED EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, INTERACTIONS BETWEEN YOU AND OTHER PERSONS OR OBJECTS IN THE AREA OF GAME OR AROUND IT DURING THE GAME. YOU HEREBY RELEASE ARCADIUS ENTERTAINMENT, ITS ASSOCIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES FROM ANY LIABILITY IN CONNECTION WITH THE USE OF A VIRTUAL REALITY HEADSET, RELATED EQUIPMENT, OR SERVICES.

Any use, reproduction, modification, or distribution of the Services, including the Games, Content, Software, or any other intellectual property, not expressly authorized by these Terms of Service or by an authorized representative of Arcadius Entertainment in writing, is strictly prohibited.

Not all features, products or Services offered or provided are available to all persons attempting to register or in all geographic locations. Arcadius Entertainment reserves the right to limit, in its sole discretion, the supply and quantity of features, products or Services to any person or geographic area.

Offering of features, products or Services will be void where the Services are prohibited. You are solely responsible for complying with current legislation regarding the Services you access, purchase, receive, play or use.

2. Contents; user generated content; downloadable content, game mods and virtual items; unlinked accounts
This Section 2 will survive the termination of these Terms of Service.

A. General considerations about the content
«Content» includes technology, text, forum and chat articles, profiles, widgets, messages, links, emails, music, sound, graphics, animations, animation videos, the content, images, codes, files, data, characters (and the elements and attributes associated with them) and all audiovisual or other material that appears on or is derived from the Services, as well as the design and appearance of the websites controlled by Arcadius Entertainment. All content offered by Arcadius Entertainment is the property of Arcadius Entertainment LLC, its affiliates and/or its licensors, unless explicitly identified as third-party content.

Except when necessary to use the Services, and in compliance with these Terms of Service, You shall not copy, use or download Content from a Service unless authorized in writing by Arcadius Entertainment. You agree and commit not to reproduce, distribute, publicly perform, or transmit the Content or make derivative works based on the Content for any commercial use unless authorized in writing by an authorized representative of Arcadius Entertainment. For clarity, «derivative works based on» the Services and/or the Content are all works substantially similar, both in conception and expression, to the Services and/or the Content. Therefore, if you or someone else creates a work that resembles any of the Services (such as a Game) or the Content, or both, it is most likely a derivative work and cannot be used to commercial purposes.

B. User Generated Content
The Content includes user-generated content that You contribute, provide, post, upload, or otherwise submit to Arcadius Entertainment through a Service (“UGC”), its understood that the term UGC does not include Game Mods (as this term is defined below).

UGC includes the photos, images, videos, music, sounds, and other data that You contribute, provide, post, upload, or otherwise send to Arcadius Entertainment through a Service (collectively, «Your UGC»).

UGC includes content contributed, provided, posted, uploaded, or otherwise submitted to Arcadius Entertainment by anyone else using or through the Services.

UGC also includes content that is not Your UGC, including, but not limited to, public account pictures, usernames, forum articles, customer service chats, communications or other suggestions, ideas, notes, opinions, concepts or other information relating to the Services, whether generated at the specific request of Arcadius Entertainment or despite Arcadius Entertainment’s request not to do so (such as Unsolicited Materials, as described in Section 16) (collectively , “UGC Property of Arcadius Entertainment”). UGC Owned by Arcadius Entertainment also includes all Content [except for Game Mods (as that term is defined below]) that You create or develop using Content provided or offered by Arcadius Entertainment, including without limitation and in an illustrative mode, Content that You create or develop that constitutes a derivative work of Content provided or offered by Arcadius Entertainment Content and materials that are created, developed or offered within a Game or Service using Content or tools provided by Arcadius Entertainment (e.g., Content or material created through an in-Game editor and accessible only within the Game) are UGC Property of Arcadius Entertainment and not Game Mods (as that term is further defined below).

The UGC Property of Arcadius Entertainment does not include (i) Content that You create or develop if such Content or if the creation or development of such Content constitutes a breach of this Agreement or any of the Additional Terms or violates the law, (ii) Content that You create or develop without the use of Content contributed or offered by Arcadius Entertainment or (iii) Game Mods (as this term is defined below).

Arcadius Entertainment does not pre-screen UGC, endorse or approve any UGC that You and other users may contribute, provide, post, upload or otherwise submit through the Services. You are solely responsible for Your UGC and may be held liable for the UGC that You contribute, provide, post, upload or otherwise submit.

You may not contribute, provide, publish, upload or otherwise submit UGC that is copyrighted, protected by trade secret and trademark laws, or is otherwise subject to the intellectual property rights of third parties, or other rights such as those of privacy and publicity, unless You are the owner by right or there is written permission from their rightful owner to contribute, provide, publish, upload or send them in another way and to grant or assign the license and the property rights described to Arcadius Entertainment, in the manner described below.

Between You and Arcadius Entertainment, You will own all of Your UGC (as that term is defined below). To the fullest extent permitted by law, You hereby expressly grant (or warrant that the owner of Your UGC has expressly granted) to Arcadius Entertainment and its licensors, licensees and nominees, the sublicensable right and license (through of multiple levels of sublicenses), transferable, royalty-free, non-exclusive, paid, worldwide, irrevocable and perpetual to exercise rights of any kind or nature associated with Your UGC, whether existing or future, in all formats and for all means, and You agree not to claim or impose any moral or similar rights that you may have or that are subsequently recognized, as well as complementary and subsidiary rights, in any language unknown or not currently known.

Unless prohibited by applicable law or regulation, by contributing, providing, posting, uploading, or submitting or creating Arcadius Entertainment Property UGC, You accept and agree that such Arcadius Entertainment Property UGC is exclusive property of Arcadius Entertainment, therefore, you assign, and agree to assign, to Arcadius Entertainment all the UGC Property of Arcadius Entertainment that you contribute, provide, publish, upload or send, and said assignment will become effective on the date on which You create UGC Property of Arcadius Entertainment. To the extent Arcadius Entertainment cannot claim exclusive ownership rights to such Arcadius Entertainment Property UGC by operation of law or by the foregoing assignment, and to the fullest extent permitted by law, You expressly grant for the herein (or warrants that the owner of the UGC Property of Arcadius Entertainment has expressly granted), to Arcadius Entertainment and its licensors, licensees and nominees, the right and license sublicensable (through multiple levels of sublicenses), transferable, without royalties, non-exclusive, paid, worldwide, irrevocable and perpetual to exercise the rights of any type or nature associated with the CGU Property of Arcadius Entertainment, whether existing or future, in all formats and by all means. Likewise, You agree not to claim or impose moral or similar rights that you may have or that are subsequently recognized, as well as complementary and subsidiary rights, in any language unknown or not currently known.

In addition, You grant each of the users of the Services a non-exclusive license to access the UGC and to use, reproduce, distribute, display and execute said UGC as permitted through the Services, including the Service and/or the functionality of the Game.

If required by applicable law, You will enter into any contract or agreement deemed necessary by Arcadius Entertainment to give effect to the licenses described above in this section.

IN ALL UGC CASES IN THIS SECTION 2, EXCEPT WHERE PROHIBITED BY APPLICABLE LAW AND SUBJECT TO ITS OBLIGATIONS EXPRESSLY PROVIDED FOR BY LAW (AS DEFINED IN SECTION 1), ARCADIUS ENTERTAINMENT RESERVES THE RIGHT (WHETHER THEY DO NOT OBLIGATORY EXCEPT TO THE EXTENT REQUIRED BY LAW) TO REVIEW, DELETE, BLOCK, EDIT, MOVE OR DISABLE UGC FOR ANY REASON, WITH OR WITHOUT NOTICE, AND DISCLAIMS ALL LIABILITY WITH RESPECT TO UGC, INCLUDING, BUT NOT LIMITED TO, THOSE IN WHICH ARCADIUS ENTERTAINMENT DETERMINES THAT THE CGU VIOLATES THE PRESENT TERMS OF SERVICE. THE DECISION TO REMOVE UGC OR OTHER CONTENT AT ANY TIME IS THE SOLE AND EXCLUSIVE RESPONSE OF ARCADIUS ENTERTAINMENT. TO THE EXTENT PERMITTED BY LAW, ARCADIUS ENTERTAINMENT ASSUMES NO RESPONSIBILITY FOR UGC OR REMOVAL OF UGC OR FOR ANY FAILED OR DELAYED ATTEMPT TO REMOVE UGC OR OTHER CONTENT.

C. Downloadable content, achievements and other virtual items
Content also includes Content that has been downloaded or may be downloaded from any website licensed by or under the control of Arcadius Entertainment (“Downloadable Content”), it being understood that the term Downloadable Content does not include Game Mods (as this term is defined below). Downloadable Content includes any license rights granted, conferred and/or provided that allow you to access or use elements or features, online or offline, of certain Services, such as Game updates, Unlockable Content, digital and/or virtual goods, usage rights linked to unlock keys or codes, product redemption codes, serial codes and/or online authentication of any kind, in-game achievements, video trailers, Game screenshots and/or backgrounds Desktop related Games. Downloadable Content also includes Virtual Currencies, which are subject to additional conditions and limitations specific to Virtual Currencies, as indicated in Section 2(E), which supersede any conditions and limitations applicable to Downloadable Content in general. Downloadable Content may be free, redeemable, and/or purchased, with Arcadius Entertainment reserving the right to change the price of Downloadable Content at any time, without notice. Downloadable Content must be stored in Accounts or on devices belonging to legal residents of countries where access and receipt, play or use of the Services and Downloadable Content is permitted. Except as otherwise granted in a Game’s EULA, Arcadius Entertainment grants you a limited, non-exclusive, personal, non-transferable license to use, visualize and display Downloadable Content that you have lawfully downloaded.

Once Downloadable Content has been redeemed, Downloadable Content may not be returned, exchanged, or refunded for other Content, cash, or other goods or services, except as approved by Arcadius Entertainment or required by applicable law, and subject to the Obligations Expressly Provided by Law (as the term is defined in Section 1); for example, if Arcadius Entertainment provided You with incorrect Content, You will be entitled to a refund. Unless otherwise expressly declared in writing by Arcadius Entertainment or prohibited by applicable law, and subject to the Obligations Expressly Provided by Law (as that term is defined in Section 1), the Downloadable Content may expire upon the earlier of the following conditions: (a) closure of an Account or (b) one hundred eighty (180) days after (i) the most recent account login by You or (ii) the termination of Your Membership to the corresponding Service, if it is not renewed.

