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END USER LICENSE AGREEMENT
Last Updated: June 22, 2026
PLEASE READ THIS END USER LICENSE AGREEMENT (THIS “AGREEMENT”) CAREFULLY. BY ACCESSING OR USING OUR GAMES OR SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR GAMES OR SERVICES.
THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION AND A CLASS ACTION WAIVER (SECTION 20) WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. ACCORDINGLY, YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
SUMMARY. The following list is a plain-language summary of this Agreement. This summary is provided for your convenience only. It is not part of the Agreement and is not legally binding. If anything here appears to differ from the full terms herein, the full terms control.
• You're licensing the game, not buying it. You get a personal, limited right to play. You can't copy, sell, rent, modify, reverse-engineer, cheat in, or run unauthorized servers for the game.
• You need to be an adult. If you're under the age of majority where you live, a parent or guardian must agree on your behalf.
• Your data. We collect gameplay and other information. How we handle it is explained in our Privacy Policy.
• Your content and feedback. Content you post in the game is licensed to us broadly. Any feedback or suggestions you send us become our property.
• Purchases. Fees and in-game purchases may carry additional terms, and payments generally aren't refundable except where the law requires.
• We can change or discontinue things. We may update, modify, or shut down the game or these terms; if you keep playing after we update the terms, you accept the changes.
• "As is," with limited liability. The game is provided as-is with no warranties, and our total liability to you is capped (generally the greater of $100 or what you paid us in the past 12 months).
• Disputes go to arbitration. Most disputes are resolved by individual binding arbitration, not court. You waive jury trials and class actions. Where you live may determine which rules, location, and laws apply.
This End User License Agreement (this “Agreement”) is a contract between you and Skydance Interactive, LLC, a Paramount Skydance company (“Paramount”) and applies to your access to, and use of, the game in which this Agreement appears (or if posted online, the game referenced above), including, without limitation, any multi-player, online, or downloadable portions thereof and any related written or electronic documentation or content (the “Game”). The Game is licensed, not sold, and this Agreement confers no title or ownership to the Game or any copy thereof. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with Paramount for other products or services. Any changes, additions, or deletions by you are expressly rejected by Paramount.
Additional terms provided by us (including, but not limited to, posted fees, billing procedures, and promotion rules) may apply to particular functionalities and features that are part of the Game. Unless otherwise indicated, any additional applicable terms are incorporated by reference into this Agreement. In the event of a conflict between this Agreement and any additional terms, the additional terms shall govern with respect to such particular functionalities and features.
Our Privacy Policy describes how we handle the information you provide to us through the Game. For an explanation of our privacy practices, please visit our Privacy Policy located at https://privacy.paramount.com/en/policy.
1. CONTRACTING PARTY. Any reference to “Paramount”, “We”, or “Us” in this Agreement is to be understood as a reference to Skydance Interactive, LLC, or any of its affiliates.
2. PRECONDITIONS OF THE LICENSES. The licenses granted in this Agreement are specifically conditioned upon the following and your full compliance with all other terms and conditions set forth in this Agreement:
(a) You have reached the age of majority in your jurisdiction. If you are under the age of majority in your jurisdiction, your parent or legal guardian must agree to be bound by this Agreement and any applicable additional terms;
(b) You agree to and comply with all of the terms in this Agreement (including its dispute resolution terms), and any additional terms as may be applicable to the Game;
(c) Your access to, and use of, the Game is subject to certain security measures, including, without limitation, registering the Game with a serial code, having continuous access to the Internet, and accepting certain security/digital rights management features. Failure to accept and fully-comply with such security measures may partially or completely impair your use of the Game;
(d) Your access to, and use of, the Game is in accordance with all applicable local, state, national, and foreign laws and regulations;
(e) You access and use the Game only on local machines, running validly licensed copies of operating systems on which the Game was designed to operate (the “Hardware”);
(f) You have accepted and are in compliance with all terms and conditions applicable to the Hardware, including any terms of such platform regarding the checkout process.
