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End User License Agreement
ⓘ You agree to these terms when you use our games or any of our services.
Welcome to Gold Brewed. This Agreement governs your access and use of products, content and services offered by Gold Brewed and its subsidiaries ("Gold Brewed"), such as game software and related updates, upgrades and features, and all online and mobile services, platforms, websites, and live events hosted by or associated with Gold Brewed (collectively "Gold Brewed Services"). This Agreement is between you and the Gold Brewed entity listed in Section 13(B) below.
ⓘ If you don’t agree, please don’t install or use our games or services.
BY USING Gold Brewed SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE Gold Brewed SERVICES. FOR RESIDENTS OF CERTAIN COUNTRIES, YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 15 TO RESOLVE ANY DISPUTES WITH Gold Brewed.
1. License
ⓘ Gold Brewed grants you access to our games and services to you for your personal enjoyment.
The Gold Brewed Services are licensed to you, not sold. Gold Brewed grants you a personal, limited, non-transferable (i.e., not for sharing), revocable and non-exclusive license to use the Gold Brewed Services to which you have access for your non-commercial use, subject to your compliance with this Agreement. You may not access, copy, modify or distribute any Gold Brewed Service, Content or Entitlements (as those terms are defined below), unless expressly authorized by Gold Brewed or permitted by law. You may not reverse engineer or attempt to extract or otherwise use source code or other data from Gold Brewed Services, unless expressly authorized by Gold Brewed or permitted by law. Gold Brewed or its licensors own and reserve all other rights, including all right, title and interest in the Gold Brewed Services and associated intellectual property rights.
2. Content and Entitlements
ⓘ Gold Brewed provides games, features and content through a series of entitlements. Some entitlements are unlocked using virtual currency that has no value outside of our games.
The Gold Brewed Services include Content and Entitlements. Content is the software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or coming from Gold Brewed Services, as well as the design and appearance of our websites. Content also includes user-generated Content ("UGC"). UGC includes Gold Brewed Account personas, forum posts, profile content, a player’s voice or other audio transmitted as part of social features available in or through Gold Brewed Services, images or other visual material submitted or otherwise contributed to or through Gold Brewed Services, and other Content contributed by users to Gold Brewed Services. All Content is either owned by Gold Brewed or its licensors, or is licensed to Gold Brewed and its licensors pursuant to Section 5 below.
Entitlements are rights that Gold Brewed licenses to you to access or use the online or off-line elements of Gold Brewed Services. Examples of Entitlements include access to digital or unlockable Content; additional or enhanced functionality (including multiplayer services); subscriptions; virtual assets; unlock keys or codes, serial codes or online authentication; in-game accomplishments; and virtual points, coins, or currencies.
We refer to these virtual points, coins or currencies as "Gold Brewed Virtual Currency". When you obtain Gold Brewed Virtual Currency from us or our authorized partners, you receive a personal, limited, non-assignable, non-exclusive, revocable license to access and select the Entitlements that Gold Brewed expressly makes available to you.
Gold Brewed Virtual Currency has no monetary value and has no value outside of our products and services. Gold Brewed Virtual Currency cannot be sold, traded, transferred, or exchanged for cash; it only may be redeemed for Entitlements available for the Gold Brewed Service. Gold Brewed Virtual Currency is non-refundable, and you are not entitled to a refund for any unused Gold Brewed Virtual Currency. Once you redeem Gold Brewed Virtual Currency for an Entitlement, that Entitlement is not returnable, exchangeable, or refundable. If you live in Japan, you agree to use any Gold Brewed Virtual Currency within 180 days from the date of purchase.
You will provide at your own expense the equipment, Internet connection and charges required to access and use Gold Brewed Services.
3. Availability of Gold Brewed Services and Updates
ⓘ Our games and services may not always be available or operate on all devices. We also may make updates or changes to our games and services, which might impact your use or game progress.
We do not guarantee that any Gold Brewed Service, Content or Entitlement will be available at all times, in all locations, or at any given time or that we will continue to offer a particular Gold Brewed Service, Content or Entitlements for any particular length of time. Gold Brewed does not guarantee that Gold Brewed Services can be accessed on all devices, by means of a specific Internet or connection provider, or in all geographic locations.
From time to time, Gold Brewed may update or modify an Gold Brewed Service, Content or Entitlements, and/or you may lose access to certain Content or Entitlements without notice if, at our discretion, we must remove such Content or Entitlements from the Gold Brewed Services, for legal, contractual and licensing obligations, technical limitations, or if the Content or Entitlements could harm Gold Brewed’s reputation. Updates and modifications may be required in order to continue to use Gold Brewed Services.
Gold Brewed may need to update, or reset certain parameters to balance game play and usage of Gold Brewed Services. These updates or "resets" may cause you setbacks within the relevant game world and may affect characters, games, groups or other Entitlements under your control.
Gold Brewed may also take actions on your Gold Brewed Account and Entitlements without notice to you to protect you or Gold Brewed, such as preventing unauthorized access, resetting Gold Brewed Account passwords, suspending Gold Brewed Account access, deleting data or removing Gold Brewed Accounts from Gold Brewed Services. Your availability to Gold Brewed Services may also be affected in response to actual or suspected Rules of Conduct violations, as further described in Section 6.
4. Your User-Generated Content (UGC)
ⓘ You allow Gold Brewed and our players to use anything you upload or create (UGC) for free within our games and services. You are responsible for your UGC, it must be your own content or content you’re allowed to use.
You are responsible for your UGC. You may not upload UGC that infringes a third party's intellectual property rights or that violates the law, this Agreement or a third party's right of privacy or right of publicity.
Gold Brewed may, in its sole discretion, remove, edit or disable UGC for any reason, including if Gold Brewed reasonably determines that UGC violates this Agreement. Gold Brewed does not assume any responsibility or liability for UGC, for removing it, or not removing it or other Content. Gold Brewed does not pre-screen all UGC and does not endorse or approve any UGC available on Gold Brewed Services.