You agree that you do not own any right or title to the Downloadable Content, including any virtual goods or currency appearing on or originating from the Services (such as the Game(s)) or other attributes associated with any Account or Service. Arcadius Entertainment does not acknowledge any alleged transfer of virtual property that takes place outside of the Game or the alleged sale, alleged gift, or alleged «real world» trade of anything that appears in or originates from a Service or Game. In this regard, You will not sell or assist others to sell Services, Game items or currency for “real” money or exchange such items or currency for value outside of the Services. If any attempt by You to redeem Downloadable Content is demonstrated in an alleged “real world” trade, sale, gift or trade, Your Account or Membership will be immediately suspended or terminated.

You acknowledge and agree that all Virtual Items represent a limited license right for Your limited, non-transferable, non-commercial, private and personal use, governed by the Terms of Service, and may not be redeemed at any time by Arcadius Entertainment for any amount of money or monetary value. Arcadius Entertainment reserves the right to deny Your request(s) to purchase Downloadable Content and to limit or block any request to purchase Downloadable Content without reason.

D. Game Mods
The Content also includes Game Mods. The term “Game Mod” means Downloadable, User-Generated Content developed or created by You or a third party using a Publisher Tool (as that term is defined below). In certain cases, as determined by Arcadius Entertainment, Game Mods may be offered to other users of a Service or Game and, in these cases, these other users may download the Game Mods from Arcadius Entertainment or third parties and use these Game Mods in connection with playing time of a Game or receipt of a Service from Arcadius Entertainment.

If You wish to develop or create one or more Game Mods, You are required to download from an Arcadius Entertainment website or otherwise obtain access through an Arcadius Entertainment website one or more software tools through which You may create or develop Game Mods (each of these tools being called an “Editor Tool”).

Regarding Game Mods that are offered for download from an Arcadius Entertainment website or from an Arcadius Entertainment server, Arcadius Entertainment may, at any time and in its sole discretion, choose to remove such Game Mods from the site or Arcadius Entertainment’s web sites or server(s), without prior notice to you.

Each Game Mod is the property of the Game Mod developer, notwithstanding any licenses granted to Arcadius Entertainment in the publisher’s Terms of Service agreement.

Arcadius Entertainment may, but is not required to do so by these Terms of Service, validate, test, evaluate, or prescreen Game Mods.

Arcadius Entertainment does not endorse, encourage, warrant or approve Game Mods, including, without limitation, Game Mods offered for download on an Arcadius Entertainment website.

Your experience with a particular Game Mod may be different from the experiences of other users.

IF YOU CHOOSE TO INSTALL, DOWNLOAD OR USE GAME MODS, YOU DO SO AT YOUR OWN RISK.

EXCEPT AS PROHIBITED BY APPLICABLE LAW AND WITHOUT PREJUDICE TO OBSERVANCE OF OBLIGATIONS EXPRESSLY PROVIDED FOR BY LAW (AS DEFINED IN SECTION 1), ARCADIUS ENTERTAINMENT RESERVES THE RIGHT (NO OBLIGATION, EXCEPT WHEN SO REQUIRED BY LAW) TO OFFER, MAKE AVAILABLE, SCREEN, DELETE, BLOCK, EDIT, MOVE OR DISABLE GAME MODS FOR ANY REASON, WITH OR WITHOUT PRIOR NOTICE, WITHOUT ASSUMING ANY LIABILITY FOR THE GAME MODS, INCLUDING WITHOUT LIMITATION AND AS A ENUNCIATIVE MODE, WHEN ARCADIUS ENTERTAINMENT STABLISHES THAT A GAME MOD VIOLATES THESE TERMS OF SERVICE, THE PUBLISHER AGREEMENT. THE DECISION TO REMOVE A MOD FROM THE GAMES AT ANY TIME IS THE SOLE AND FINAL CHOICE OF ARCADIUS ENTERTAINMENT.

CE TO OBSERVANCE OF OBLIGATIONS EXPRESSLY PROVIDED FOR BY LAW (AS DEFINED IN SECTION 1), ARCADIUS ENTERTAINMENT ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE GAME MODS OR FOR THE REMOVAL OF GAME MODS OR FOR FAILURE TO REMOVE OR DELAY IN REMOVING GAME MODS.

E. Virtual Currency
The Services may make use of one or more virtual currencies, within a single Service, such as a Game, or spread across multiple Services (“Virtual Currency”). The following terms will govern the use of Virtual Currency in connection with the Arcadius Entertainment Services. The EULA for a particular Game may contain other terms relating to Virtual Currency, in which case, where there are inconsistencies between such terms and this Section 2(E), the Virtual Currency terms contained in the applicable EULA shall govern.

Virtual Currency may be obtained in various ways depending on the type of Virtual Currency and the Service or Services associated with it, including, but not limited to, Virtual Currency that may be obtained by purchasing real currency, actions, or achievements earned within the Game, as part of the benefits derived from any Membership or otherwise. Arcadius Entertainment may, at any time and in its sole discretion, grant Virtual Currency to Users of one or more Services, as a gesture of goodwill or derived from promotions, Memberships, competitions or sweepstakes organized by Arcadius Entertainment. All Virtual Currency purchased with real currency, whether separately or in conjunction with other Services or access to or receipt, play or use of Services (such as, for example, payment of Memberships) shall be referred to as “Purchased Virtual Currency”. Virtual Currency other than Purchased Virtual Currency shall be referred to as “Free Virtual Currency”.

Regardless of how You obtain Virtual Currency, and subject only to Obligations Expressly Provided by Law (as that term is defined in Section 1), Virtual Currency has no real currency value and is not transferable to any other person, nor is it returnable, exchangeable or refundable for actual currency, goods or services. By purchasing or otherwise obtaining Virtual Currency, You acknowledge and agree that all Virtual Currency constitutes a limited, non-exclusive, non-transferable license for Your personal, private, non-commercial use of the Services governed by these Terms of Service. Because it is a license, the Virtual Currency is not an asset to which You have any right of ownership, title or interest. The Virtual Currency balance reflected in Your Account or Membership does not constitute a real currency balance nor does it reflect any economic value.

Arcadius Entertainment reserves the right to change the price of Purchased Virtual Currency or to bundle Purchased Virtual Currency in any amount with other Services or access to other Services at any time without notice to you. You will not be entitled to a price adjustment or other refund resulting from any change in the price or grouping by which Acquired Virtual Currency may be obtained, subject only to the Obligations Expressly Provided by Law (as the term is defined in Section 1). In the case of Free Virtual Currency, Arcadius Entertainment reserves the right to change or limit the amount of Virtual Currency that it awards as part of any existing or continuing promotion, to cease any related promotion, or to pool any amount thereof with other Services or access to other Services, at any time and without notice to you.

Virtual Currency will not at any time be transferable or redeemable for any amount of virtual currency or monetary value against Arcadius Entertainment or any other person. Arcadius Entertainment prohibits and does not recognize any alleged transfer, sale, donation or other commercial transaction involving Virtual Currency. Virtual Currency will only be used by You to obtain virtual goods within a Game (for example, durable goods that become part of Your In-Game inventory and expendable or single-use items that are used and expire after use within the Game), other Downloadable Content or Game Mods, through one or more Services, as determined by Arcadius Entertainment in its sole discretion. You agree not to sell or transfer, or assist others to sell or transfer, Virtual Currency or any portion thereof. Any evidence of an attempt to use, sell or transmit Virtual Currency in any way that violates these Terms of Service may result in the revocation, termination or cancellation of Virtual Currency and/or access or receipt, play or Your use of the Services, without the right to a refund, and/or upon the immediate suspension or termination of Your Account. Subject to the Legal Obligations (as defined in Section 1), You acknowledge and agree that Arcadius Entertainment shall have no liability for use or loss of Downloadable Content (including, without limitation, Virtual Currency) by any reason, including, but not limited to, the activities of third parties, such as hacking, phishing, or any other unauthorized activity. Arcadius Entertainment may replace lost Virtual Items under certain circumstances, at its sole discretion and on a case-by-case basis, without incurring any obligation or liability.

3. VIRTUAL CURRENCY EXPIRATION FOR JAPAN RESIDENTS
IF YOU RESIDE IN JAPAN, the provisions of this section shall apply. The Virtual Currency will be valid for ONE HUNDRED AND EIGHTY (180) DAYS from the date on which the purchase of the Virtual Currency is recorded in Your Account. Virtual Currency is used in the order of its respective expiration date, with the Virtual Currency with the earliest expiration date being used BEFORE any other Virtual Currency. If the Purchased Virtual Currency and the Complementary Virtual Currency are issued simultaneously, the Purchased Virtual Currency must be used before the Complementary Virtual Currency. After the validity period of the Virtual Currency, the Virtual Currency will expire and have no value. Even if Your account or Your access to or receipt, play or use of some or any of the Services is restricted or suspended in accordance with the provisions of these Terms of Service, such restriction or suspension does not interrupt the validity period of the Virtual Currency and the Virtual Currency will expire after said period. If Your account or Your access to or use, receipt or play of some or any of the Services is terminated pursuant to these Terms of Service, any Virtual Currency in Your possession will immediately expire upon such termination. Arcadius Entertainment may limit the amount of Virtual Currency that You may purchase, hold or use in any given period.

A. Unlinked accounts
Unlinked Account Warning: To the extent that Arcadius Entertainment, in its sole discretion, allows You to download or play a Game without having an Account or without linking that Game to Your Account (including, without limitation, the possibility for You to purchase, receive or download any Downloadable Content [including, without limitation, any Virtual Currency] for such Game), if You purchase, receive or download Downloadable Content using a device not linked to an Account, and loses, steals, or damages Your device or your data is hacked, such Downloadable Content as well as Your UGC, game settings, data, in-game achievements, and in-game purchases will be lost and Arcadius Entertainment will not be able to restore nor should they restore such Downloadable Content or Your UGC, game settings, data, in-game achievements or in-game purchases. SUBJECT TO ANY LEGAL OBLIGATIONS (AS DEFINED IN SECTION 1), ARCADIUS ENTERTAINMENT SHALL HAVE NO LIABILITY, AND THE ENTIRE RISK OF LOSS IS BORNE BY YOU WITH RESPECT TO ANY DOWNLOADABLE CONTENT, GAME SETTINGS, DATA, IN-GAME ACHIEVEMENTS AND IN-GAME PURCHASES OF THE GAME ASSOCIATED WITH YOUR ACCESSING OR PURCHASING, RECEIVING, DOWNLOADING, PLAYING OR USE OF DOWNLOADABLE CONTENT USING A DEVICE NOT LINKED TO AN ACCOUNT.