3. LIMITED USE LICENSE.
(a) Subject to the terms of this Agreement and your compliance with these terms, we grant you a nonexclusive, nontransferable, revocable, limited license to use the Game for the term of the Agreement in your country of residence, on Hardware that you own or control and solely as permitted by the applicable platform usage rules or terms of use (if any). Any updates, supplements or replacements to the original Game are governed by this Agreement unless separate license terms accompany such update.
(b) The preceding states the entirety of your rights with respect to the Game, and we reserve all rights in and to the Game not expressly granted to you in this Agreement. Without limiting the foregoing, you will not do, or authorize or permit any third party to do, any of the following:
(i) Sell, distribute, copy, license, sublicense, rent, or otherwise transfer the Game or grant a security interest in or transfer reproduction of the Game to other parties (except as expressly permitted by this license or the applicable platform usage rules);
(ii) Use or allow any other person or entity to use the Game for any purpose other than your own personal, noncommercial use;
(iii) Reverse engineer, decompile, disassemble, or attempt to discover the source code for the Game;
(iv) Copy, reproduce, modify, alter, or create any derivative works based upon, in whole or in part, the Game;
(v) Remove, alter, or obscure any copyright, trademark, or other proprietary rights notice incorporated in or attached to the Game;
(vi) Use the Game for purposes for which it is not designed;
(vii) Collect, generate or advance accounts or in-game resources, items or currency in exchange for payment or for sale outside of the Game;
(viii) Use the Game on any Hardware that you do not own or control;
(ix) Use any third-party program that intercepts, mines or otherwise collects information or data from or through the Game not intended for display during normal (as intended) use, that redirects any communication between the Game and Paramount, or that reads areas of memory used by the Game to store information about the Game;
(x) Disrupt or assist in the disruption of any device used to support the Game or any other player’s experience (which may also be a violation of criminal and civil laws);
(xi) Host, provide, develop, facilitate, create or maintain any unauthorized connection or matchmaking services for the Game for any purpose (e.g. play over the internet), or to intercept, emulate, or redirect communications or communication protocols used by or directed to or from Paramount, or connect to the Game using programs or tools that have not been provided or expressly approved by Paramount;
(xii) Circumvent, or attempt to circumvent, any security measures in the Game; or
(xiii) Attempt to obscure or mask your region when accessing any online features of the Game.
4. FEEDBACK. Any feedback, comments, or suggestions you may provide to us regarding or relating to the Game (collectively “Feedback”) is entirely voluntary. You acknowledge and expressly agree that Feedback becomes the sole and exclusive property of Paramount. You hereby assign to Paramount any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, moral rights, and any and all other intellectual property right) that you may have in and to any and all Feedback.
5. TECHNICAL REQUIREMENTS. Use of the Game requires certain equipment, software and/or internet connectivity, and you agree that you are solely and entirely responsible for paying all costs and fees associated with attaining, maintaining, servicing and repairing such equipment, software and internet connectivity. You understand that the equipment, software and connectivity required to use the Game may change over time as the Game evolves. You agree that Paramount will have sole discretion as to what changes to the requirements are necessary to keep using the Game. You agree that, in such an event, you will be solely responsible for acquiring any necessary additional or different equipment, software and internet connectivity required.
6. OWNERSHIP. The Game and all content (other than User Content, if applicable and as defined below) and other materials in the Game or available through the Game, including, without limitation, the Paramount logo, and all accounts, titles, computer code, themes, objects, artifacts, characters, character names, character likenesses, character inventories and profile information, locations, location names, stories, storylines, dialogue, catch phrases, concepts, artwork, graphics, structural and landscape designs, animations, sounds, musical recordings and compositions, audiovisual effects, methods of operation, moral rights, applets, chat transcripts, recordings and broadcasts of games and any related documentation (collectively the “Game Content”) are the property of Paramount or its licensors and are protected by copyright and other intellectual property laws, treaties, and conventions. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any Game Content.