When you contribute UGC, you grant to Gold Brewed, its licensors and licensees a non-exclusive, perpetual, transferable, worldwide, sublicensable license to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display or otherwise transmit and communicate the UGC, or any portion of it, in any manner or form and in any medium or forum, whether now known or later devised, without notice, payment or attribution of any kind to you or any third party. You also grant to all other users who can access and use your UGC on an Gold Brewed Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant Gold Brewed Service without further notice, attribution or compensation to you.
5. Games
ⓘ This section applies to our games, in particular PC games, and Gold Brewed-owned game platforms like the Gold Brewed app.
ⓘ We use specific security software to combat piracy and cheating, and tampering with it can result in losing access to our games.
Gold Brewed utilizes technical or content protection measures, developed by Gold Brewed or third-party partners, for Gold Brewed Services in order to prevent piracy and the unauthorized copying or use of Gold Brewed Games. Attempting to circumvent, disable or tamper with these measures shall terminate this license.
6. Termination and Other Sanctions
ⓘ If you break this agreement or the law, Gold Brewed may suspend or terminate your use of our games and services, without refunds.
If we decide to shut down a game or a service, we will tell you at least 30 days in advance.
This Agreement is effective until terminated by you or Gold Brewed. Gold Brewed may terminate your access and use of any Gold Brewed Services or your Gold Brewed Account if Gold Brewed determines that you have violated this Agreement or that there has been otherwise unlawful, improper or fraudulent use of Gold Brewed Services on your Gold Brewed Account. When practical, Gold Brewed will notify you of any termination of your Gold Brewed Account, and you may lose your username and persona as a result. If you have more than one Gold Brewed Account, depending on the type of violation or misuse, Gold Brewed may terminate all of your Gold Brewed Accounts and all related Entitlements. If your Gold Brewed Account is terminated, you will not have access to your Gold Brewed Account or Entitlements and may be barred from accessing or using any Gold Brewed Service again. Upon termination, your license under this Agreement also shall terminate.
Instead of terminating your Gold Brewed Account, Gold Brewed may alternatively issue you a warning, suspend or alter your access to a particular Gold Brewed Service or your Gold Brewed Account, remove or revoke Entitlements at an Gold Brewed Account or device level, remove or delete any Content which is in violation with this Agreement, or ban your device or machine from accessing specific Gold Brewed Services. If Gold Brewed takes any action described in this Section, you will not be entitled to a refund (subject to any statutory refund rights) and no Entitlements will be credited to you or converted to cash or other forms of reimbursement. Actions are cumulative and repeated rule-breaking may result in your Gold Brewed Account being terminated.
Gold Brewed may terminate any Gold Brewed Service at any time by giving at least thirty days' notice either via email (if available). After online service termination, no software updates will be applied to our games and we can't guarantee our games will continue to function on newer or updated operating systems or be available for download via application distribution services such as the iOS App Store and the Google Play Store. Any games available via such application distribution services after online service termination may be removed without further notice to you.
If you terminate this agreement, you agree to cease all use of Gold Brewed Services.
Sections 5, 8-9, 11-15 of this Agreement survive termination of this Agreement
7. Use of Data
ⓘ Gold Brewed collects various information when you play our games (even offline) to operate our business, improve our products and services, enforce our rules and communicate with you.
When you use an Gold Brewed Service, Gold Brewed may collect and store data from your computer or device, including information about your computer or device, hardware, installed software, and operating system (such as IP Address and device ID), information about your Gold Brewed Service usage, gameplay and usage statistics, system interactions and peripheral hardware. If you play an Gold Brewed Service offline, this data will be stored on your device and transmitted to Gold Brewed when your device connects to the Internet. Gold Brewed uses this information to operate its business, improve its products and services, provide services to and communicate with you (including for marketing purposes), provide software updates, dynamically serve content and software support, enforce this Agreement, and trouble-shoot bugs or otherwise enhance your experience. If you participate in online services, Gold Brewed also may collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and accomplishments), or identify content that is created and shared by you with other players.
You can manage certain data collection preferences in the Settings tab of the Gold Brewed PC Game client.
8. Other Software, Utilities and Tools
ⓘ If we update our games, you may need new software to keep playing our games.
Gold Brewed Services may require or allow you to download software, software updates or patches, or other utilities and tools from Gold Brewed or its licensors onto your computer, entertainment system or device. These technologies may be different across platforms, and the performance of Gold Brewed Services may vary depending on your computer and other equipment. You understand that certain updates to these technologies may be required in order to continue use of an Gold Brewed Service. Some of these updates may contain locked features or content that require you to pay an additional fee to access them. You consent to Gold Brewed automatically installing any available updates for Gold Brewed Services. Failure to install available updates may render Gold Brewed Services, including Gold Brewed PC Games, unplayable.
9. Third Parties
ⓘ You are responsible for your use of game servers and services not owned by Gold Brewed.
Some Gold Brewed Services may give you the option of playing on servers not owned or controlled by Gold Brewed. Gold Brewed does not control those services and is not responsible for your use of the Gold Brewed Service on or through them. These third-party services may subject you to additional or different terms and restrictions.
Gold Brewed Services may include hyperlinks to third-party websites. Those sites may collect data or solicit personal information from you. Gold Brewed does not control those sites and is not responsible for their content or for their collection, use or disclosure of personal information.
10. Warranties; Limitation of Liability
ⓘ Gold Brewed does not make any promises about our software, but the local law in your country may include certain warranties. The damages you can recover for legal claims are limited.