4. Limited Use License
Subject to the provisions of these Terms of Service and subject to Your compliance with all terms and conditions contained herein, Arcadius Entertainment grants You a non-transferable, revocable and non-exclusive license to access, receive, play and use the Services (including any Content offered by Arcadius Entertainment [including, but not limited to, Game Mods downloaded by You from the Arcadius Entertainment website] as part of a Service solely in a personal, private and non-commercial manner and that in that moment is exclusively related to said Service) in the manner in which it has been established in this Terms of Service. For Games and Software available for download, the foregoing license includes the right to download and install a single copy of the Game or Software on a single computer, console, or mobile device owned by You for Your personal private use and not commercial.

You may not (a) distribute, publicly display, sell, transmit, publish, edit, reproduce, sublicense, rent, lease, lend or otherwise transfer Games, Software and/or Content, including access keys; (b) modify, adapt, reverse engineer or decompile the Software or otherwise attempt to extract the source code of the Software; (c) create derivative works based on any of the Services; (d) access, receive, play or otherwise use the Services, except as expressly provided in these Terms of Service; (e) copy or download Software or Content, unless the Content is a Game Mod available for download on the Arcadius Entertainment website or Downloadable Content (other than Virtual Currency) or as expressly authorized by Arcadius Entertainment in writing ; or (f) remove, disguise, or alter any copyright, patent, trademark, or other proprietary rights notices on the Services. Any commercial play or use of a Service (including, without limitation, esports and multiplayer video game competitions) is prohibited without written permission from an authorized representative of Arcadius Entertainment.

Arcadius Entertainment actively enforces its intellectual property rights to the extent permitted by law. If You are found to be participating in, or facilitating the participation in, illegal or unlawful activities, including the making of unauthorized copies and/or distribution of the Services, Arcadius Entertainment may, in its sole discretion, restrict, suspend, or terminate Your Account or Your access to or use, play or reception of any or all of the Services and even take legal action against You Please note that these activities may constitute criminal and/or civil torts, for which Arcadius Entertainment reserves the right to undertake such actions in the manner most appropriate to the circumstances. You agree to reimburse Arcadius Entertainment for all debts, liability for damages, losses, costs and other expenses incurred or suffered by you arising out of or in connection with illegal or unauthorized conduct, even attempted, by You or through the use of Your Account, as described in detail in section 13.

Arcadius Entertainment reserves title to the Services and all rights to the Services not expressly granted in these Terms of Service, including the rights to reproduce, modify, distribute, display, disassemble and decompile, rights copyright, patent, trademark, trade secret, and other proprietary or intellectual property rights and interests. Your use of the Services is subject to the intellectual property rights of Arcadius Entertainment and, except for the express licenses granted in the first paragraph of this section 3, Arcadius Entertainment does not grant you any license or right under patents or other rights private or intellectual property. The Content, Software and Games are not sold to You, but only licensed to You. You acknowledge and agree that, in the case of Games that are made available as a service, (i) You may not have a copy of the Game on Your computer, mobile device or console, as applicable, (ii) You will access and play the Game via the Internet and (iii) you must have a permanent Internet connection to access and play the Game.

All Services and intellectual property rights in the Services are owned by Arcadius Entertainment or its licensors and are protected by United States, foreign, and international copyright, trade dress, patent, and trademark laws, by international conventions and other laws that protect intellectual property and related property rights.

Except for the licenses granted to You in the first paragraph of this Section 3, Section 3 will survive the termination of these Terms of Service.

Arcadius Entertainment may, in its sole discretion, make available to You one or more application programming interface(s) and associated documentation (each, an «IPA») that enables You to access, create, download, enable, use or associate Content (excluding Game Mods herein), which modifies or otherwise provides enhanced features to the user interface (“Add-ons”) of a Game. IPAs and Add-ons are considered Software for the purposes of these Terms of Service and are subject to these Terms of Service and any Additional Terms applicable to IPAs and Add-Ons. Notwithstanding anything to the contrary in these Terms of Service, if the Additional Terms of an IPA or Add-on directly conflict with the terms and conditions of these Terms of Service or other Additional Terms, the Additional Terms of an IPA or Add-on shall control. IPA or Add-on, but only for the purpose of the specific IPA or Add-on and for no other purpose.

5. Beta testing and free trials
At its sole discretion, Arcadius Entertainment will contact You to review and evaluate or play test one or more Games, aspects of Games or online features prior to their commercial release in order to identify program errors and understand Your opinion. You will be asked to provide Arcadius Entertainment with feedback and suggestions regarding Your evaluation of the Game(s) or feature(s). Your participation will be subject to these Terms of Service and any applicable Additional Terms, such as beta testing agreements and confidentiality agreements.

By accepting our invitation and testing the Game and/or features, You agree, to the extent permitted by law, to: (i) play a Game that has not been commercialized, at Your own risk and to understand that the Game(s) and/or their features may include viruses or other known or unknown errors, (ii) any values or status indicators that You reach during playtest will be erased at any time, including launch and (iii) agree that Arcadius Entertainment is not obligated to provide these Games or features to You for free or to fix any errors that You have identified.

6. Beta Testing accounts are non-transferable under any circumstances.
On some Services, Arcadius Entertainment may choose to offer you access to a Trial Game or a Trial Membership. These Services may require You to register an Account or Membership on the terms described in these Terms of Service. If You agree to a Free Game trial or trial Membership for a Game that requires a Membership, and the trial period expires, (i) in the event of access to a trial Game, You will no longer be able to access the Game without purchasing it and (ii) in the case of a trial Membership, you will cease to receive the benefits of such Membership unless, when necessary, you update or complete Your information and purchase paid Membership Services. Arcadius Entertainment is under no obligation to notify You in advance of free access to the Trial Game or that the Membership has expired and You will be responsible for all charges incurred. As with paid Memberships, Accounts and Beta Tests, access to the Game and trial Memberships are not transferable under any circumstances.

7. Payment services
Some Services require payment of a fee. To access, play, participate in, or receive such Services, You must pay the then-current amount, and You may be required to have an Account.

For information on fees relating to particular Services, including Membership fees, You should visit the product web page for the particular Service, contact Customer Services at help rcadius-entertainment.com or, if applicable, contact Distributor (as defined below) of the Services.

The fees listed for the Services are subject to change at any time without notice, except as set forth below.

You may purchase Services from Arcadius Entertainment or from one or more of Arcadius Entertainment’s authorized distributors. Arcadius Entertainment authorized resellers include, but are not limited to, (i) resellers of Services offered on Arcadius-entertainment.com or that require an Arcadius Entertainment account, (ii) console manufacturers, and (iii) other authorized resellers (collectively (i) – (iii), the «Distributors»).

If You purchase Services from a Reseller, (a) You will make payments to such Reseller for such Services and (b) applicable Service fees and payment terms will be those established by the Reseller.

In connection with payments made to Distributors, Distributors will collect personal data from You, including, but not limited to, credit card, debit card, and other payment information. Information communicated by You to a Reseller and Your purchases of Services from a Reseller will be subject to the Reseller’s Terms of Service and Privacy Policy (collectively, the «Reseller Terms»). The Distributor Terms are in addition to these Terms of Service and the Arcadius Entertainment Privacy Policy. For the sake of clarity, these Terms of Service will apply to all Services as if such Services had been purchased from Arcadius Entertainment. The Distributor Terms do not modify or amend these Terms of Service or the Arcadius Entertainment Privacy Policy.

Arcadius Entertainment reserves the right to change Arcadius Entertainment’s billing amount or methods at any time and, in the case of recurring Services, after notifying You through Your Account or through the Services, as set forth below.

If You pay or are required to pay a periodic Membership fee (eg, monthly) for a Service purchased from Arcadius Entertainment, Arcadius Entertainment will notify You of such changes at least thirty-five (35) days in advance. If You continue to access or receive, play or use the Service thirty-five (35) days or more after such notification by Arcadius Entertainment of the changes, You accept them. If You do not accept the changes, You may cancel Your Membership at any time (see Section 7 below), such termination becoming effective at the end of the Membership period or renewable period with respect to which You had previously made the payment and current at that time, but Arcadius Entertainment will not refund any amount, either full or prorated, corresponding to a Membership, unless a refund is required by applicable law and subject to Obligations Expressly Provided by Law (as that term is defined in Section 1).

If Your access to or receipt, play, or use of the Services is subject to government charges (including sales tax, value added tax [VAT], Goods and Services Tax [GST], withholding taxes, if applicable, and other taxes), it will be you who must pay them. Such government charges may be included in the total price, or may be itemized, in the payment process, separately from the amount of Your paid Services. The fact that, for whatever reason, You are not billed for such charges will not relieve You of Your duty to pay them.

As the Account owner, You are responsible for all charges incurred by Your Account, including applicable taxes and fees, on all purchases made by You or by anyone using Your Account, such as Your family or Your friends.

Unless otherwise stated, and if applicable, for Your purchases of Downloadable Games and other Services on or from the Arcadius-entertainment.com online store, by logging into Your Arcadius Entertainment Online Account, the Game or any Downloadable Content You purchase will be immediately downloaded to You and applied to Your account or the Game, as applicable, at the time of purchase.