All game titles, logos, characters, and other distinctive brand features associated with the Game are trademarks or registered trademarks of Paramount or Paramount affiliates. These and all other trademarks, service marks, and trade names used by or in connection with the Game are proprietary rights owned by Paramount or its licensors.
You agree you will not create any work of authorship based on the Game or Game Content and that you will not use any of Paramount’s trademarks, service marks, tradenames, logos, domain names, taglines, or trade dress for any purpose, except as expressly permitted by Paramount in writing.
The Game Content includes materials licensed from third parties, who may seek to enforce their rights in the event you violate the terms of this Agreement.
7. USER-GAMEPLAY INFORMATION. The term “User Gameplay Information” means any information relating to your play or use of the Game, namely gameplay logs, including things like story decisions, combat decisions, deaths, in-game locations players have visited, party and character customization decisions.
You acknowledge and agree that Paramount may collect, store and share User Gameplay Information collected from you, both as an individual and aggregated with the User Gameplay Information of other users of the Game. User Gameplay Information will be aggregated or anonymized where required. In addition, you acknowledge and agree that Paramount may analyze and use such aggregated or anonymous User Gameplay Information for the purposes of review, research, development, maintenance, operation, administration, and support, and the marketing of Paramount products and services.
8. TERM.
(a) Subject to your satisfaction of the preconditions set forth in Section 2, this Agreement will remain in full force and effect while you use the Game. You may terminate this Agreement with or without cause at any time by deleting or destroying all copies of the Game in your possession, custody, or control. We may terminate this Agreement with or without cause at any time with reasonable prior notice. Paramount shall not be liable to you or any third party for termination of your use of the Game.
(b) Without limiting any other rights of Paramount, if you fail to comply with the terms and conditions of this Agreement, Paramount retains the right to immediately limit, suspend, or terminate your license to the Game.
(c) Upon termination of this Agreement: (i) your license to the Game shall cease immediately and (ii) except where required by applicable law, you will not be entitled to a refund of any fees, including any unused fees, if any.
(d) Sections 1, 4, 6, 7, 8(d), 9, 13, 14, 15, and 16 – 27 shall survive termination of this Agreement.
9. MODIFICATION OF THE GAME. Paramount reserves the right to modify, update or discontinue, temporarily or permanently, the Game or any features or portions thereof at any time without prior notice. You acknowledge that your use of the Game does not confer on you any interest in any aspect or feature of the Game, including but not limited to any in-game content, such as rewards or achievements. You agree that Paramount will not be liable for any modification, update, or discontinuance of the Game or any part thereof.
10. CONTENT. The Game has received minimum age ratings (e.g. PEGI, ESRB) based on its content and contains scenes and images of violence that some may find disturbing. If you are sensitive to such content or such content is a trigger for you, please be aware of this before you begin playing the Game.
The Game may contain flashing lights and images, which may induce epileptic seizures. If you or anyone in your household has an epileptic condition, please consult your doctor before playing. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing the Game, immediately discontinue use and similarly consult your doctor.
11. INTENTIONALLY DELETED.
12. INTENTIONALLY DELETED.
13. USER CONTENT. By posting any communication, information, intellectual property, material, messages, photos, graphics, videos, URLs, and other items or content to the Game (“User Content”), to the extent permitted by applicable local law, you hereby grant Paramount a non-exclusive, royalty-free, fully transferable and sub-licensable worldwide license for the whole duration of the applicable legal protection of intellectual rights to use the User Content in connection with the Game and related goods and services including the rights to reproduce, copy, adapt, modify, perform, create derivative works from, display, publish, broadcast, transmit, or otherwise use, distribute, exploit and communicate to the public by any and all means and media whether now known or hereafter devised without any further notice or compensation of any kind to you. To the extent permitted by applicable law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Paramount’s and other players’ use and enjoyment of such assets in connection with the Game and related goods and services under applicable law. The license grant to Paramount survives any termination or revocation of this Agreement.