IF YOU LIVE IN THE EUROPEAN ECONOMIC AREA (EEA), UNITED KINGDOM OR SWITZERLAND, THE Gold Brewed SERVICES WILL BE PROVIDED WITH REASONABLE CARE AND SKILL AND NO OTHER PROMISES OR WARRANTIES ABOUT THE Gold Brewed SERVICES ARE MADE. IF YOU LIVE OUTSIDE THE EEA, UNITED KINGDOM AND SWITZERLAND, Gold Brewed SERVICES ARE LICENSED AND PROVIDED "AS IS." YOU USE THEM AT YOUR OWN RISK. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, Gold Brewed GIVES NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR PRACTICE. Gold Brewed DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCT OR Gold Brewed SERVICE; THAT THE Gold Brewed SERVICE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE Gold Brewed SERVICE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING OR VIRUSES, OR THAT Gold Brewed SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE. EA DOES NOT WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED VIA THE Gold Brewed APP STORE.
IF YOU LIVE IN THE EEA, UNITED KINGDOM OR SWITZERLAND, Gold Brewed AND ITS EMPLOYEES, LICENSORS AND BUSINESS PARTNERS WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES ARISING FROM YOUR ACTIONS OR BREACH OF THIS AGREEMENT, OR WHICH ARISE AS A RESULT OF A THIRD PARTY'S (OR ANY OTHER) ACTS OR OMISSIONS BEYOND OUR CONTROL. IF YOU LIVE OUTSIDE THE EEA, UNITED KINGDOM AND SWITZERLAND, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, Gold Brewed AND ITS EMPLOYEES, LICENSORS AND BUSINESS PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES THAT WERE NOT CAUSED BY Gold Brewed'S BREACH OF THIS AGREEMENT, OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES. THE TYPES OF EXCLUDED DAMAGES INCLUDE, FOR EXAMPLE, FINANCIAL LOSS (SUCH AS LOSS INCOME OR PROFITS), COST OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION OR STOPPAGE, LOSS OF DATA, LOSS OF GOODWILL, AND COMPUTER FAILURE OR MALFUNCTION. THIS LIMITATION APPLIES TO ANY CLAIM ARISING OUT OF OR RELATED TO THIS LICENSE OR Gold Brewed SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTE, STRICT LIABILITY OR OTHERWISE. IT ALSO APPLIES EVEN IF Gold Brewed KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGE. YOU MAY RECOVER ONLY DIRECT DAMAGES IN ANY AMOUNT NO GREATER THAN WHAT YOU ACTUALLY PAID FOR THE APPLICABLE Gold Brewed SERVICE. Gold Brewed DOES NOT LIMIT ITS LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILFUL MISCONDUCT, OR FOR DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE ABOVE EXCLUSIONS AND LIMITATIONS, SO SOME OR ALL OF THEM MAY NOT APPLY TO YOU.
11. General Terms
A. Entire Agreement
ⓘ This agreement can be changed only in writing signed by Gold Brewed.
This Agreement, together with any other Gold Brewed terms that govern your use of Gold Brewed Services, constitutes the entire agreement between you and Gold Brewed. The Agreement may not be amended or modified unless made in writing and signed by Gold Brewed. The failure of Gold Brewed to exercise any right under this Agreement shall not constitute a waiver of the right or any other right. If any part of this Agreement is held to be unenforceable, all other parts of this Agreement shall continue in full force and effect.
15. Dispute Resolutions by Binding Arbitration
ⓘ This section only applies if you live outside of Quebec, Russia, Switzerland, Brazil, Mexico, the member states of the EEA, United Kingdom and the Republic of Korea.
If you have a dispute, you agree to send details in writing to Gold Brewed, and then arbitrate. You agree that any claim you bring against Gold Brewed is in your individual capacity, and not as a class member, class representative, or as part of a class, collective or representative action.
THIS SECTION APPLIES TO ALL CONSUMERS AND PEOPLE WHO ACCEPTED THE TERMS OF THIS AGREEMENT. IT EXCLUDES RESIDENTS OF QUEBEC, RUSSIA, SWITZERLAND, BRAZIL, MEXICO, THE MEMBER STATES OF THE EEA, UNITED KINGDOM AND THE REPUBLIC OF KOREA. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU AND Gold Brewed EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY AND AGREE TO RESOLVE YOUR DISPUTES IN MANDATORY, FINAL AND BINDING ARBITRATION. YOU ALSO AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION.
This Section 15 offers a streamlined way to resolve disputes between us if they arise. You and Gold Brewed agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. If Gold Brewed cannot resolve your concern, you and Gold Brewed agree to be bound by the procedure set forth in this Section to resolve any and all disputes between us.
This Section 15 is an agreement between you and Gold Brewed, and applies to our respective agents, employees, subsidiaries, predecessors, successors, beneficiaries and assigns. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act ("FAA") governs the interpretation and enforcement of this Section 15 and any arbitration carried out under this Section. This Section 15 shall be interpreted broadly and shall survive termination of this Agreement.
A. Claims Covered by Arbitration
All disputes, claims or controversies arising out of or relating to this Agreement, any Gold Brewed Service and its marketing, or the relationship between you and Gold Brewed, including the validity, enforceability, and scope of this Section 15 ("Disputes"), shall be determined exclusively by binding arbitration. This includes claims that accrued before you entered into this Agreement. The only Disputes not covered by this Section 15 are claims (i) regarding the infringement, protection or validity of your, Gold Brewed's or Gold Brewed's licensors' trade secrets, copyright, trademark or patent rights; (ii) if you reside in Australia, to enforce a statutory consumer right under Australian consumer law; (iii) brought in small claims court; and (iv) any and all disputes arising out of or relating to the Class Action Waiver, including, but not limited to, any claim that all or part of the Class Action Waiver is unenforceable, unconscionable, illegal, void, or voidable.
To the extent the parties have related arbitrable and non-arbitrable disputes, the arbitrable disputes shall proceed first in arbitration and the non-arbitrable disputes shall be stayed, and any applicable statutes of limitations tolled, pending completion of the arbitration.