Residents of North America, Central America, South America and Asia: If You reside in North America, Central America, South America or Asia and purchase Services from Arcadius Entertainment, You must pay the amount using the methods Arcadius Entertainment makes available for the specific Service (the «Payment Methods») and You agree to comply the conditions applicable to each of the Payment Methods you choose. Payment Methods may vary depending on the Service; the terms of Your Membership will appear in Your Account details, or if You are making a purchase on a device without using an Account, these details will be provided at the time of purchase. When you provide information about a credit card or other Payment Method to make a purchase to Arcadius Entertainment, it is understood that you manifest to Arcadius Entertainment that you are authorized to use said card or Payment Method. You must provide current, complete and accurate information for Your billing Account. You must immediately update all information to keep Your billing Account current, complete and accurate (changes in billing address, credit card number or expiration date) and You must notify Arcadius Entertainment as soon as possible in the event Your credit card or other Payment Method is canceled (eg, due to loss, theft or expiration). Changes to Your Payment Method information can be made through Customer Service at help.arcadius-entertainment.com.
Some Payment Methods require or allow You to elect to automatically renew Your Membership. In such cases, You agree to allow Arcadius Entertainment to automatically charge Your credit card, bank card, debit card or other Payment Method associated with Your Account for automatic renewal of Your current Membership preferences for the applicable Service. You may cancel Your Membership at any time, with termination being effective at the end of the then current Membership term or renewable term, by revising Your selection on Your Account page or by contacting Customer Service at help.arcadius-entertainment.com. To sign up for automatic renewal, you must have a valid credit card number or other Payment Method number or information associated with Your Account. Membership will automatically renew on the expiration date of the current Membership term or renewable period and at no more than Arcadius Entertainment’s current price at the time of renewal (excluding promotional and discounted prices, unless canceled by You). If You have signed up for automatic Membership renewal, You agree that, to the extent permitted by law, Arcadius Entertainment will automatically and repeatedly charge You for Your current Membership preferences, unless to cancel Your Membership, which will take effect at the end of Your then-current Membership period or renewable period If You have registered for or requested automatic Membership renewal but do not have a valid credit card and/or other Method information Valid Payment Code and Your Membership expires, You will not be able to receive the benefits associated with the Membership (for example, continue playing the Game or using the Payment Services), without updating Your Payment Method information. Arcadius Entertainment reserves the right to use third-party credit card updating services to check the expiration dates of credit cards that You provide. Customers using third-party payment methods may incur additional payment processing fees by such third parties, so Your Memberships may not automatically renew.
Residents of other territories not specified above. If you reside in a territory other than North America, Central America, South America or Asia and purchase Services from Arcadius Entertainment, You must pay the amount using the payment methods that Arcadius Entertainment makes available for the specific Service (the «Payment Methods») and agree to comply with the conditions applicable to each of the payment methods you choose. Payment Methods may vary depending on the Service; the terms of Your Membership will appear in Your Account details, or if You are making a purchase on a device without using an Account, such details will be provided at the time of purchase. When you provide information about a credit card or other Payment Method to make a purchase, it is understood that you state that you are authorized to use said card or Payment Method. You must provide current, complete and accurate information for Your billing Account. You must immediately update all information to keep Your billing Account current, complete, and accurate (changes to your billing address, credit card number or expiration date), and you must notify Us as soon as possible if Your credit card or Payment Method is cancelled. (eg, for loss, theft or expiration). Changes to Your Payment Method information can be made through Customer Care at help.arcadius-entertainment.com.
Some payment methods require or allow You to elect to automatically renew Your Membership. In such event, You agree to allow service providers affiliated with us to automatically charge Your credit card, bank card, debit card or other Payment Method associated with Your Account for automatic renewal of Your existing Service Membership preferences correspondent. You may cancel Your Membership at any time, termination being effective at the end of the then current Membership period or renewable period, by reviewing Your selection on Your Account page or by contacting Customer Care at help.arcadius-entertainment.net. You must have a valid credit card number or other Payment Method number or information associated with Your Account to sign up for automatic renewal. Membership will automatically renew on the expiration date of the Membership term or renewable period and for an amount never higher than the current price imposed by the associated service providers at the time of renewal (promotional and discounted prices are excluded, unless You cancel Your Membership). If you have registered for or requested automatic renewal of your Membership, you agree that associated service providers, to the extent permitted by applicable law, charges you or will continue to charge you automatically and repeatedly for Your current Membership preferences, unless You cancel Your Membership, which will take effect at the end of Your current Membership term or renewable period. If You have registered for or requested automatic Membership renewal, but do not have a valid credit card and/or other valid Payment Method information and Your Membership expires, You will not be able to receive the benefits associated with the Membership (for example, continue playing the Game or using the Payment Services) without updating Your Payment Method information. Our partner service providers reserve the right to use third-party credit card update services to check the expiration dates of the credit cards you provide. Customers using third party payment methods may incur additional payment processing fees by such third parties, so Your Memberships may not automatically renew.
8. Availability of Services and Contents; game maintenance, patches and updates; end of services
Arcadius Entertainment does not guarantee that the Services will be accessible or available at all times, in all countries and/or all geographic locations, at any given time, or that it will continue to offer particular Services for any specific period of time. Except as prohibited by applicable law and subject to Obligations Expressly Provided by Law (as that term is defined in Section 1), Arcadius Entertainment reserves the right to change and/or update the Content without notice to you. Arcadius Entertainment also reserves the right to deny Your requests to purchase Content and to limit or block any requests to purchase Content, including Downloadable Content and Game Mods, for any reason.

Arcadius Entertainment may make patches, updates, or modifications to a Service at any time, with or without notice to you. Notwithstanding the foregoing, Arcadius Entertainment is not obligated to incorporate patches, updates, modifications, or corrections of errors or defects to the Services. Arcadius Entertainment does not guarantee the persistence or availability at all times of any username or other public images and declines all responsibility in case of loss or deletion of Account data. Except as prohibited by applicable law and subject to the Obligations Expressly Provided by Law (as that term is defined in Section 1), You agree for Arcadius Entertainment to decline all responsibility for the possible interruption of the Services, delays or failures of operation, loss of Content (including Virtual Currency, UGC, Game Mods, and Downloadable Content) and/or Account data (including Character data) for any reason. Arcadius Entertainment reserves the right to offer new Services, change and/or stop providing certain Services at its sole discretion and at any time.

Except as prohibited by applicable law and subject to Obligations Expressly Provided by Law (as that term is defined in Section 1), Arcadius Entertainment may restrict, suspend or prevent Your access to and receipt, play or use at any time by all the Services or any of them. In the event that Arcadius Entertainment makes material changes to the Services, it will be notified to You within the period specified when you subscribe to the particular Service or, if such period has not been specified, within thirty-five (35) days from the notification. Such notifications will be delivered to you by email and/or by posting on the applicable product or Service or in the «My Account» section, at the discretion of Arcadius Entertainment.

In the event of a violation of these Terms of Service, Arcadius Entertainment, in its sole discretion, may warn You, suspend or restrict certain features of Your Account (including usernames), selectively modify, remove, or revoke Downloadable Content from an Account or devices, will immediately terminate any or all of the Accounts You have created and/or temporarily or permanently prohibit access to, receiving, playing or using any or all of the Services from Your Account, device or machine.

Arcadius Entertainment may terminate Your access to or receipt, play or use of (i) if You violate these Terms of Service; (ii) if Arcadius Entertainment, in its sole discretion, believes that Your information is not true, accurate or complete; (iii) if Your access to or receipt of, play or the Services infringes or is suspected of infringing any third party rights or intellectual property or (iv) if You or Your Account reflect Content that is inappropriate or violates these Terms of Service. All or part of the Content (including Software, Content, Virtual Currency, and Downloadable Content) will be forfeited immediately upon termination or termination of Your Account by Arcadius Entertainment.

If Arcadius Entertainment closes an Account, it will also close all other Accounts that share the same characteristics, such as Account name, email address, postal address, internet protocol address, device identifier or credit card number or other Method of Payment. Arcadius Entertainment reserves the right to use the means necessary and permitted by current legislation to identify and close Accounts.

You agree that, in such circumstances, Arcadius Entertainment is not required to notify You prior to taking any action that restricts, suspends, or terminates Your access to or receipt, play, or use of the Services and/or Your Account. If Arcadius Entertainment closes Your Account, You may not access, play or use any of the Services again without Arcadius Entertainment’s written permission. Arcadius Entertainment reserves the right to refuse to maintain Accounts and provide Services to individuals. You shall not allow Your Account to be used by persons whose Accounts have been terminated by Arcadius Entertainment.

If Your Account, a particular Membership of a Service associated with Your Account, or Your access to or receipt, play or use of a Service, is terminated or suspended and/or if Virtual Currency or other Downloadable Content is removed, revoked or seized from Your Account, or if Your device is prohibited, temporarily or permanently, from accessing, receiving, playing or using any or all of the Services, no refund will be given, no credit will be given to you for Virtual Currency or other Downloadable Content it will not be converted to cash or any other form of refund. You will no longer have access to, receive or use Your Account or the Virtual Currency or other Downloadable Content associated with it or the particular Service, except where action has been taken against Your Account or device in error and subject to the Obligations Provided Expressly by Law (as the term is defined in Section 1). If you believe this is the case, please contact Customer Care at help.arcadius-entertainment.com.

9. Right to cancel Account or Membership
You have the right to cancel Your Account or a particular Service Membership at any time. Additional termination terms for individual Memberships may be notified to You when You become a Member, which will be noted in Your Account information or Membership renewal notices. In general, when You cancel a Membership, the cancellation will be effective at the end of Your then current Membership term or renewable period.

You may cancel Your Account or a Service Membership by accessing Your Account page Except as prohibited by applicable law and subject to Obligations Expressly Provided by Law (as that term is defined in Section 1), Arcadius Entertainment has the right to modify, restrict, suspend or terminate Your access to or Your reception, play or use of the Services at your sole discretion. For various reasons, including by way of example, the following (i) Your information is not true, accurate or complete; (ii) Your activities infringe, or are suspected of infringing, the rights of third parties or intellectual property; (iii) Arcadius Entertainment, in its sole discretion, determines that You or Your Account reflect Inappropriate Content or (iv) You or activities conducted under Your Account violate these Terms of Service. Other Additional Terms that apply to Your Service and/or Game, such as the Code of Conduct, provide behavioral guidelines that Arcadius Entertainment deems inappropriate and specify restrictions on Your Account, Your access to or receipt, play or use of the Game, and Your participation in the services.