14. ONLINE CONDUCT. Unless through the intentional fault or gross negligence of Paramount, Paramount is not responsible or liable for the conduct of any users, whether or not such conduct relates to the access or use of the Game. Paramount may suspend or terminate your access to the Game at any time if you violate the terms of this Section 14 or any other terms and conditions of this Agreement. Paramount may review any User Content that is uploaded, published, stored, or displayed on the Game (hereinafter, “posted”) provided that in the case of User Content shared as a part of any private message within the Game, Paramount will not screen or review such content unless at least one party to the communication grants its consent (e.g. by reporting the message to Paramount as objectionable). Paramount reserves the right to delete, or refuse to publish and/or remove any User Content. Although Paramount does not regularly screen, edit, or monitor any of the User Content posted on the Game, Paramount reserves the right, and has absolute discretion, to remove, screen, or edit any User Content posted through the Game if Paramount determines in its reasonable discretion that such User Content violates this Agreement and/or any third party right, applicable law, rule, or regulation. You may not use the Game if you have previously been suspended or removed from the Game. You are solely responsible for any User Content that you post or transmit to any users or third parties. Specifically, you agree not to do, attempt to do, or cause another to do any of the following in connection with the Game:
(a) Post any User Content that is unlawful, libelous, defamatory, offensive, obscene, pornographic, indecent, vulgar, lewd, sexually explicit, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent; promotes or encourages any illegal or other antisocial activity, including hacking; promotes racism, bigotry, hatred, or physical or other harm of any kind against any group or individual or is otherwise objectionable;
(b) Post any User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any person or entity;
(c) Engage in commercial activities or commercial sales, including transmission of any commercial advertisements or solicitations;
(d) Enter, disclose or disseminate any personal information about anyone (including you);
(e) Impersonate any person or entity, including any Paramount officials, forum leaders, guides, hosts, employees, or agents, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(f) Impede or disrupt the Game or the normal flow of Game play or dialogue or use vulgar language, abusiveness, excessive shouting (e.g., ALL CAPS), “spamming,” or any other disruptive or detrimental methods that disturb other users of the Game;
(g) Use or exploit any bugs, errors, or design flaws to obtain unauthorized access to the Game, to gain an unfair advantage over other players, or to cheat or utilize unauthorized exploits in connection with the Game, including but not limited to accessing portions of the Game that you are not authorized to access and using any bots, emulators, or other unauthorized third party tools;
(h) Do anything that interferes with the ability of other users to enjoy playing the Game in accordance with its rules or that materially increases the expense or difficulty of Paramount or the platform provider in maintaining the Game for the enjoyment of all its users;
(i) Intentionally disconnect from the network during online play or allow yourself to be defeated by a given player repeatedly to help boost their rankings or win counts in the Game;
(j) Otherwise violate the terms of this Agreement, other policies communicated by Paramount, or creates liability for Paramount.
15. COPYRIGHT POLICY. If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing in the Game have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
(a) Identification of the copyrighted work that is claimed to be infringed;
(b) Identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Game;
(c) Information for our copyright agent to contact you, such as an address, telephone number and e-mail address;
(d) A statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
(e) A statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
(f) The physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
Notices of copyright infringement claims should be sent by mail to: Skydance Interactive, LLC, Attn: Legal Department, 2900 Olympic Blvd, Santa Monica, CA 90404; with a copy by e-mail to legalnotices@paramount.com. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
A user of the Game who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.
16. THIRD-PARTY CONTENT. Content from any users, advertisers, or other third parties may be made available to you through the Game. Because we do not control third-party content, you agree that unless due to intentional fault or gross negligence of Paramount, we are not responsible for any third-party content, make no guarantees about the accuracy or quality of the information in third party content; and assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful third-party content. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Paramount, except where expressly stated by Paramount.