B. Informal Negotiations
You and Gold Brewed shall first attempt to resolve any Dispute informally before initiating arbitration. The informal negotiations begin upon receipt of written notice from one party to the other ("Notice of Dispute"). You must mail an individualized Notice of Dispute to: www.goldbrewed.com. The Notice of Dispute must include: (a) your name, telephone number, mailing address, and e-mail address associated with your Gold Brewed Account (or your Gold Brewed username); (b) a description of the nature and basis of your dispute (including the game(s) at issue); (c) the amount you are seeking from Gold Brewed; and (d) your personal signature. If Gold Brewed has a dispute with you, Gold Brewed will send a Notice of Dispute with the same information to the email address associated with your account. You and Gold Brewed must participate in informal negotiations for at least 60 days after receiving the Notice of Dispute, unless the parties mutually agree to an extension. The party sending the Notice of Dispute may not file any demand for arbitration before the 60-day period (or any mutually-agreed upon extended period).
The arbitrator shall dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures. If an arbitration is dismissed because a party willfully failed to comply with these informal dispute resolution procedures, the arbitrator may order the non-compliant party to pay any arbitration filing fees and costs incurred by the other party. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process described in this paragraph.
C. Binding Arbitration
If you and Gold Brewed cannot resolve a Dispute informally, you or Gold Brewed may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. A party initiating an arbitration shall provide with its arbitration demand all of the information required in the Notice of Dispute, as well as a certification that the party complied with the informal dispute resolution procedures. The arbitration shall be administered by the American Arbitration Association under its Consumer Arbitration Rules ("AAA Consumer Rules"), and, if applicable, its Mass Supplementary Arbitration Rules ("AAA Mass Arbitration Rules"), which are available at www.adr.org or by calling 1-800-778-7879, with the following modifications:
1. Arbitration fees and costs shall be governed by the AAA Consumer Rules or AAA Mass Arbitration Rules (if applicable), unless as otherwise stated in this arbitration agreement.
2. If the Dispute does not exceed $25,000, the arbitration will be conducted solely on the basis of written submissions, unless the arbitrator determines that a hearing is necessary for any reason, including but not limited to because a hearing is necessary to afford a party a full and fair opportunity to present its claims or defenses.
3. The parties may bring any dispositive motion or motions during the course of the proceedings.
4. The arbitrator shall make a decision in writing, which will include the findings and conclusions on which the decision is based. The arbitrator has the authority to issue any relief allowed by applicable law, but the arbitrator shall have no authority to issue any relief on any basis other than an individual basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and Gold Brewed may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
D. Class Action Waiver
You and Gold Brewed agree that any and all Disputes between the parties shall be resolved only in individual arbitration. The parties expressly waive the right to have any Dispute brought, heard, administered, resolved, or arbitrated as a class, collective, coordinated, consolidated, or representative action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any class, collective, coordinated, consolidated, or representative action, or to award relief to anyone but the individual in arbitration. The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. Notwithstanding anything else in this Agreement, this Class Action Waiver does not prevent you or Gold Brewed from participating in a classwide, collective, or representative settlement of claims. If governing law (after taking FAA preemption into account) does not allow the parties to waive claims for public injunctive relief, any claim for public injunctive relief must be heard by a court, not an arbitrator, but the parties’ non-arbitrable disputes shall be stayed pending arbitration, as stated in paragraph A.
E. Grouped Arbitrations
To the extent permitted by applicable law and notwithstanding any other provision of this Agreement, to increase efficiency of resolution, in the event 50 or more similar arbitration demands are filed within a 30-day period:
(a) the parties shall cooperate to organize the arbitration demands into randomized groups of no more than 50 demands (plus, to the extent there are fewer than 50 arbitration demands remaining, a final group consisting of the remaining demands);
(b) AAA shall assess one set of filing and administrative fees per group and shall assign one arbitrator per group, subject to any applicable disclosure and disqualification procedures available under applicable law;
(c) AAA shall set one initial conference per group;
(d) regardless of the grouping described above, the arbitrator shall resolve all arbitrations within a group on an individual basis;
(e) the first group of 50 arbitrations shall proceed on an individual basis, while the remaining cases are stayed and applicable statutes of limitations for those cases are tolled;
(f) the parties shall use their best efforts to complete the initial 50 individual arbitrations within 120 days after the initial conference, and shall engage in good-faith mediation following resolution of the initial 50 individual arbitrations;
(g) if mediation is unsuccessful, the remaining cases shall proceed on an individual basis in groups of 50 cases (plus, to the extent there are fewer than 50 arbitration demands remaining, a final group consisting of the remaining demands); and
(h) no final award from an arbitrator in any one arbitration shall have preclusive effect in any other arbitration.
The parties agree to cooperate in good faith to implement such a grouped approach to administration of the arbitration demands. If any similar arbitration demands were originally processed as individual arbitration demands before this grouping procedure was commenced, further proceedings, including the assessment of further arbitration filing or administration fees to either party shall be governed by the procedures set forth in this paragraph E.
F. Location
If you live in the United States, arbitration will take place in the county in which you reside. For residents outside the United States, arbitration shall be initiated in the County of San Mateo, State of California, United States of America, so that an arbitrator familiar with California law can be appointed, and if the arbitrator determines that the proceedings will take place in person instead of by electronic or telephonic means, the arbitrator will select a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. You and Gold Brewed agree to submit to the personal jurisdiction of the courts in the County of San Mateo, State of California, United States of America to compel arbitration, to stay the proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
G. Severability
In the event any portion of this arbitration agreement is deemed unenforceable, the remainder of this agreement to arbitrate will be enforceable.
16. Supplemental Terms for PlayStation®
ⓘ Additional terms apply to PlayStation™Store purchases.
A. For Purchases in PlayStation™Store in North America
Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America.
B. For Purchases in PlayStation™Store in Europe
Any content purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Europe Limited ("SIENE") and be subject to PlayStation™Network Terms of Service and User Agreement which is available on the PlayStation™Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
Last Updated: January 20, 2025
For further details please visit: https://www.goldbrewed.com/privacypolicy
ⓘ You agree to these terms when you use our games or any of our services.
