| Language: |
END USER LICENSE AGREEMENT
Last update: April 22, 2025
THIS IS A BINDING LEGAL CONTRACT BETWEEN YOU AND STREAMLINE MEDIA GROUP, INC. (“STREAMLINE” OR “WE”). CAREFULLY READ THIS END-USER LICENSE AGREEMENT BEFORE INSTALLING, ACCESSING OR UTILIZING THE GAME. YOUR USE, DISTRIBUTION OR INSTALLATION OF THE GAME INDICATES YOUR ACCEPTANCE OF THIS END-USER LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO OPEN, DOWNLOAD, INSTALL, COPY, OR USE THE GAME.
This end-user license agreement (“EULA”) is a legal agreement between you (“End User” or “you”) and Streamline. This EULA applies to the game and the software within it, including any patches or updates and any and all copies of the game, including but not limited to accompanying files, data, documentation, and any materials (collectively, the “Game”). The Game is owned by Les’ Copaque Production Sdn. Bhd. and held by Streamline Media Group Inc., a Delaware Corporation, located at 410 South Rampart Boulevard, Suite 390, Las Vegas, NV, United States. 89145, USA as an authorized licensee and publisher.
The Game is licensed to you, not sold, based on this EULA. If you are not eighteen (18) years of age or over, you must have your parent or legal guardian review and approve this EULA on your behalf. Your consent to this EULA and use of the Game signifies that you have received the specific permission of your parent or legal guardian. Streamline may require you to provide adequate proof of your identity, age and consent of a parent or legal guardian at any time.
IF YOU AGREE TO BE BOUND BY THIS EULA PLEASE CLICK "I ACCEPT" OR A SIMILAR AFFIRMATION (WHERE APPLICABLE) AT THE END OF THIS EULA AND THE GAME WILL BE INSTALLED ONTO YOUR HARD DRIVE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA AND DO NOT CLICK "I ACCEPT" OR A SIMILAR AFFIRMATION (WHERE APPLICABLE), THEN THE GAME WILL NOT BE LOADED ONTO YOUR HARD DRIVE AND YOU SHALL NOT BE GRANTED A LICENSE TO THE GAME.
NOTE: THIS EULA INCORPORATES A BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION THAT MAY AFFECT YOUR RIGHTS UNDER THIS EULA WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND STREAMLINE. YOU MAY CHOOSE TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS IN ACCORDANCE WITH THE TERMS DESCRIBED IN THIS EULA.
AGREED TERMS
1. END USER’S ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS
1.1 You confirm your agreement to this EULA by accepting it as part of the installation process of the Game or using the Game. The Game is offered subject to your compliance with all of the terms and conditions contained herein and all other operating rules, policies and procedures. If you do not agree with this EULA, please do not install or use the Game.
1.2 You acknowledge and agree that Les’ Copaque Production Sdn. Bhd. is a third-party beneficiary of this EULA, and that, upon your acceptance of these terms and conditions by download and use of the Game, Les’ Copaque Production Sdn. Bhd. will have the right (and will be deemed to have accepted the right) to enforce this EULA as a third-party beneficiary thereof.
1.3 The Game is only designed for your personal use after you have accepted the terms of the EULA and downloaded the Game on your device.
1.4 In addition to this EULA, there may be additional terms and conditions that apply to our relationship with you and your use of the Game (“Additional Terms”). These Additional Terms may be either referenced directly in this EULA or otherwise presented to you when using the relevant services. You agree to comply with these Additional Terms.
2. GRANT AND SCOPE OF LICENCE
2.1 Subject to your compliance with the terms and conditions of this EULA, Streamline hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, revocable and personal license to install and use one (1) copy of the Game on the device that End User owns or controls solely and exclusively for the End User’s non-commercial use for gameplay on a single platform (e.g., computer, mobile device, or gaming console) that you own or control or, if you obtained the Game through the PlayStation Network (“PSN”), then on a system to which the Game is delivered by the PSN. For avoidance of doubt, the foregoing does not prohibit you from installing and using an additional copy of each Game on a different platform. This EULA shall also apply to any patches or updates you may obtain for the Game.
2.2 Streamline reserves all rights in and to the Game not expressly granted to you under this EULA.
3. LICENSE RESTRICTIONS
Except as expressly set out in this EULA or as permitted by any local applicable law, you agree:
3.1 not to rent, lease, lend, sell, redistribute, merge, communicate to the public, adapt or sublicense whole or part of the Game;
3.2 not to copy, translate, correct, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Game, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be expressly permitted in writing by Streamline);
3.3 not to use the Game in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Game or any operating system;
3.4 not to infringe Streamline’s intellectual property rights or those of any third party in relation to your use of the Game;
3.5 not to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Game;
3.6 not use the Game in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
3.7 not to Reproduce the Game or any related material to any other server or location for the purposes of duplication, copying or any other form of reproduction.