17. DISCLAIMER. YOUR ACCESS TO AND USE OF THE GAME IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT THE GAME IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT PARAMOUNT AND ITS LICENSORS AND SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE GAME OR ANY INCOMPATIBILITY AMONG THE GAME, OTHER SERVICES, AND HARDWARE. PARAMOUNT DOES NOT WARRANT THE SAFETY OF THE GAME OR THE STABILITY OF ITS OPERATION. PARAMOUNT MAKES NO WARRANTY OR REPRESENTATION AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR: (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE GAME; (B) ANY HARM TO YOUR HARDWARE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE GAME; (C) THE OPERATION OR COMPATIBILITY WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE; AND (D) WHETHER THE GAME WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, PARAMOUNT AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS OR IMPLIED AND ARISING BY LAW OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PARAMOUNT OR THROUGH THE GAME, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN.
PARAMOUNT TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH THE GAME. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH PARAMOUNT WILL BE RESPONSIBLE FOR.
AS A SERVICE TO YOU, PARAMOUNT MAY INCLUDE WITH THE GAME THIRD-PARTY DRIVERS OR OTHER SOFTWARE UTILITIES OR INTELLECTUAL PROPERTY INTENDED TO ASSIST YOU WITH INSTALLING OR OPERATING THE GAME (COLLECTIVELY, “DRIVERS”). PARAMOUNT SPECIFICALLY DISCLAIMS ANY WARRANTIES RELATING TO THE DRIVERS, AND YOU AGREE THAT YOUR USE OF THE DRIVERS IS AT YOUR OWN RISK. THE DRIVERS ARE NOT PART OF THE GAME AND SHALL NOT BE GOVERNED BY THE TERMS OF THIS AGREEMENT, EXCEPT FOR THIS DISCLAIMER.
Some jurisdictions do not allow the disclaimer of implied terms nor the exclusion or limitation of warranties or guarantees in contracts with consumers, so some or all of the disclaimers in this section may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions.
18. INTERNET. YOU ACKNOWLEDGE AND AGREE THAT PARAMOUNT IS NOT RESPONSIBLE OR LIABLE FOR ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING, OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE GAME IN AN ACCURATE OR TIMELY MANNER. Further, Paramount cannot and does not promise or ensure that you will be able to access the online, multi-player, or downloadable portions of the Game whenever you want, and there may be extended periods of time when you cannot access such portions of the Game. Paramount does not ensure continuous, error-free, secure, or virus-free operation of any online, multi-player, or downloadable portions of the Game or continued operation or availability of any given server.
19. LIMITATION ON LIABILITY. IN NO EVENT SHALL PARAMOUNT OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR OTHER PARTNERS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, DATA OR PROFITS OR ANY OTHER DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE GAME, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THIS AGREEMENT OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE GAME OR THIS AGREEMENT AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF PARAMOUNT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. PARAMOUNT’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID PARAMOUNT, IF ANY, IN THE PAST TWELVE (12) MONTHS FOR THE GAME GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THIS SECTION 19 DOES NOT LIMIT ANY MANDATORY OR STATUTORY GUARANTEES THAT CANNOT BE LIMITED BY CONTRACT UNDER THE LAWS OF YOUR LOCAL JURISDICTION.
20. DISPUTE RESOLUTION.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN JAMS (JAMS MEDIATION, ARBITRATION AND ADR SERVICES) RULES AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
YOU AGREE TO RESOLVE ANY DISPUTES BETWEEN US THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF THROUGH COURT PROCEEDINGS. YOU WAIVE YOUR RIGHT TO ANY JURY TRIAL OF ANY CLAIM. YOU MAY NOT ACT AS A CLASS REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL, NOR PARTICIPATE AS A CLASS MEMBER OF ANY CLASS CLAIMANTS WITH RESPECT TO ANY CLAIM. CLAIMS MAY NOT BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS.
If you have any dispute with or claim against us or any of our affiliates, or if we have a dispute with or claim against you, in either case arising out of or relating to this Agreement or the Game, (a “Claim”), and the Claim is not resolved by contacting our Customer Service department at Contact@thegameplaygroup.com and legalnotices@paramount.com, you and we each agree to attempt to resolve such Claim first through informal negotiation.