Welcome to Gold Brewed. This Agreement governs your access and use of products, content and services offered by Gold Brewed and its subsidiaries ("Gold Brewed"), such as game software and related updates, upgrades and features, and all online and mobile services, platforms, websites, and live events hosted by or associated with Gold Brewed (collectively "Gold Brewed Services"). This Agreement is between you and the Gold Brewed entity listed in Section 13(B) below.
ⓘ If you don’t agree, please don’t install or use our games or services.
BY USING Gold Brewed SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE Gold Brewed SERVICES. FOR RESIDENTS OF CERTAIN COUNTRIES, YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 15 TO RESOLVE ANY DISPUTES WITH Gold Brewed.
1. License
ⓘ Gold Brewed grants you access to our games and services to you for your personal enjoyment.
The Gold Brewed Services are licensed to you, not sold. Gold Brewed grants you a personal, limited, non-transferable (i.e., not for sharing), revocable and non-exclusive license to use the Gold Brewed Services to which you have access for your non-commercial use, subject to your compliance with this Agreement. You may not access, copy, modify or distribute any Gold Brewed Service, Content or Entitlements (as those terms are defined below), unless expressly authorized by Gold Brewed or permitted by law. You may not reverse engineer or attempt to extract or otherwise use source code or other data from Gold Brewed Services, unless expressly authorized by Gold Brewed or permitted by law. Gold Brewed or its licensors own and reserve all other rights, including all right, title and interest in the Gold Brewed Services and associated intellectual property rights.
2. Content and Entitlements
ⓘ Gold Brewed provides games, features and content through a series of entitlements. Some entitlements are unlocked using virtual currency that has no value outside of our games.
The Gold Brewed Services include Content and Entitlements. Content is the software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or coming from Gold Brewed Services, as well as the design and appearance of our websites. Content also includes user-generated Content ("UGC"). UGC includes Gold Brewed Account personas, forum posts, profile content, a player’s voice or other audio transmitted as part of social features available in or through Gold Brewed Services, images or other visual material submitted or otherwise contributed to or through Gold Brewed Services, and other Content contributed by users to Gold Brewed Services. All Content is either owned by Gold Brewed or its licensors, or is licensed to Gold Brewed and its licensors pursuant to Section 5 below.
Entitlements are rights that Gold Brewed licenses to you to access or use the online or off-line elements of Gold Brewed Services. Examples of Entitlements include access to digital or unlockable Content; additional or enhanced functionality (including multiplayer services); subscriptions; virtual assets; unlock keys or codes, serial codes or online authentication; in-game accomplishments; and virtual points, coins, or currencies.
We refer to these virtual points, coins or currencies as "Gold Brewed Virtual Currency". When you obtain Gold Brewed Virtual Currency from us or our authorized partners, you receive a personal, limited, non-assignable, non-exclusive, revocable license to access and select the Entitlements that Gold Brewed expressly makes available to you.
Gold Brewed Virtual Currency has no monetary value and has no value outside of our products and services. Gold Brewed Virtual Currency cannot be sold, traded, transferred, or exchanged for cash; it only may be redeemed for Entitlements available for the Gold Brewed Service. Gold Brewed Virtual Currency is non-refundable, and you are not entitled to a refund for any unused Gold Brewed Virtual Currency. Once you redeem Gold Brewed Virtual Currency for an Entitlement, that Entitlement is not returnable, exchangeable, or refundable. If you live in Japan, you agree to use any Gold Brewed Virtual Currency within 180 days from the date of purchase.
You will provide at your own expense the equipment, Internet connection and charges required to access and use Gold Brewed Services.
3. Availability of Gold Brewed Services and Updates
ⓘ Our games and services may not always be available or operate on all devices. We also may make updates or changes to our games and services, which might impact your use or game progress.
We do not guarantee that any Gold Brewed Service, Content or Entitlement will be available at all times, in all locations, or at any given time or that we will continue to offer a particular Gold Brewed Service, Content or Entitlements for any particular length of time. Gold Brewed does not guarantee that Gold Brewed Services can be accessed on all devices, by means of a specific Internet or connection provider, or in all geographic locations.
From time to time, Gold Brewed may update or modify an Gold Brewed Service, Content or Entitlements, and/or you may lose access to certain Content or Entitlements without notice if, at our discretion, we must remove such Content or Entitlements from the Gold Brewed Services, for legal, contractual and licensing obligations, technical limitations, or if the Content or Entitlements could harm Gold Brewed’s reputation. Updates and modifications may be required in order to continue to use Gold Brewed Services.
Gold Brewed may need to update, or reset certain parameters to balance game play and usage of Gold Brewed Services. These updates or "resets" may cause you setbacks within the relevant game world and may affect characters, games, groups or other Entitlements under your control.
Gold Brewed may also take actions on your Gold Brewed Account and Entitlements without notice to you to protect you or Gold Brewed, such as preventing unauthorized access, resetting Gold Brewed Account passwords, suspending Gold Brewed Account access, deleting data or removing Gold Brewed Accounts from Gold Brewed Services. Your availability to Gold Brewed Services may also be affected in response to actual or suspected Rules of Conduct violations, as further described in Section 6.
4. Your User-Generated Content (UGC)
ⓘ You allow Gold Brewed and our players to use anything you upload or create (UGC) for free within our games and services. You are responsible for your UGC, it must be your own content or content you’re allowed to use.
You are responsible for your UGC. You may not upload UGC that infringes a third party's intellectual property rights or that violates the law, this Agreement or a third party's right of privacy or right of publicity.
Gold Brewed may, in its sole discretion, remove, edit or disable UGC for any reason, including if Gold Brewed reasonably determines that UGC violates this Agreement. Gold Brewed does not assume any responsibility or liability for UGC, for removing it, or not removing it or other Content. Gold Brewed does not pre-screen all UGC and does not endorse or approve any UGC available on Gold Brewed Services.