4. CONSENT TO COLLECTION AND USE OF DATA
4.1 You agree that Streamline may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Game. Streamline may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
4.2 You further acknowledge that certain personal data may be collected by access to and download of the Game. Typically, this would include the website that referred you (if any), your internet protocol “IP” address, your name, your business and/or home address or your email address solely related to the purchase transaction of the Game that End User may provide (“Personal Information”). Streamline may use this Personal Information to generate End User profile, to contact you as “opted-in” by download and use of the Game, to collect demographics and other statistics for improvement of the Game, to effectively market Streamline products and services, and to tailor usability and functionality of the Game to you and other End-Users.
4.3 No Personal Information is sold, traded, or distributed to third parties by Streamline. Streamline reserves the right, however, to disclose any such Personal Information if required to do so by law, or in the event such action will reasonably comply with legal process, respond to claims, or to protect the rights, property and/or safety of Streamline, and other End-Users.
4.4 Streamline may make available for End User, the option of discontinuing receipt of promotional email communications and removing the End Users' information from Streamline’s databases. Instructions for “opting out” of these promotional email communications will be provided in the actual email communications to End Users who have registered, authorized, or "opted-in" for such notices.
4.5 Further information about Streamline data collection and privacy policies for the End User can be found at our Privacy Policy: https://www.upinipinuniverse.com/privacy-policy.
5. PATCHES AND UPDATES
5.1 Streamline may provide patches, updates, or upgrades to the Game that must be installed for you to continue to use the Game. Streamline may update the Game remotely without notifying you, and you hereby consent to Streamline applying patches, updates, and upgrades. Streamline may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Game at any time. You acknowledge that your use of the Game does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Game, including but not limited to (where applicable) an in-game rewards, trophies, achievements, character levels, virtual currency, or virtual goods, if any. You also acknowledge that any character data, game progress, game customization or other data related to your use of the Game may cease to be available to you at any time without notice from Streamline, including without limitation after a patch, update, or upgrade is applied by Streamline. Streamline does not have any maintenance or support obligations to you with respect to the Game.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 End User acknowledges and accepts that all intellectual property rights in the Game (including but not limited to source code, technology, logos, sounds, musical compositions, recordings, audiovisual effects, images, animations, illustrations, color schemes, contents, concepts, ideas, trademarks, service marks, trade secrets, characters, logos, commercial names, texts, graphics, designs, “look-and-feel”, know-how, videos, related documentation, any and all copyrighted material, patent, etc.) (collectively, “Intellectual Property”) are owned by Les’ Copaque Production Sdn. Bhd.and/or licensed third parties.
6.2 End User acknowledges that rights in the Game are licensed and not sold to you, and that you have no rights in, or to, the Game other than the right to use it in accordance with the terms of this EULA. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN THIS EULA ARE RESERVED BY STREAMLINE AND ITS LICENSORS OR SUPPLIERS.
6.3 Copyright owners or agents of copyright owners who believe that anything in the Game infringes upon any copyright owned or controlled by them, may submit a notification of such infringement with Streamline Media Group, Inc., Address: 410 South Rampart Boulevard, Suite 390, Las Vegas, NV 89145, USA. Attn: Legal Department. The processing of your notification can be expedited by providing the information and declarations set out in 17 U.S.C. §512(c)(3). Compliance with this statute is not a prerequisite for infringement notification except for copyright owners located in the United States. Any person who knowingly misrepresents in a notification that the material or activity is infringing, may be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the accused material or activity. Streamline has adopted a policy of terminating, in appropriate circumstances and at Streamline’s sole discretion, users who are repeat infringers of the intellectual property rights of third parties. Provided however that, Streamline also may limit or terminate access to the Game of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
7. DISCLAIMER
7.1 YOU ACKNOWLEDGE AND AGREE THAT STREAMLINE AND/OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND OTHER PARTNERS AND SUPPLIERS DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE GAME WILL BE UNINTERRUPTED OR BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER DISABLING FEATURES OR OTHER SECURITY INVASION OR ANY INCOMPATIBILITY AMONG THE GAME, OTHER SERVICES, AND HARDWARE, AND STREAMLINE DISCLAIMS ANY LIABILITY IN RELATION THERETO PURSUANT TO SECTION 9. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE GAME IS AT YOUR SOLE RISK.