You agree not to access, receive, play or use the Services to:

Carry out actions or upload, publish, transmit, promote or distribute illegal content, including the UGC or the Game Mods. • Take action or upload, publish, transmit, promote or distribute Content that infringes or violates the rights of third parties. • Engaging in activities that exploit, harm, or threaten to harm minors. • Harass, bully, threaten, spam, or similarly unwelcome actions of another user of the Services, such as continually sending spam or making personal attacks or statements regarding race, ethnicity, sex, gender, sexual orientation, religion, culture, etc. • Carry out actions or upload, publish, transmit, distribute or communicate personal data about You or any other real person. • Impersonate a person or entity, including Arcadius Entertainment, Arcadius Entertainment partners or employees of its affiliates, or falsely state or otherwise misrepresent Your relationship with a person or entity. • Take action, organize, transmit Content, create or participate in an activity, group or guild that is dangerous, malicious, with criminal intent, hateful (or carries out acts of «hate speech»), terrorist content or extreme violence, offensive in matters of race, ethnicity, religion, gender, or in any other way, obscene, threatening, intimidating (including encouraging violence against others), vulgar, sexually explicit, defamatory, infringing and that invades personal privacy or publicity rights, encourages conduct that violates the law, or is reasonably found by Arcadius Entertainment to be objectionable. • Foment, upload, transmit, promote or participate in any activity that involves hacking, cracking, phishing, taking advantage of security vulnerabilities or cheats, as well as the distribution of software and/or Virtual Currency or fake virtual items. In our effort to continually improve our Services, we request that if You and/or other players discover security vulnerabilities, cheats, cracks, or other irregularities, that you notify Arcadius Entertainment. • Take action on or upload, post, transmit, promote or distribute Content or software code that may contain Trojan horses, viruses, worms, spyware, time bombs, bouncing systems, malware, malicious code, corrupted data or other computer programs that can damage, interfere, intercept, expropriate or alter the Services, including the Games, personal data or the confidential or exclusive information of its owner. • Carry out actions that allow you to collect personal data or aggregated and/or anonymized statistics from other people or entities; • Engage in disruptive behavior in chat areas, game areas, forums, or any other area or aspect of the Services. Examples of disruptive behavior include, but are not limited to, conduct that interferes with the normal flow of gameplay or dialogue on a Service, using vulgar and insulting language, repeatedly pressing the «Enter» key, or introducing large images so the screen scroll is too fast to read, shouting [i.e. writing in all caps] with the intent to annoy other users, spamming or overflow [i.e. posting repetitive text], commercial publications, petitions or advertisements, publication of advertisements or promotional messages, chain letters, pyramid schemes or other commercial activities. • Attempting to obtain a password, Account information, or other private information from another person. As a reminder, Arcadius Entertainment employees will never ask You to reveal Your password.
Arcadius Entertainment may report certain incidents to appropriate authorities, including disclosure of Account information, if it has in good faith belief that doing so is required by law or reasonably necessary to comply with legal process, when deemed necessary or appropriate the disclosure of certain information to the competent authorities, such as to investigate suspected or actual fraud or violations of the law, security breaches or breach of these Terms of Service and/or Additional Conditions; to respond to claims or to protect the rights, property, or safety of Arcadius Entertainment, its customers, or the public.

Unless otherwise specified, Arcadius Entertainment is not required or expected to monitor or record Internet activity on the Services. Arcadius Entertainment reserves the right, but is not obligated, to monitor communications within, through, or on the Services, such as in the Games or in the forums. Likewise, Arcadius Entertainment reserves the right to access and/or record any activity on the Internet of the Services, for which reason You expressly authorize Arcadius Entertainment to access and record Your activities. This includes Your consent to access, record, and release all online activity where Arcadius Entertainment believes disclosure is necessary to comply with the law, to combat fraud, and/or to comply with a legal proceeding, order, or judicial process. in which Arcadius Entertainment participates, to comply with the order of a public authority or other competent authority, when Arcadius Entertainment has reason to believe that such disclosure is necessary in the event of actual or potential damage or interference to Arcadius Entertainment, the rights of other users or yours, property or operations or to protect third parties who may suffer damage or loss.

Subject to Obligations Expressly Provided by Law (as defined in Section 1), You agree that Arcadius Entertainment, in its sole discretion and without notice, may remove Content, including (to the extent permitted by current law) Your data, of any Service and adopt the measures that it deems necessary to reduce or avoid behavior of any kind in the Services, including the Games, and that Arcadius Entertainment is not responsible for You or third parties violating these Terms of Service.

If You become aware that another user is violating a Code of Conduct, You must notify Arcadius Entertainment by contacting Customer Service at help.arcadius-entertainment.com. If you are playing the game, you can report the problem through the help function of the Game or by contacting Customer Support directly at help.arcadius-entertainment.com.

10. Use of Services
You further agree that you will not access, create or provide any other means by which others can access or use the Services (including the Games), such as server emulators.

You may not participate in, take part in, initiate or engage in any action that imposes an unreasonable or disproportionate load on the infrastructure that hosts the Games and/or Services.

You agree not to use hardware or software, or other methods or media, which are not authorized by Arcadius Entertainment or which may influence or advantage You in any way, Your gaming capabilities, or influence or impair the gaming capabilities of others, or influence or give you an advantage when you access or receive, play or use the Services, or affect or impair access by others. Arcadius Entertainment does not condone methods such as third-party tools, bots, speed hacks, deep linking, data mining, robots, spiders, algorithms, or other programs that copy or control any part of the Services (including the Games and/or the forums), software that transmits, manipulates or distributes (including «mirroring») the data stream or any aspect of the Services to another computer, server websites or other means of publication or distribution or software that allows You to access, receive, play or use the Services without human intervention.

You agree that you do not have the right to create, publish, or distribute derivative works of certain Content (such as the Games) or to use software programs, utilities, applications, emulators, or tools derived from or created from the Content, except with the written permission from a representative of Arcadius Entertainment. You may only use the Software to the extent expressly permitted by these Terms of Service and any applicable EULA.

FAILURE TO COMPLY WITH THESE CONDITIONS OF SERVICE MAY CONSTITUTE CRIME AND/OR ILLICIT, SO ARCADIUS ENTERTAINMENT RESERVES IN EACH CASE THE RIGHT TO UNDERTAKE ANY ACTIONS IT DEEMS APPROPRIATE.

Arcadius Entertainment, at its sole discretion, may implement various ways to filter, block, or control the IP addresses, MAC addresses, or proxy servers used to use, receive, play, or access the Services, including blocking or filtering measures that restrict Your ability to use, receive, play or access the Services. Arcadius Entertainment, in its sole discretion, may restrict access to or use, play, or receipt of certain features or Services to certain persons, jurisdictions, territories, or geographic areas.

Arcadius Entertainment, at its sole discretion, may implement various ways to filter, block, or control the IP addresses, MAC addresses, or proxy servers used to use, receive, play, or access the Services, including blocking or filtering measures that restrict Your ability to use, receive, play or access the Services. Arcadius Entertainment, in its sole discretion, may restrict access to or use, play, or receipt of certain features or Services to certain persons, jurisdictions, territories, or geographic areas.

11. Third Party Sites and Products
The Services may be linked to unaffiliated third-party websites or applications, such as social networks, live streams, blogs or other third-party websites/applications (collectively, «Third Party Sites»). Some of the Third-Party Sites allow you to log in with the account and credentials that you already have on them. Some Services may allow You to interact and/or transact with Third-Party Sites and, if applicable, configure Your Third-Party Site account privacy settings to allow Your activities in connection with the Services to be shared with Your contacts on Third-Party Site account. In some situations, You may be transferred to a Third-Party Site via a link, even though it appears that You are still using the Services. These Third-Party Sites may require you to comply with their terms, user guides, and privacy policies.

Some of these third-party sites charge a separate fee, which is not included in the Membership fee or other fees You pay in accordance with these Terms of Service. Any separate charges or obligations You incur in dealing with third parties and Third-Party Sites shall be Your responsibility and subject to their additional or different conditions and restrictions. You are responsible at all times for having an adequate Internet connection to access, play, receive or use the Services offered or accessed through the Internet and for any charges made for Internet services, telephone services, wireless services, services data and other charges you may incur when registering for or using any Service. You acknowledge and agree that, in certain circumstances, Your wireless service provider or Your Internet service provider may charge You data, message, or other wireless access fees in regards to Your registration, access, or receipt, play, and use of a Service. You should check with Your wireless service provider and Internet service provider to see if there are any such charges applied to You or the Service. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS, RECEIVE, PLAY OR USE THE SERVICES FROM YOUR HARDWARE DEVICES.

Arcadius Entertainment provides you with access to Third Party Sites as a convenience, and Arcadius Entertainment does not endorse, warrant, or be responsible for them. YOU AGREE THAT, TO THE EXTENT PERMITTED BY LAW AND SUBJECT TO OBLIGATIONS EXPRESSLY PROVIDED BY LAW (AS DEFINED IN SECTION 1), ARCADIUS ENTERTAINMENT DISCLAIMS ALL LIABILITY, DIRECT OR INDIRECT, FOR THE GOODS, SERVICES , INFORMATION, RESOURCES and/or CONTENT AVAILABLE ON OR THROUGH THE THIRD PARTY SITES and/or ABOUT THE MANAGEMENTS OR COMMUNICATIONS OF THIRD PARTIES; FURTHERMORE, SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO THE USE OF OR RELIANCE PLACED ON THE CONTENT OR BUSINESS PRACTICES OF THIRD PARTIES OR FOR ANY DAMAGES OR LOSSES CAUSED BY OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH SUCH USE. WITH THE SAME. ARCADIUS ENTERTAINMENT DOES NOT ENDORSE OR WARRANT THE THIRD-PARTY SITES, GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT PROVIDED BY THIRD PARTIES THROUGH ARCADIUS ENTERTAINMENT OR THIRD-PARTY SITES AND DOES NOT PARTICIPATE IN AND IS NOT RESPONSIBLE FOR CONTROLLING TRANSACTIONS BETWEEN YOU AND THE PROVIDERS OF THIRD-PARTY SITES OR THIRD-PARTY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT.

This section 10 will be in force even after the extinction of these Conditions of Services.

12. Warranty Disclaimer
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO ANY OBLIGATIONS EXPRESSLY PROVIDED FOR BY LAW (AS DEFINED IN SECTION 1), ARCADIUS ENTERTAINMENT, ITS LICENSORS AND RESELLERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY SERVICE, INCLUDING, WITHOUT LIMITATION, THE QUALITY, FUNCTIONALITY, AVAILABILITY, ACCESSIBILITY OR PERFORMANCE OF A SERVICE. EACH SERVICE IS PROVIDED TO YOU ON AN «AS IS» AND «AS AVAILABLE» BASIS.

IF YOU ARE DISSATISFIED WITH THE QUALITY, FUNCTIONALITY, AVAILABILITY, ACCESSIBILITY OR PERFORMANCE OF A SERVICE, YOU MAY TERMINATE YOUR ACCOUNT OR MEMBERSHIP (SEE SECTION 7 ABOVE). AS SET FORTH IN THESE TERMS OF SERVICE, WHEN YOU TERMINATE YOUR ACCOUNT OR MEMBERSHIP IN A SERVICE, YOU ARE NOT ENTITLED TO A REFUND OF THE PRICE OF THE SERVICE, EXCEPT AS APPLICABLE LAW, SUBJECT TO OBLIGATIONS EXPRESSLY PROVIDED BY LAW (AS DEFINED THE TERM IN SECTION 1), REQUIRES SO.