When you contribute UGC, you grant to Gold Brewed, its licensors and licensees a non-exclusive, perpetual, transferable, worldwide, sublicensable license to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display or otherwise transmit and communicate the UGC, or any portion of it, in any manner or form and in any medium or forum, whether now known or later devised, without notice, payment or attribution of any kind to you or any third party. You also grant to all other users who can access and use your UGC on an Gold Brewed Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant Gold Brewed Service without further notice, attribution or compensation to you.
5. Games
ⓘ This section applies to our games, in particular PC games, and Gold Brewed-owned game platforms like the Gold Brewed app.
ⓘ We use specific security software to combat piracy and cheating, and tampering with it can result in losing access to our games.
Gold Brewed utilizes technical or content protection measures, developed by Gold Brewed or third-party partners, for Gold Brewed Services in order to prevent piracy and the unauthorized copying or use of Gold Brewed Games. Attempting to circumvent, disable or tamper with these measures shall terminate this license.
6. Termination and Other Sanctions
ⓘ If you break this agreement or the law, Gold Brewed may suspend or terminate your use of our games and services, without refunds.
If we decide to shut down a game or a service, we will tell you at least 30 days in advance.
This Agreement is effective until terminated by you or Gold Brewed. Gold Brewed may terminate your access and use of any Gold Brewed Services or your Gold Brewed Account if Gold Brewed determines that you have violated this Agreement or that there has been otherwise unlawful, improper or fraudulent use of Gold Brewed Services on your Gold Brewed Account. When practical, Gold Brewed will notify you of any termination of your Gold Brewed Account, and you may lose your username and persona as a result. If you have more than one Gold Brewed Account, depending on the type of violation or misuse, Gold Brewed may terminate all of your Gold Brewed Accounts and all related Entitlements. If your Gold Brewed Account is terminated, you will not have access to your Gold Brewed Account or Entitlements and may be barred from accessing or using any Gold Brewed Service again. Upon termination, your license under this Agreement also shall terminate.
Instead of terminating your Gold Brewed Account, Gold Brewed may alternatively issue you a warning, suspend or alter your access to a particular Gold Brewed Service or your Gold Brewed Account, remove or revoke Entitlements at an Gold Brewed Account or device level, remove or delete any Content which is in violation with this Agreement, or ban your device or machine from accessing specific Gold Brewed Services. If Gold Brewed takes any action described in this Section, you will not be entitled to a refund (subject to any statutory refund rights) and no Entitlements will be credited to you or converted to cash or other forms of reimbursement. Actions are cumulative and repeated rule-breaking may result in your Gold Brewed Account being terminated.
Gold Brewed may terminate any Gold Brewed Service at any time by giving at least thirty days' notice either via email (if available). After online service termination, no software updates will be applied to our games and we can't guarantee our games will continue to function on newer or updated operating systems or be available for download via application distribution services such as the iOS App Store and the Google Play Store. Any games available via such application distribution services after online service termination may be removed without further notice to you.
If you terminate this agreement, you agree to cease all use of Gold Brewed Services.
Sections 5, 8-9, 11-15 of this Agreement survive termination of this Agreement
7. Use of Data
ⓘ Gold Brewed collects various information when you play our games (even offline) to operate our business, improve our products and services, enforce our rules and communicate with you.
When you use an Gold Brewed Service, Gold Brewed may collect and store data from your computer or device, including information about your computer or device, hardware, installed software, and operating system (such as IP Address and device ID), information about your Gold Brewed Service usage, gameplay and usage statistics, system interactions and peripheral hardware. If you play an Gold Brewed Service offline, this data will be stored on your device and transmitted to Gold Brewed when your device connects to the Internet. Gold Brewed uses this information to operate its business, improve its products and services, provide services to and communicate with you (including for marketing purposes), provide software updates, dynamically serve content and software support, enforce this Agreement, and trouble-shoot bugs or otherwise enhance your experience. If you participate in online services, Gold Brewed also may collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and accomplishments), or identify content that is created and shared by you with other players.
You can manage certain data collection preferences in the Settings tab of the Gold Brewed PC Game client.
8. Other Software, Utilities and Tools
ⓘ If we update our games, you may need new software to keep playing our games.
Gold Brewed Services may require or allow you to download software, software updates or patches, or other utilities and tools from Gold Brewed or its licensors onto your computer, entertainment system or device. These technologies may be different across platforms, and the performance of Gold Brewed Services may vary depending on your computer and other equipment. You understand that certain updates to these technologies may be required in order to continue use of an Gold Brewed Service. Some of these updates may contain locked features or content that require you to pay an additional fee to access them. You consent to Gold Brewed automatically installing any available updates for Gold Brewed Services. Failure to install available updates may render Gold Brewed Services, including Gold Brewed PC Games, unplayable.
9. Third Parties
ⓘ You are responsible for your use of game servers and services not owned by Gold Brewed.
Some Gold Brewed Services may give you the option of playing on servers not owned or controlled by Gold Brewed. Gold Brewed does not control those services and is not responsible for your use of the Gold Brewed Service on or through them. These third-party services may subject you to additional or different terms and restrictions.
Gold Brewed Services may include hyperlinks to third-party websites. Those sites may collect data or solicit personal information from you. Gold Brewed does not control those sites and is not responsible for their content or for their collection, use or disclosure of personal information.
10. Warranties; Limitation of Liability
ⓘ Gold Brewed does not make any promises about our software, but the local law in your country may include certain warranties. The damages you can recover for legal claims are limited.