7.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW THE GAME AND ALL PRODUCTS AND SERVICES, IF ANY, DELIVERED TO YOU THROUGH THE GAME ARE (EXCEPT AS EXPRESSLY STATED BY STREAMLINE) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. STREAMLINE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE GAME, EITHER EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. FOR THE AVOIDANCE OF DOUBT, THE FOREGOING DISCLAIMER APPLIES TO THE UNREAL® ENGINE CODE AND OTHER CODE, MATERIALS, AND INFORMATION FROM EPIC GAMES, INC. INCORPORATED INTO THE GAME. THIS PRODUCT IS DEVELOPED USING UNREAL® ENGINE. UNREAL® ENGINE IS A TRADEMARK OR REGISTERED TRADEMARK OF EPIC GAMES, INC. IN THE UNITED STATES AND ELSEWHERE. EPIC GAMES, INC. IS NOT AFFILIATED WITH OR RESPONSIBLE FOR THIS PRODUCT.
7.3 THE FOREGOING EXCLUSION, DISCLAIMER OR LIMITATION DO NOT APPLY TO JURISDICTIONS WHICH PROHIBIT THE DISCLAIMER OF IMPLIED TERMS NOR EXCLUSION OR LIMITATION OF WARRANTIES OR GUARANTEES IN CONTRACTS WITH CONSUMERS UNDER LOCAL LAW.
8. LIABILITY LIMITATIONS
8.1 STREAMLINE AND/OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND OTHER PARTNERS AND SUPPLIERS SHALL HAVE NO LIABILITY OF ANY KIND FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE GAME OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE GAME OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
8.2 OUR MAXIMUM AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS EULA WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL IN ALL CIRCUMSTANCES NOT EXCEED ONE HUNDRED DOLLARS ($100) OR, IF HIGHER,THE AMOUNT, IF ANY, PAID BY YOU TO ACCESS AND USE THE GAME. THIS DOES NOT APPLY TO THE TYPES OF LOSS SET OUT IN SECTION 8.3.
8.3 Nothing in this EULA shall limit or exclude our liability for:
a) death or personal injury resulting from Streamline’s negligence;
b) fraud or fraudulent misrepresentation by Streamline;
c) intentional acts or gross negligence of Streamline;
d) loss or destruction of tangible personal property caused by the use of the Game; and
e) any other liability that cannot be excluded or limited by the applicable law.
9. TERMINATION
9.1 Subject to your compliance with the terms and conditions of this EULA, this EULA shall remain effective while you use the Game, unless terminated by the End User or Streamline with or without cause at any time with reasonable prior notice. The End User may terminate this EULA at any time by uninstalling, deleting, or destroying all copies of the Game in your possession, custody, or control. Streamline shall not be liable to you or any third party for termination of your use of the Game.
9.2 Upon termination of this EULA, (i) you shall cease all use of the Game and destroy all copies, full or partial, of the Game that you hold; (ii) your license to the Game shall cease immediately; and (iii) you will not be entitled to a refund of any fees, including any unused fees, if any.
10. APLICABLE LAW AND DISPUTE RESOLUTION
10.1 With the exclusion of the enforceability of the requirement that arbitrations must be conducted on an individual rather than a class basis, “Dispute ” shall mean any dispute, claim, or controversy between you and Streamline arising from or relating to this EULA and/or the Game, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section. The term “Dispute” is to be given the broadest possible meaning that will be enforced. If you have a Dispute with Streamline or Streamline’s affiliates, officers, directors, employees, contractors, and agents that cannot be resolved through negotiation within the time frame described in Section 10.3 below, then you and Streamline agree to seek resolution of the Dispute only as follows:
• If you are using or accessing the Game outside of the European Union (except for any nation of the Americas, other than the United States of America), through binding arbitration of that Dispute in accordance with the terms of this Section 10. Binding arbitration means a legally-binding process, through which a party may seek legal remedies from or against another party, similar to a legal action brought before a court, but that generally imposes fewer strict procedural formalities, is held before a third party, neutral arbitrator (instead of before a judge or jury), provides for more limited discovery and potentially reduced legal fees for each party, and is subject to limited review by courts.
• If (and only if) you are using or accessing the Game in the European Union, then any Dispute shall be resolved under the laws of England and Wales. You agree that any claim asserted in any legal proceeding by you or Streamline in connection with these this EULA shall be commenced and maintained in any court of competent jurisdiction in London, England, and you and Streamline each agree to submit to the personal jurisdiction of such court.