IN SOME JURISDICTIONS, INCLUDING THE EEA, SWITZERLAND, RUSSIA, AUSTRALIA, NEW ZEALAND, TURKEY, JAPAN AND BRAZIL AND UNITED KINGDOM, CERTAIN WARRANTIES MAY BE AUTOMATICALLY STABLISHED AND/OR APPLIED BY LAW, UNLESS EXPRESSLY EXCLUDED. SUBJECT TO ANY OBLIGATIONS EXPRESSLY PROVIDED BY LAW (AS DEFINED IN SECTION 1), ARCADIUS ENTERTAINMENT AND ITS LICENSORS DISCLAIM AND EXCLUDE ALL WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, TO THE EXTENT PERMITTED BY LAW, INCLUDING IMPLIED WARRANTIES OF COMMERCIALIZATION, ADEQUACY FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, DATA ACCURACY, OR ACCURACY OF ANY OTHER INFORMATION OR CONTENT, SYSTEM INTEGRATION, AND QUIET ENJOYMENT WITH RESPECT TO ALL SERVICES AND ALL IMPLIED WARRANTIES ARISING OUT OF CONDITION OR USAGE OF TRADE.

THE FOLLOWING PROVISIONS OF THIS SECTION 11 APPLY ONLY TO THE EXTENT THAT THEY ARE NOT IN CONFLICT WITH ANY OBLIGATIONS EXPRESSLY PROVIDED FOR IN LAW (AS DEFINED IN SECTION 1).

NO WARRANTY IS MADE WITH RESPECT TO THE QUALITY, FUNCTIONALITY, FULFILLMENT OF SPECIFICATIONS, SUITABILITY, OPERABILITY, CONDITION, FREEDOM OF INTERFERENCE, COMPLETENESS, AVAILABILITY OR PERFORMANCE OF THE SERVICES, FREEDOM OF DEFECTS, LATENT OR PATENT OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTENT OR OFFERED ON AN ARCADIUS ENTERTAINMENT WEB SITE. ARCADIUS ENTERTAINMENT DISCLAIMS ANY LIABILITY WITH RESPECT TO YOUR FAILURE TO ACCESS, RECEIVE, PLAY OR USE THE SERVICES. FURTHER, ARCADIUS ENTERTAINMENT DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS, RECEIVE, PLAY OR USE THE SERVICES AT ANY TIME OR LOCATION OF YOUR CHOICE, OR THAT ARCADIUS ENTERTAINMENT HAS ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN A PARTICULAR GEOGRAPHICAL AREA.

IN THE STATES OR JURISDICTIONS WHICH PROHIBIT THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OF SOME WARRANTIES, ARCADIUS ENTERTAINMENT SHALL DISCLAIM AND EXCLUDE WARRANTIES TO THE EXTENT PERMITTED BY LAW. THE DURATION OF SUCH WARRANTY SHALL BE THE SHORTEST POSSIBLE PERMITTED BY APPLICABLE LAW.

THIS SECTION 11 SHALL BE IN EFFECT EVEN AFTER THE TERMINATION OF THESE TERMS OF SERVICE.

13. Limitation of Liability; limitation of actions
A. General information. THE LAWS OF MANY JURISDICTIONS ALLOW ARCADIUS ENTERTAINMENT TO LIMIT ITS LIABILITY FOR DAMAGES. THIS SECTION LIMITS THE LIABILITY OF ARCADIUS ENTERTAINMENT, ITS LICENSORS AND SUPPLIERS. HOWEVER, THIS SECTION 12 APPLIES ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN THE EVENT APPLICABLE LAW DOES NOT ALLOW ARCADIUS ENTERTAINMENT, ITS LICENSORS OR RESELLERS TO LIMIT THEIR LIABILITY IN CERTAIN CIRCUMSTANCES, THE LIMITATIONS IN THIS SECTION SHALL NOT APPLY IN SUCH CASES.

IF YOU RESIDE IN THE EEA, UNITED KINGDOM, SWITZERLAND, RUSSIA, AUSTRALIA, NEW ZEALAND, TURKEY, JAPAN, OR BRAZIL THE PROVISIONS OF THIS SECTION 12 APPLY ONLY TO THE EXTENT THAT THEY DO NOT CONTRADICT THE OBLIGATIONS PROVIDED BY LAW (AS DEFINED BY THE TERM IN SECTION 1).

B. Limitation of actions. YOU AGREE THAT YOUR SOLE REMEDY IN THE EVENT OF ANY DISPUTE WITH ARCADIUS ENTERTAINMENT OR ITS LICENSORS ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR ANY SERVICE IS TO STOP USING, PLAYING, RECEIVING OR ACCESSING THE SERVICE AND TO CANCEL YOUR SERVICE, YOUR ACCOUNT, AND/OR MEMBERSHIP.

C. Exemption of responsibility: for the operation, communications or content. YOU AGREE THAT ARCADIUS ENTERTAINMENT, LICENSE GRANTORS, DISTRIBUTORS, LICENSORS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION BY THEM OR ANYONE ELSE REGARDING THE OPERATION, COMMUNICATIONS OR CONTENT ON OR WITHIN THE SERVICES.

D. Maximum limit of liability: IN NO CASE WILL ARCADIUS ENTERTAINMENT OR ITS ASSOCIATES, LICENSE GRANTORS, LICENSORS, CONTENT PROVIDERS AND DISTRIBUTORS AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, CONTRACTORS, AGENTS OR VENDORS BE LIABLE TO THE AGGREGATE AMOUNT, (COLLECTIVELY, THE «ARCADIUS ENTERTAINMENT ”) FOR DAMAGES THAT YOU MAY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, ANY SERVICE OR YOUR ACCESS TO, OR PLAYING, RECEIVING OR USE OF ANY SERVICE, SHALL EXCEED USD$100.000.

E. Direct damage: NOTWITHSTANDING SECTION 12(D), ARCADIUS ENTERTAINMENT WILL INDEMNIFY YOU FOR REASONABLE AND FORESEEABLE LOSS OR DAMAGE WHICH YOU CAN SHOW YOU HAVE SUFFERED AS A RESULT OF (I) ARCADIUS ENTERTAINMENT’S FAILURE TO MEET ITS OBLIGATIONS UNDER THESE TERMS OF SERVICE AND ACCORDING TO REASONABLE QUALITY STANDARDS OR (II) ARCADIUS ENTERTAINMENT’S BREACH OF ITS OBLIGATIONS IMPOSED BY LAW (INCLUDING CASES WHERE ARCADIUS ENTERTAINMENT CAUSES DEATH OR INJURY DUE TO NEGLIGENCE), EXCEPT AS SUCH BREACH IS DUE TO: ∙(A) ERROR FOR WHICH YOU ARE RESPONSIBLE, IN WHOLE OR IN PART; ∙(B) THIRD PARTIES NOT IN CONNECTION WITH ARCADIUS ENTERTAINMENT’S PERFORMANCE UNDER THESE TERMS OF SERVICE (SUCH AS, FOR EXAMPLE, PROBLEMS DUE TO OTHER USERS OF THE SERVICES, THE PERFORMANCE OF THE COMMUNICATIONS NETWORK, A CONGESTION OF THE NETWORK AND THE CONNECTIVITY OR THE PERFORMANCE OF YOUR COMPUTER); OR (C) OTHER EVENTS WHICH NEITHER ARCADIUS ENTERTAINMENT, NOR ITS ASSOCIATES OR SUPPLIERS COULD HAVE BEEN ABLE TO FORESEE OR PREVENT, EVEN IF ARCADIUS ENTERTAINMENT HAD REASONABLY MANAGED THEM. GIVEN THAT THE SERVICES ARE FOR CONSUMER USE ONLY, ARCADIUS ENTERTAINMENT AND ITS PARTNERS SHALL NOT BE LIABLE FOR ANY COMMERCIAL, BUSINESS OR OTHER LOSS (SUCH AS LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION).

IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING, ARCADIUS ENTERTAINMENT, ARCADIUS ENTERTAINMENT ASSOCIATES, THEIR LICENSORS AND SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR ANY OTHER LOSS OR DAMAGES, INCLUDING INDIRECT, INCIDENTAL, EXEMPLAR OR SPECIAL DAMAGES, PUNITIVE OR CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF DATA OR CONTENT, DAMAGE TO YOUR SOFTWARE, COMPUTER, MOBILE DEVICE OR OTHER HARDWARE, DATA BREACH OR SECURITY BREACH), REGARDLESS OF THE LEGAL BASIS APPLIED TO BRING A CLAIM, INCLUDING, BUT NOT LIMITED TO, THE THEORIES OF BREACH OF CONTRACT, TORT AND NEGLIGENCE, REGARDLESS OF WHETHER OR NOT ARCADIUS ENTERTAINMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

F. Application: THE LIMITATIONS SET FORTH IN THIS SECTION 12 SHALL APPLY EVEN IF A LEGAL REMEDY EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE FAILS OF ITS PRINCIPAL PURPOSE.

THIS SECTION 12 SHALL BE IN EFFECT EVEN AFTER THE TERMINATION OF THESE TERMS OF SERVICE.

14. Compensation / reimbursement
In the event that (i) You misuse the Service or breach these Terms of Service; (ii) You improperly or unlawfully use, access, play or receive a Service or Your Account (including use of Your Accounts by anyone other than You) or (iii) any contribution, act or omission made by You in connection with accessing or playing, receiving or using the Services, including Game Mods or UGC that You contribute, which has the effect that Arcadius Entertainment incurs liabilities, damages, losses and expenses (including attorneys’ fees and court costs), You agree to reimburse Arcadius Entertainment and its affiliates, as well as other participants in the Services, for such liabilities, damages, losses, and expenses.

If Arcadius Entertainment is sued by a third party for any of the reasons (i)-(iii) in Section 13 above, Arcadius Entertainment reserves the right to control the defense and settlement of such third party’s lawsuit and You agree to reimburse Arcadius Entertainment for defense expenses, including attorney’s fees (reasonable and documented).

This section 13 will be inforced even after the expiration of these Terms of Service.