IF YOU LIVE IN THE EUROPEAN ECONOMIC AREA (EEA), UNITED KINGDOM OR SWITZERLAND, THE Gold Brewed SERVICES WILL BE PROVIDED WITH REASONABLE CARE AND SKILL AND NO OTHER PROMISES OR WARRANTIES ABOUT THE Gold Brewed SERVICES ARE MADE. IF YOU LIVE OUTSIDE THE EEA, UNITED KINGDOM AND SWITZERLAND, Gold Brewed SERVICES ARE LICENSED AND PROVIDED "AS IS." YOU USE THEM AT YOUR OWN RISK. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, Gold Brewed GIVES NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR PRACTICE. Gold Brewed DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCT OR Gold Brewed SERVICE; THAT THE Gold Brewed SERVICE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE Gold Brewed SERVICE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING OR VIRUSES, OR THAT Gold Brewed SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE. EA DOES NOT WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED VIA THE Gold Brewed APP STORE.
IF YOU LIVE IN THE EEA, UNITED KINGDOM OR SWITZERLAND, Gold Brewed AND ITS EMPLOYEES, LICENSORS AND BUSINESS PARTNERS WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES ARISING FROM YOUR ACTIONS OR BREACH OF THIS AGREEMENT, OR WHICH ARISE AS A RESULT OF A THIRD PARTY'S (OR ANY OTHER) ACTS OR OMISSIONS BEYOND OUR CONTROL. IF YOU LIVE OUTSIDE THE EEA, UNITED KINGDOM AND SWITZERLAND, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, Gold Brewed AND ITS EMPLOYEES, LICENSORS AND BUSINESS PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES THAT WERE NOT CAUSED BY Gold Brewed'S BREACH OF THIS AGREEMENT, OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES. THE TYPES OF EXCLUDED DAMAGES INCLUDE, FOR EXAMPLE, FINANCIAL LOSS (SUCH AS LOSS INCOME OR PROFITS), COST OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION OR STOPPAGE, LOSS OF DATA, LOSS OF GOODWILL, AND COMPUTER FAILURE OR MALFUNCTION. THIS LIMITATION APPLIES TO ANY CLAIM ARISING OUT OF OR RELATED TO THIS LICENSE OR Gold Brewed SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTE, STRICT LIABILITY OR OTHERWISE. IT ALSO APPLIES EVEN IF Gold Brewed KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGE. YOU MAY RECOVER ONLY DIRECT DAMAGES IN ANY AMOUNT NO GREATER THAN WHAT YOU ACTUALLY PAID FOR THE APPLICABLE Gold Brewed SERVICE. Gold Brewed DOES NOT LIMIT ITS LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILFUL MISCONDUCT, OR FOR DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE ABOVE EXCLUSIONS AND LIMITATIONS, SO SOME OR ALL OF THEM MAY NOT APPLY TO YOU.
11. General Terms
A. Entire Agreement
ⓘ This agreement can be changed only in writing signed by Gold Brewed.
This Agreement, together with any other Gold Brewed terms that govern your use of Gold Brewed Services, constitutes the entire agreement between you and Gold Brewed. The Agreement may not be amended or modified unless made in writing and signed by Gold Brewed. The failure of Gold Brewed to exercise any right under this Agreement shall not constitute a waiver of the right or any other right. If any part of this Agreement is held to be unenforceable, all other parts of this Agreement shall continue in full force and effect.
15. Dispute Resolutions by Binding Arbitration
ⓘ This section only applies if you live outside of Quebec, Russia, Switzerland, Brazil, Mexico, the member states of the EEA, United Kingdom and the Republic of Korea.
If you have a dispute, you agree to send details in writing to Gold Brewed, and then arbitrate. You agree that any claim you bring against Gold Brewed is in your individual capacity, and not as a class member, class representative, or as part of a class, collective or representative action.
THIS SECTION APPLIES TO ALL CONSUMERS AND PEOPLE WHO ACCEPTED THE TERMS OF THIS AGREEMENT. IT EXCLUDES RESIDENTS OF QUEBEC, RUSSIA, SWITZERLAND, BRAZIL, MEXICO, THE MEMBER STATES OF THE EEA, UNITED KINGDOM AND THE REPUBLIC OF KOREA. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU AND Gold Brewed EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY AND AGREE TO RESOLVE YOUR DISPUTES IN MANDATORY, FINAL AND BINDING ARBITRATION. YOU ALSO AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION.
This Section 15 offers a streamlined way to resolve disputes between us if they arise. You and Gold Brewed agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. If Gold Brewed cannot resolve your concern, you and Gold Brewed agree to be bound by the procedure set forth in this Section to resolve any and all disputes between us.
This Section 15 is an agreement between you and Gold Brewed, and applies to our respective agents, employees, subsidiaries, predecessors, successors, beneficiaries and assigns. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act ("FAA") governs the interpretation and enforcement of this Section 15 and any arbitration carried out under this Section. This Section 15 shall be interpreted broadly and shall survive termination of this Agreement.
A. Claims Covered by Arbitration
All disputes, claims or controversies arising out of or relating to this Agreement, any Gold Brewed Service and its marketing, or the relationship between you and Gold Brewed, including the validity, enforceability, and scope of this Section 15 ("Disputes"), shall be determined exclusively by binding arbitration. This includes claims that accrued before you entered into this Agreement. The only Disputes not covered by this Section 15 are claims (i) regarding the infringement, protection or validity of your, Gold Brewed's or Gold Brewed's licensors' trade secrets, copyright, trademark or patent rights; (ii) if you reside in Australia, to enforce a statutory consumer right under Australian consumer law; (iii) brought in small claims court; and (iv) any and all disputes arising out of or relating to the Class Action Waiver, including, but not limited to, any claim that all or part of the Class Action Waiver is unenforceable, unconscionable, illegal, void, or voidable.
To the extent the parties have related arbitrable and non-arbitrable disputes, the arbitrable disputes shall proceed first in arbitration and the non-arbitrable disputes shall be stayed, and any applicable statutes of limitations tolled, pending completion of the arbitration.