• If you are a resident of any nation of the Americas, other than the United States of America, either you or Streamline may refer any dispute relating to or arising from this EULA or the Game to alternative dispute resolution (such as conciliation or arbitration) with the prior written consent of the other party. Notwithstanding the foregoing, the terms of this EULA will not prevent you from bringing any Dispute or claim that may be subject to this Section 10: (i) to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from Streamline on your behalf; (ii) bringing against Streamline, in any court of competent jurisdiction, any claim that is not arbitrable or for which arbitration is prohibited or restricted by applicable law; or (iii) from bringing any claim before a small claims court, subject to the jurisdictional limitations and requirements of such small claims court.
10.2 IF YOU HAVE A DISPUTE WITH STREAMLINE, YOU MUST SEND WRITTEN NOTICE EITHER BY (A) SENDING AN EMAIL TO LEGAL@STREAMLINE-MEDIAGROUP.COM OR (B) WRITING TO STREAMLINE MEDIA GROUP, INC., ADDRESS: 410 SOUTH RAMPART BOULEVARD, SUITE 390, LAS VEGAS, NV 89145, USA. ATTN: LEGAL DEPARTMENT, TO GIVE STREAMLINE THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate the resolution of the Dispute in good faith for no less than 60 calendar days after you provide notice of the Dispute.
10.3 The notice of Dispute sent by either party must include the sender’s name, address, and other contact information, a description of the Dispute (including any relevant account names), and what resolution to the Dispute is being sought. All applicable statutes of limitations will be considered tolled beginning on the day one of us sends a compliant notice of Dispute to the other. You or Streamline cannot proceed to arbitration without having first sent a compliant notice of Dispute and completing the informal resolution period provided above. In the event of disagreements over whether a compliant notice of Dispute was sent or an arbitration was filed without completing this informal resolution process, the party aggrieved by this failure can seek relief from a court with appropriate jurisdiction to enjoin the arbitration from proceeding until this informal resolution has been completed, and to order the party that has not followed the informal resolution process to reimburse the other party for any arbitration fees and costs already incurred. If Streamline does not resolve your Dispute within 60 days from receipt of a compliant notice of the Dispute, you or Streamline may pursue your claim in arbitration pursuant to the terms in this Section 10.
10.4 Class Action/Jury Trial Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY DISPUTE NOT SUBJECT TO THE REQUIREMENT TO ARBITRATE, YOU AND STREAMLINE AGREE TO ONLY BRING DISPUTES, CLAIMS, OR CONTROVERSIES BETWEEN YOU AND STREAMLINE THAT RELATES TO THE GAME, YOUR USE OR ATTEMPTED USE OF THE GAME, OR THE EULA, IN AN INDIVIDUAL CAPACITY AND SHALL NOT SEEK TO BRING, JOIN, OR PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION, COLLECTIVE OR CLASS-WIDE ARBITRATION EVEN IF OTHERWISE PERMITTED BY THE FEDERAL ARBITRATION ACT, OR ANY OTHER ACTION WHERE ANOTHER INDIVIDUAL OR ENTITY ACTS IN A REPRESENTATIVE CAPACITY (SUCH AS, PRIVATE ATTORNEY GENERAL ACTIONS; OR CONSOLIDATE OR COMBINE INDIVIDUAL PROCEEDINGS OR PERMIT ANOTHER TO DO SO WITHOUT THE EXPRESS CONSENT OF ALL PARTIES). YOU AND STREAMLINE FURTHER AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY.
10.5 If you or Streamline elect to resolve your Dispute through binding arbitration, the party initiating the arbitration proceeding may initiate it with and shall be governed by the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes, both of which are available at: http://www.adr.org. Notwithstanding the foregoing, you and Streamline agree that any such arbitration will be conducted in English, in accordance with the Rules, by one commercial arbitrator, who shall be selected in accordance with the Rules, and permit the electronic submission of documents and allow participation by phone or by teleconference, or in person, at a mutually agreed location. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with Streamline as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to Streamline or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, except for any right of appeal provided by the AAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement. Streamline will send any Demand for Arbitration to your registered email address and any billing address you have provided us.
10.6 If an in-person hearing is required, the hearing will take place at a mutually agreed location and if this cannot be agreed, the hearing will take place in Las Vegas, Nevada, United States of America.