15. Termination of Your Account by Arcadius Entertainment
Subject to Obligations Expressly Provided by Law (as that term is defined in Section 1), Arcadius Entertainment reserves the right to restrict, suspend or terminate these Terms of Service and Your Account as set forth in these Terms of Service , including the restriction, suspension and termination of licenses and/or access to or receipt, play or use of one or more of the Services.

In addition, Arcadius Entertainment reserves the right to restrict, suspend or terminate these Terms of Service and Your Account immediately and without notice to You if (i) You breach these Terms of Service; (ii) You infringe or violate the rights of third parties, including the intellectual rights of third parties; (iii) Arcadius Entertainment cannot verify or authenticate the information that You provide to It; or (iv) based on Your access to or play, receipt or use of the Services or Your activities, including, without limitation, Your actions in Games or forums, Arcadius Entertainment, in its sole discretion, considers illegal, inappropriate and/or in violation of the spirit of these Terms of Service or a Service.

Upon Arcadius Entertainment’s decision to restrict, suspend or terminate these Terms of Service, You will lose access to Your Account.

16. Dispute Resolution, Binding Arbitration and Class Action Waiver
If You reside in the EEA/United Kingdom/Switzerland/Australia/New Zealand/Turkey/Japan/Brazil, then only the first in the Section 15 graph of this will apply to You. You and Arcadius Entertainment will attempt to resolve any disputes that may arise between us in a fast and efficient way. You and Arcadius Entertainment may agree to submit any dispute to resolution procedures other than resolution in court, although, if you do not, either you or Arcadius Entertainment may refer such dispute to court at any time. The European Commission has an online dispute resolution platform: http://ec.europa.eu/consumers/odr/. If you have any issues with us, please contact contact@arcadius-entertainment.com. We will not participate in dispute resolution proceedings before a consumer arbitration board or program.

If you reside in the United States or most of the other countries (except those indicated in the section immediately above) all the conditions of section 15 below will apply to you. Please read them.

You and Arcadius Entertainment agree that all Disputes (as that term is defined below) shall be resolved only by binding individual arbitration. You and Arcadius Entertainment waive your right to bring any lawsuit before a judge or jury, but a neutral arbitrator will decide such Dispute, the decision of said arbitrator being final, and may be subject to very limited review by a court.

For the purposes of this section 15, «Arcadius Entertainment» includes its subsidiaries and each of its officers, administrators, employees and agents. The term «Dispute» means any dispute, claim, or controversy arising between You and Arcadius Entertainment arising out of or relating to the Services or any aspect of Your relationship with Arcadius Entertainment, whether based on contract, statutory rule, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent incitement or negligence), or based on any other theory of law or equity, and includes the validity, enforceability and scope of this section 15. The term » Litigation» should be understood in the broadest possible sense.

B. Small claims lawsuit / right to opt out of arbitration within 30 days: You and Arcadius Entertainment may bring a Dispute in court, and not in arbitration, only , if you choose, or (b) IF YOU EXCLUDE THE ARBITRATION WITHIN 30 DAYS AFTER THE DATE YOU SIGN THESE TERMS OF SERVICE (the “Opt-Out Period”) FOR THE FIRST TIME. To opt out, you must mail written notice to the attention of the Arcadius Entertainment LLC Legal Department to the following address: 600 Cleveland Street, Clearwater, FL (USA). The written notice must include (1) Your name, (2) Your mailing address, (3) Your username, (4) the email address associated with Your Account or Membership, and (5) a clear statement that You do not wish to resolve the Disputes by arbitration. Your opt-out will have no negative effect on Your relationship with Arcadius Entertainment. It is Your responsibility to ensure that notice of Your opt-out is received by Arcadius Entertainment, so You may prefer to send notice by a means that allows written acknowledgment. Any request for exclusion received after the maximum exclusion period will be void and You must submit Your Dispute to arbitration or small claims court.

YOU AND ARCADIUS ENTERTAINMENT AGREE THAT, EXCEPT AS PROVIDED BELOW, ALL DISPUTES AS DESCRIBED ABOVE, CURRENT OR BASED ON PAST OR FUTURE ACTIONS OR OMISSIONS, SHALL BE RESOLVED SOLELY AND FINALLY BY BINDING INDIVIDUAL ARBITRATION (AND NOT BY CLASS, CONSOLIDATED OR REPRESENTATIVE ACTIONS OR ARBITRATION), AND NOT IN COURT OR IN ANY OTHER PROCEEDING.

A. Resolution of claims before arbitration: You and Arcadius Entertainment must first give each other the opportunity to resolve the Dispute by mailing written notice of the Dispute to the attention of the Arcadius Entertainment LLC. Legal Department at the following address: 600 Cleveland Street, Clearwater, FL (USA), including (1) Your name, (2) Your postal address, (3) Your Username, (4) the email address associated with Your Account or Membership, (5) the platforms and devices You use to access the Services, (6) a written description of Your Dispute, and (7) what type of relief You are seeking. We will send You a similar notice if We have a Dispute with You. If the Dispute is not resolved within forty-five (45) days of receipt of the notice, You or Arcadius Entertainment may initiate an arbitration proceeding. You may submit Your Dispute to court, for small claims only, or if you opt out of arbitration within 30 days from the date you consented to these Terms of Service, as described below.

Arbitration procedure.
If We are unable to resolve the Dispute within 45 days of receipt of written notice of the Dispute, either You or Arcadius Entertainment may commence arbitration proceedings before the American Arbitration Association («AAA»), via this link www.adr.org. If You reside in North America, or with the International Center for Dispute Resolution (“ICDR”), use the link www.icdr.org and if You reside elsewhere, in English language and before a single arbitrator. The arbitration will be an individual action and not a class, consolidated, or representative arbitration. The arbitrator will have exclusive jurisdiction to decide all matters relating to Section 15, including, without limitation, its own jurisdiction, whether we agree to arbitrate any specific claim or ambiguities set forth in this Section 15. However, if any person asserts that the parties agreed class, consolidated, or representative arbitration, the court will rule on that issue.

In AAA Disputes for amounts less than USD$75,000, the AAA Consumer Arbitration Rules will apply; and, in Disputes for amounts equal to or greater than USD$75,000, the AAA’s Commercial Arbitration Rules will apply. The ICDR rules will apply to Disputes filed before this entity. The AAA and ICDR rules are available at www.adr.org and www.icdr.org or by calling 1-800-778-7879. This Agreement will govern if it conflicts with the AAA or ICDR rules. Subject to the class action waiver in subsection 15(C)(vii), below, under no circumstances shall class action rules or procedures apply to arbitration.

Given that the Services and these Terms of Service involve interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply the applicable substantive law that is consistent with the FAA and the corresponding provisions applicable to limitations and/or conditions precedent to litigation.

Arbitration award.
The arbitrator may award you on an individual basis any damages or other relief that may be awarded by a court under applicable law and this Terms of Service, but is not authorized to award such relief to persons who are not parties to the arbitration. Neither against them nor for their benefit. The arbitrator may not award injunctive or declaratory relief that would affect how You or Arcadius Entertainment treats non-parties (sometimes called “public injunctive relief”). The arbitrator will make a written award, but will not need to explain your reasons unless You or Arcadius Entertainment so request, although such explanation will have no precedent value. The award will be final and binding on the parties, subject to review pursuant to the FAA, and may be entered in a court having jurisdiction over the parties for enforcement.

Venue of the arbitration
If You reside in North America, You or Arcadius Entertainment may initiate arbitration in Clearwater, FL (USA), or the judicial district where the address You provided in the written notice during Pre-Arbitration Claim Resolution belongs. If You do not reside in North America, the arbitration will be held, depending on the option you choose, in London (England), Vancouver (Canada); Barcelona (Spain), or another large city, such as the provincial forum of the county or country where you live.

Payment of arbitration costs
Arcadius Entertainment will pay all filing fees for arbitration and the arbitrator’s fees and expenses provided that You have sent the written notice prior to initiating the arbitration or as provided by applicable law or arbitration rules. You will be responsible for all additional expenses you incur during the arbitration, including attorneys’ fees and expert witness testimony. As for the sentence on costs, it will be in accordance with what is established in the current legislation. In addition to rights to recover costs under applicable law, if You promptly notify Arcadius Entertainment and deal in good faith with Arcadius Entertainment as set forth in the subsection entitled «Pre-arbitration Claim Resolution» and the arbitrator concludes that You are the prevailing party in the arbitration, You will be entitled to reasonable attorneys’ fees and expenses as determined by the arbitrator.

Class Action Waiver
Any arbitration proceeding initiated pursuant to this Section 15 shall be conducted only on an individual basis and not in a class, joint, consolidated, private prosecution, or representative action, and no arbitrations may be joined without the consent of all parties. If You bring Your Dispute to court, excluding Yourself as specified in Section 15(b) above, this Class Action Waiver will not apply to You. Neither you, nor any user of the Services, nor any other person, may be a class representative, class member, or otherwise participate in any class, joint, private prosecution, or representative proceeding without complying with these exclusion requirements.

Waiver of jury and court
You understand and agree that by entering into these Terms of Services between You and Arcadius Entertainment they are waiving the right to a trial by jury or before a judge in a public court. In the absence of this section 15, both You and Arcadius Entertainment would have had the right to bring Disputes in court, before a judge or jury and/or to participate in or be represented in cases brought in court by others (including class actions). Those rights are waived. In addition, other rights you may have in court, such as the right to appeal or certain types of action, will be limited or waived in arbitration.

Sanitation: If anything in this section 15 (except for Class Action Waiver subsection 15(C)(vii) above) is found to be illegal or unenforceable, it will be severed from this section and the other provisions of that section will apply fully valid and effective. If the prohibition of public measures is considered illegal or unenforceable, it will be removed and, if the arbitrator concludes as the final award that a party is responsible, a court will then consider the request for public injunctive measures, as a solution to the responsibility concluded by the arbitrator. If the Class Action Waiver is found to be unlawful or unenforceable, all of Section 15 will be unenforceable and the Dispute will be resolved by a court.

Continuation: This section 15 will be in effect even after the expiration of these Terms of Services and the termination of your use of the Services.