B. Informal Negotiations
You and Gold Brewed shall first attempt to resolve any Dispute informally before initiating arbitration. The informal negotiations begin upon receipt of written notice from one party to the other ("Notice of Dispute"). You must mail an individualized Notice of Dispute to: www.goldbrewed.com. The Notice of Dispute must include: (a) your name, telephone number, mailing address, and e-mail address associated with your Gold Brewed Account (or your Gold Brewed username); (b) a description of the nature and basis of your dispute (including the game(s) at issue); (c) the amount you are seeking from Gold Brewed; and (d) your personal signature. If Gold Brewed has a dispute with you, Gold Brewed will send a Notice of Dispute with the same information to the email address associated with your account. You and Gold Brewed must participate in informal negotiations for at least 60 days after receiving the Notice of Dispute, unless the parties mutually agree to an extension. The party sending the Notice of Dispute may not file any demand for arbitration before the 60-day period (or any mutually-agreed upon extended period).
The arbitrator shall dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures. If an arbitration is dismissed because a party willfully failed to comply with these informal dispute resolution procedures, the arbitrator may order the non-compliant party to pay any arbitration filing fees and costs incurred by the other party. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process described in this paragraph.
C. Binding Arbitration
If you and Gold Brewed cannot resolve a Dispute informally, you or Gold Brewed may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. A party initiating an arbitration shall provide with its arbitration demand all of the information required in the Notice of Dispute, as well as a certification that the party complied with the informal dispute resolution procedures. The arbitration shall be administered by the American Arbitration Association under its Consumer Arbitration Rules ("AAA Consumer Rules"), and, if applicable, its Mass Supplementary Arbitration Rules ("AAA Mass Arbitration Rules"), which are available at www.adr.org or by calling 1-800-778-7879, with the following modifications:
1. Arbitration fees and costs shall be governed by the AAA Consumer Rules or AAA Mass Arbitration Rules (if applicable), unless as otherwise stated in this arbitration agreement.
2. If the Dispute does not exceed $25,000, the arbitration will be conducted solely on the basis of written submissions, unless the arbitrator determines that a hearing is necessary for any reason, including but not limited to because a hearing is necessary to afford a party a full and fair opportunity to present its claims or defenses.
3. The parties may bring any dispositive motion or motions during the course of the proceedings.
4. The arbitrator shall make a decision in writing, which will include the findings and conclusions on which the decision is based. The arbitrator has the authority to issue any relief allowed by applicable law, but the arbitrator shall have no authority to issue any relief on any basis other than an individual basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and Gold Brewed may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
D. Class Action Waiver
You and Gold Brewed agree that any and all Disputes between the parties shall be resolved only in individual arbitration. The parties expressly waive the right to have any Dispute brought, heard, administered, resolved, or arbitrated as a class, collective, coordinated, consolidated, or representative action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any class, collective, coordinated, consolidated, or representative action, or to award relief to anyone but the individual in arbitration. The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. Notwithstanding anything else in this Agreement, this Class Action Waiver does not prevent you or Gold Brewed from participating in a classwide, collective, or representative settlement of claims. If governing law (after taking FAA preemption into account) does not allow the parties to waive claims for public injunctive relief, any claim for public injunctive relief must be heard by a court, not an arbitrator, but the parties’ non-arbitrable disputes shall be stayed pending arbitration, as stated in paragraph A.
E. Grouped Arbitrations
To the extent permitted by applicable law and notwithstanding any other provision of this Agreement, to increase efficiency of resolution, in the event 50 or more similar arbitration demands are filed within a 30-day period:
(a) the parties shall cooperate to organize the arbitration demands into randomized groups of no more than 50 demands (plus, to the extent there are fewer than 50 arbitration demands remaining, a final group consisting of the remaining demands);
(b) AAA shall assess one set of filing and administrative fees per group and shall assign one arbitrator per group, subject to any applicable disclosure and disqualification procedures available under applicable law;
(c) AAA shall set one initial conference per group;
(d) regardless of the grouping described above, the arbitrator shall resolve all arbitrations within a group on an individual basis;
(e) the first group of 50 arbitrations shall proceed on an individual basis, while the remaining cases are stayed and applicable statutes of limitations for those cases are tolled;
(f) the parties shall use their best efforts to complete the initial 50 individual arbitrations within 120 days after the initial conference, and shall engage in good-faith mediation following resolution of the initial 50 individual arbitrations;
(g) if mediation is unsuccessful, the remaining cases shall proceed on an individual basis in groups of 50 cases (plus, to the extent there are fewer than 50 arbitration demands remaining, a final group consisting of the remaining demands); and
(h) no final award from an arbitrator in any one arbitration shall have preclusive effect in any other arbitration.
The parties agree to cooperate in good faith to implement such a grouped approach to administration of the arbitration demands. If any similar arbitration demands were originally processed as individual arbitration demands before this grouping procedure was commenced, further proceedings, including the assessment of further arbitration filing or administration fees to either party shall be governed by the procedures set forth in this paragraph E.
F. Location
If you live in the United States, arbitration will take place in the county in which you reside. For residents outside the United States, arbitration shall be initiated in the County of San Mateo, State of California, United States of America, so that an arbitrator familiar with California law can be appointed, and if the arbitrator determines that the proceedings will take place in person instead of by electronic or telephonic means, the arbitrator will select a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. You and Gold Brewed agree to submit to the personal jurisdiction of the courts in the County of San Mateo, State of California, United States of America to compel arbitration, to stay the proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
G. Severability
In the event any portion of this arbitration agreement is deemed unenforceable, the remainder of this agreement to arbitrate will be enforceable.
16. Supplemental Terms for PlayStation®
ⓘ Additional terms apply to PlayStation™Store purchases.
A. For Purchases in PlayStation™Store in North America
Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America.
B. For Purchases in PlayStation™Store in Europe
Any content purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Europe Limited ("SIENE") and be subject to PlayStation™Network Terms of Service and User Agreement which is available on the PlayStation™Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
Last Updated: January 20, 2025
For further details please visit: https://www.goldbrewed.com/privacypolicy