Before you or we commence an arbitration or file a small claims court action with respect to a Claim, you must first send to Paramount a written notice of your Claim or we must send a written notice of our Claim to you (“Notice”). Your Notice must (1) be sent by certified mail; (2) be addressed to: Skydance Interactive, LLC, Attn: Legal Department, 2900 Olympic Blvd, Santa Monica, CA 90404; with a copy by e-mail to legalnotices@paramount.com; (3) describe the nature of your Claim; and (4) specify the damages or other relief you seek. If we and you do not then resolve the Claim within 30 days after you receive a Notice of Receipt of the Claim, either you or we may commence an arbitration or file a small claims court action to resolve the Claim.
IF YOU ARE LOCATED IN THE U.S.:
If we do not resolve the Claim through informal negotiation, the Claim shall be resolved through binding arbitration or an individual action in small claims court in the U.S. county (or parish) of your residence or in Manhattan, New York. If neither of us chooses to resolve the Claim in small claims court, or the small claims court determines that it lacks jurisdiction to resolve the Claim, the Claim must be resolved solely and exclusively by binding arbitration. Class arbitrations and class actions are not permitted under any circumstances. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action or class arbitration.
Any such arbitration shall be administered by the JAMS Mediation, Arbitration and ADR Services (“JAMS”) in accordance with the JAMS Comprehensive Arbitration Rules and Procedures, as modified by the JAMS Consumer Arbitration Minimum Standards (the “JAMS Rules”). Contact information for JAMS, as well as copies of the JAMS Rules and applicable forms, are available at http://www.jamsadr.com. In circumstances in which the JAMS Rules provide for an in-person hearing, such hearing will take place in the U.S. county (or parish) of your residence, or otherwise in Manhattan, New York. Payment of the parties’ costs and fees owed to JAMS will be determined by the JAMS Rules and fee schedule and will be subject to any limitations on the costs and fees owed by you under the JAMS Consumer Arbitration Minimum Standards. You and we agree that, under JAMS Comprehensive Rule 6(e), any arbitration commenced by you or by us shall be consolidated with any other arbitration(s) submitted to JAMS if and only if the arbitrations: (a) involve the same legal claims or causes of action; (b) involve common issues of fact and law; (c) were filed by the same attorney(s) or law firm; and (d) are at a similar procedural stage. However, class or representative arbitrations are not permitted under any circumstances.
IF YOU ARE LOCATED IN THE ASIA-PACIFIC REGION:
If we do not resolve the Claim through informal negotiation, the Claim shall be resolved through binding arbitration in Singapore, Singapore. Class arbitrations and class actions are not permitted under any circumstances. You and we agree that we are each waiving the right to a trial by jury or to participate in a class action or class arbitration.
Arbitration shall be governed by the Rules of Arbitration of the International Chamber of Commerce (“ICC”) in effect at the time the arbitration is commenced. The arbitration shall be conducted in English. Payment of the parties’ costs and fees owed to the ICC will be determined by the Rules of Arbitration of the ICC in effect at the time the arbitration is commenced. You and we agree that any arbitration commenced by you or by us shall be consolidated with any other arbitration(s) submitted to the ICC if and only if the arbitrations: (a) involve the same legal claims or causes of action; (b) involve common issues of fact and law; (c) were filed by the same attorney(s) or law firm; and (d) are at a similar procedural stage. However, class or representative arbitrations are not permitted under any circumstances.
IF YOU ARE LOCATED OUTSIDE OF THE U.S. OR THE ASIA-PACIFIC REGION:
If we do not resolve the Claim through informal negotiation, the Claim shall be resolved through binding arbitration in London, England. Class arbitrations and class actions are not permitted under any circumstances. You and we agree that we are each waiving the right to a trial by jury or to participate in a class action or class arbitration.