Waiver of Dispute Resolution and Modifications to Arbitration: Notwithstanding Arcadius Entertainment’s right to modify these Terms of Service, Arcadius Entertainment shall have no right to alter, amend, modify, or revoke this Section 15 (Dispute Resolution, Binding Arbitration, and Class Action Waiver) without prior notice to You and give you the opportunity to waive the alteration, amendment, modification or revocation. You may opt out of any changes we make to this Section 15 (except for changes in address) by sending us notice within 30 days of the change by US mail (or Your country’s postal service) at the address provided in this Clause 15(B). If you do so, the most recent version of Clause 15 prior to the change will apply. Please include (1) your full name, (2) your mailing address, (3) your username, (4) the email address associated with Your Account or Membership, and (5) an unequivocal statement that You waive the variations of Clause 15.

17. Unsolicited Material
Arcadius Entertainment has a policy of not accepting or considering unsolicited material, ideas or suggestions of any kind. Please do not send us any unsolicited material, as no one at Arcadius Entertainment will consider it. Arcadius Entertainment will treat any unsolicited material you send us as non-confidential and will not be responsible for any use or disclosure thereof.

If You submit creative material, including feedback, creative suggestions, bug fixes, ideas, notes, drawings, creative designs, storylines, music, concepts, data, or other Content that is not UGC or a Game Mod, through the Services, the Websites, the United States Postal Service, mail, electronic mail or any other means (collectively, the «Information»), such material and communications shall be considered, to the fullest extent permitted by law, the property of Arcadius Entertainment, therefore You assign and agree to assign to Arcadius Entertainment full and unlimited ownership of such Information. No Information will be subject to any obligation of confidentiality on the part of Arcadius Entertainment; therefore, Arcadius Entertainment will not be liable to You for the use of the Information or its disclosure. Arcadius Entertainment will be the exclusive owner, throughout the world and in any medium, of any rights known at that time or in the future over the Information of any type and nature and will have the right to use and exploit it without any type of restriction for any purpose, commercial or otherwise, without obligation to indemnify or request Your authorization.

18. Intellectual property violation
Arcadius Entertainment respects the intellectual property rights of others, and therefore requires that all those who access, play, receive, purchase or use its Services do the same. Arcadius Entertainment will terminate the Account and access to, receipt, play or use of the Services of any user who commits acts of intellectual property infringement. You may not access, play, receive or use the Services to transmit material, and by accessing or using the Services, you agree not to transmit material: (i) protected by copyright, unless you are the owner of those rights or have obtained the permission of its owner to transmit it; (ii) that discloses trade secrets, unless You are the owner or have obtained permission from the owner to transmit it; or (iii) that violates the intellectual property rights, as defined below, or the rights of privacy or publicity of others. In these Terms of Service, the term «Intellectual Property Rights» means, collectively, the rights protected by patent, trademark, copyright and trade secret law, as well as other recognized intellectual property or proprietary rights in another country or international jurisdiction, including moral and similar rights.

If You believe that any Content on the Services has been copied in a way that constitutes copyright infringement, please send a written communication that includes the following information to the Copyright Agent designated below (see Your attorney and/or or see Section 512[c][3] of the Digital Millennium Copyright Act (DMCA):

A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is claimed to have been infringed.
Identification of the copyrighted work that has been infringed or, if a single notification covers multiple copyrighted works from a single website, a representative list of works from the site.
Identification of the material that is infringing or that is the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit the service provider to locate the material. Providing URL addresses in the body of an email is the best way to help us locate Content quickly.
Sufficient information to allow the service provider to contact the complaining party, such as address, telephone number and, if available, email address.
A statement that the complaining party has good faith in believing that use of the material is not authorized by the copyright owner or its agent, or is prohibited by law.
A statement that the information in the notification is accurate, under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of the exclusive right that is claimed to have been infringed.
Email: legal@arcadius-entertainment.com.

If You believe that any Content on the Services has been used in a way that constitutes intellectual property rights infringement or misuse, please submit a written communication, in accordance with the above procedure, describing the alleged infringement or misuse. Arcadius Entertainment will notify You if You remove or disable access to copyrighted material You provide, if such removal is in accordance with a valid DMCA takedown notice Arcadius Entertainment has received. If You receive such a notice from Arcadius Entertainment, You must provide a written counter-notification to Arcadius Entertainment’s designated agent that includes the following:

Your physical or electronic signature.
Identification of the material that has been removed or access to which has been disabled and the location where the material appeared prior to such removal or access being disabled.
A statement by you, under penalty of perjury, that you have a good faith belief that the material has been removed or disabled as a result of confusion or misidentification of the material to be removed or disabled.
Your name, physical address, and telephone number, as well as a statement that You submit to the jurisdiction of a court in the judicial district of Your physical residence or, if located outside of the United States, in any judicial district where Arcadius Entertainment is located, and accepts notifications from the person who issued the notification alleging the infringing material or from such person’s agent.
Arcadius Entertainment may, but is not required to, follow a similar procedure if it removes or disables any Content suspected of violating or misusing any intellectual property right other than copyright.

19. General conditions
No third party has rights or actions. You agree that these Terms of Service (including any Additional Terms) and Arcadius Entertainment’s performance thereof are not intended to and do not grant any right or action to anyone other than You, Arcadius Entertainment, Arcadius’ licensors and Distributors of Arcadius Entertainment, and Arcadius Entertainment Affiliates.
Sanitation: Notwithstanding anything expressly provided to the contrary in Section 15, if any part of these Terms of Service is held invalid or unenforceable, that part shall be construed consistent with applicable law to reflect, as nearly as possible, the original intentions of said part; the other parts of these Terms of Service will remain fully valid and effective.
Resignation: The failure of Arcadius Entertainment to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision. Waivers of any provision of these Terms of Service will be effective only if expressly acknowledged in a writing signed by Arcadius Entertainment.
20. Applicable legislation.
If You reside in North America, these Terms of Services and all Disputes (as defined in Section 15) shall be governed by the laws of Your state or province, excluding its choice of law and/or conflict of law rules. The effect would be that the law of another country or state would apply, unless the US Federal Arbitration Act governs the arbitration. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Electronic Transactions Act (UCITA) will not apply.
If You do not reside in North America, subject to applicable mandatory local laws in Your country, these Terms of Services and all Disputes (as that term is defined above in Section 15) shall be governed by the laws of Your country, state, or province, excluding its conflict of law rules which would have the effect that the law of another country, province or state would apply, unless the US Federal Arbitration Act governs the arbitration. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
21. Full contract
These Terms of Service (including those set forth in the EULA for the Games and any Additional Terms) constitute the entire Agreement between You and Arcadius Entertainment for the Services. These Terms of Service supersede any prior or simultaneous agreement or representation, written or verbal, in relation to the subject matter of these Terms of Service.

In the event of a direct inconsistency between the particular terms and conditions of these Terms of Service, the EULA, and any Additional Terms applicable with respect to a particular Game or Service, the terms and conditions will govern use, play, receipt, and access for Your part of such Game or Service, according to the following hierarchy, unless Section 15 (Dispute Resolution, Binding Arbitration and Class Action Waiver) hereof prevails over any conflicting terms or conditions:

(A) in the case of a specific Game: (i) the EULA, terms of service/use, or other Additional Terms for that Game, (ii) the Code of Conduct for that Game (if any), (iii) the beta agreement in effect for such Game, (iv) any confidentiality agreement in effect for such Game, and (v) these Terms of Service, and (B) in the case of any Service, whether related to a Game or not (subject to the provisions of (A) above: (i) these Terms of Service, (ii) the Code of Conduct (if any)). Arcadius Entertainment will be the final and exclusive arbiter for the interpretation of any possible inconsistencies.

Notwithstanding the foregoing, and with respect to tournaments sponsored by Arcadius Entertainment, if the tournament rules or the terms of an Arcadius Entertainment contract relating to the particular tournament directly conflict with the particular terms and conditions of these Terms of Service or any applicable Additional Terms, the applicable tournament rules and the terms of the tournament contract will control solely for the purposes of the specific tournament and for no other purpose.

Also, in relation to contests, if the rules of the specific contest directly conflict with the particular terms and conditions of these Terms of Service or any Additional Conditions, the applicable rules of the contest will prevail only for the purposes of the specific contest and to no other effect.

In addition, Arcadius Entertainment’s Privacy Policy, which can be viewed at www.arcadius-entertainment.com/legal_privacy, sets forth how Arcadius Entertainment and its associated companies and affiliates collect, use, disclose, and otherwise process Your personal data. related to our Services. Contact us.

22. Notice to California Residents
Pursuant to California State Civil Code Section 1789.3, (a) Arcadius Entertainment’s registered office is located at 600 Cleveland Street, Clearwater, FL, (b) the Services, content and information are published pursuant to ordering process for this website (please refer to Your individual purchase confirmation email for charges incurred by You for accessing, playing, receiving or using the Services) and (c) whether You wish to express If you have any complaints about the Services or for more information about accessing or playing, receiving or using any Service, you should visit the Arcadius Entertainment Customer Service web pages (help.arcadius-entertainment.com). In case of complaints, you can also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs.

23. Notice to Residents of the EEA/Switzerland
If You are an EEA/Swiss customer who purchases Services or Content from ZEL and they are not delivered digitally to You immediately, You may cancel Your applicable purchase agreement within fourteen (14) days without giving reasons. The cancellation period will expire fourteen (14) days from the date of conclusion of the contract. To exercise the right to cancel, You must inform Arcadius Entertainment Customer Support at help.arcadius-entertainment.com of Your decision to cancel the contract, by making a clear statement to the effect (for example, by letter, fax or email). To comply with the cancellation period, it will be sufficient for you to send the relevant communication before the cancellation period expires. If you cancel the contract, Arcadius Entertainment will refund all payments we have received from you. Arcadius Entertainment will make the refund without undue delay, within fourteen (14) days from the date on which Arcadius Entertainment is notified of Your decision to cancel the contract, by the same means of payment that You used in the initial operation, unless you expressly tell us otherwise. In any case, you will not incur any expenses as a result of the reimbursement. Your right to withdraw from the transaction will be in addition to Your other rights as a consumer. VERY IMPORTANT: If You are an EEA/Swiss customer who purchases Services or Content from Arcadius Entertainment and they are delivered digitally to You immediately, Your consent will be sought for the immediate execution of Your applicable purchase agreement and Your acceptance in the sense of that You therefore lose Your right to withdraw as described above.

24. Contact us
If you have any questions about these Terms of Service or need to contact Arcadius Entertainment for any other reason, you may contact us at

Last updated: December 20, 2022

Bookmark www.arcadius-entertainment.com/legal-terms and check back regularly for updates to the Terms of Service.

Website: https://kingdomsofereloth.com/contact-us/

600 Cleveland Street, Clearwater, FL, USA.