Any such arbitration shall be administered by JAMS in accordance with the JAMS Rules. Contact information for JAMS, as well as copies of the JAMS Rules and applicable forms, are available at http://www.jamsadr.com. In circumstances in which the JAMS Rules provide for an in-person hearing, such hearing will take place in London, England. Payment of the parties’ costs and fees owed to JAMS will be determined by the JAMS Rules and fee schedule and will be subject to any limitations on the costs and fees owed by you under the JAMS Consumer Arbitration Minimum Standards. You and we agree that, under JAMS Comprehensive Rule 6(e), any arbitration commenced by you or by us shall be consolidated with any other arbitration(s) submitted to JAMS if and only if the arbitrations: (a) involve the same legal claims or causes of action; (b) involve common issues of fact and law; (c) were filed by the same attorney(s) or law firm; and (d) are at a similar procedural stage. However, class or representative arbitrations are not permitted under any circumstances.
21. GOVERNING LAW. This Agreement and all matters arising from or related to it will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules, provided, however, that if you are located in the Asia-Pacific region, this Agreement and all matters arising from or related to it will be governed by and construed in accordance with the laws of Singapore, and if you are located outside of the U.S. or the Asia-Pacific region, this Agreement and all matters arising from or related to it will be governed by and construed in accordance with the laws of England and Wales. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable. With respect to any disputes or claims not subject to arbitration or that cannot be heard in small claims court (as set forth in Section 20, above), you agree to jurisdiction in the federal or state courts located in Manhattan, New York, and you consent to personal jurisdiction and venue in these courts.
22. INTERNATIONAL USE. If you are located outside of the United States, you agree to ensure that your access to and use of the Game complies with all applicable local, state, national, and international laws and regulations, including any laws and regulations governing the import or export of data, goods, services or software.
You must not access or use our Game, whether on your own behalf or on behalf, or for the benefit, of any other person or entity, if any applicable local, state, national, or international law or regulation prohibits you or such other person or entity from receiving products or services originating from the United States, or if you or such other person or entity are a person or entity with whom transactions are prohibited under economic or trade sanctions administered or enforced by any relevant sanctions authority including, without limitation, (i) the Office of Foreign Assets Control of the U.S. Department of Treasury, the U.S. Department of Commerce, and the U.S. Department of State, (ii) the United Nations Security Council, or (iii) the European Union, (iv) His Majesty’s Treasury of the United Kingdom and/or the Office of Financial Sanctions Implementation.
23. THIRD-PARTY BENEFICIARIES. Any person or entity who is not a party to this Agreement shall have no rights under any law to enforce any terms of this Agreement, regardless of whether such person or entity has been identified by name. Nothing in this section shall affect the rights of any permitted assignee or transferee of this Agreement.
24. AMENDMENTS. Paramount reserves the right to change or modify this Agreement at any time and for any reason at Paramount’s sole discretion. Paramount may issue a revised Agreement by posting or providing access to the revised Agreement, such as through the Game. If Paramount makes changes to this Agreement, your continued use of the Game after the effective date of such changes will confirm your acceptance of the revised Agreement. If any revised Agreement is not acceptable to you, you may terminate this Agreement in accordance with your rights under Section 8.
25. LANGUAGES. For all purposes, this English language version of the Agreement shall be the original, governing instrument and understanding of the parties. In the event of any conflict between this English language version and any translation made available by Paramount, the English language version shall govern and control.
26. ADDITIONAL PLATFORM TERMS. If you access the Game through third-party platforms, you shall be solely responsible for ensuring you use such platforms and any accounts on them in accordance with the policies applicable to such platforms and accounts. In any case, such third-party platforms shall not be responsible for a breach of this Agreement. This Agreement in no way aims to change any of the agreements between third-party platforms and you; the terms of such agreements shall always prevail over this Agreement in anything related to the use of such platforms and the use of their intellectual property.
27. MISCELLANEOUS. This Agreement contains the entire agreement between you and Paramount regarding the use of the Game. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect for the remainder of the term, or as otherwise set forth in Section 8(d), except if such provision deprives the Agreement from its essential obligations. You may not assign this Agreement or any of its rights under this Agreement without the prior written consent of Paramount, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, this Agreement will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns. The failure of Paramount to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
To contact Paramount, please contact Paramount’s customer support at Contact@thegameplaygroup.com.