10.7 RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 CALENDAR DAYS: IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER, YOU MUST NOTIFY STREAMLINE IN WRITING WITHIN 30 CALENDAR DAYS AFTER THE DATE THAT YOU FIRST ACCEPT THIS EULA UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. YOUR WRITTEN NOTIFICATION MUST BE EITHER (A) SENT EITHER BY: (I) FIRST CLASS MAIL, POSTAGE PREPAID, CERTIFIED AND RETURN RECEIPT REQUESTED TO LEGAL@STREAMLINE-MEDIAGROUP.COM OR (B) MAILED TO STREAMLINE MEDIA GROUP, INC., ADDRESS: 410 SOUTH RAMPART BOULEVARD, SUITE 390, LAS VEGAS, NV 89145, USA. ATTN: LEGAL DEPARTMENT; OR (II) OVERNIGHT COURIER SERVICE (SUCH AS FEDERAL EXPRESS. UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW, YOUR OPT OUT NOTICE MUST BE POSTMARKED (IF SENT BY FIRST CLASS MAIL) OR DEPOSITED (IF SENT BY OVERNIGHT COURIER SERVICE) WITHIN: (I) 30 DAYS OF YOUR PURCHASE OF YOUR COPY OF THE GAME; OR (II) IF NO PURCHASE WAS MADE, THEN WITHIN 30 DAYS OF THE DATE ON WHICH YOU FIRST ACCESSED OR USED YOUR COPY OF THE GAME. IN ALL CASES YOU MUST INCLUDE: (1) THE TITLE OF THE GAME TO WHICH YOUR OPT OUT NOTICE IS INTENDED TO APPLY (2) YOUR NAME, (2) YOUR ADDRESS, AND (3) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH STREAMLINE THROUGH BINDING ARBITRATION AND/OR TO THE CLASS ACTION WAIVER. STREAMLINE MAY USE THE FOREGOING INFORMATION INCLUDED IN THE OPT OUT NOTICE TO RECORD, PROCESS, MAINTAIN, AND ADMINISTER YOUR OPTING OUT OF THE ARBITRATION AGREEMENT AND/OR CLASS ACTION WAIVER, AS APPLICABLE, BUT NOT FOR MARKETING PURPOSES. IF YOU SUBMIT AN OPT OUT NOTICE THAT FAILS TO MEET ANY OF THE REQUIREMENTS SET FORTH IN THIS SECTION, YOU AND STREAMLINE WILL BE BOUND BY THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SET FORTH IN THIS EULA.
10.8 If all or any provision of this Section 10 is found to be illegal or unenforceable, then you and Streamline agree that the provision will be severed and the rest of the agreement shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the prohibition on class arbitrations is found invalid, unenforceable, or illegal, you and Streamline agree that it will not be severable; this entire Section 10 (except for the Class Action Waiver and Jury Trial Waiver provisions and Section 10.9) will be void and unenforceable, and any Dispute will be resolved in court in accordance with Section 10.9. Under no circumstances shall arbitration be conducted on a class basis without Streamline’s express consent.
10.9 Subject to, and to the maximum extent permitted by the, local law applicable in the country in which you obtain or use the Game: You agree that the Game shall be deemed exclusively based in Las Vegas, Nevada, United States of America, and this EULA shall be deemed to have been made and executed exclusively in Las Vegas, Nevada, United States of America. Any dispute arising out of this EULA shall be resolved in accordance with the laws of the State of Nevada, United States of America without reference to its conflict of law provisions or the United Nations Convention on Contracts for the International Sale of Goods. Subject to the provisions of Section 10, you agree that any claim asserted in any legal proceeding by you or Streamline in connection with this EULA shall be commenced and maintained in any state or federal court located in Clark County, Las Vegas, Nevada, United States of America, having subject matter jurisdiction with respect to such dispute. You and Streamline each agree to submit to the personal jurisdiction of such court. The prevailing party in any such proceeding shall be entitled to reimbursement of court costs, including reasonable attorneys’ fees, in addition to any other remedy awarded.
10.10. In the event any provision of this EULA shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of these Terms shall remain in full force and effect. You may not transfer or assign any of your rights or obligations provided in this EULA without the express prior written approval of Streamline; Streamline may assign this EULA without restriction of any kind. No failure on the part of Streamline to enforce any provision of this EULA shall be deemed a waiver or consent. This EULA and the Privacy Policy constitute and contain the entire agreement and understanding between you and Streamline with respect to the subject matter hereof and supersedes any prior oral or written agreements or understandings.
As between Streamline and its licensors, Streamline will be solely responsible for the Game and support for the Game. You and Streamline acknowledge and agree that the following are intended third-party beneficiaries of this EULA:
• Les’ Copaque Production Sdn Bhd.
There are no other third-party beneficiaries of this EULA.
10.11. The provisions of Sections 3, 4, 5, 6, 7, 8, 10, and 11 shall survive termination and/or expiration of this EULA and any Sections, terms or provisions which reasonably ought to survive the expiration or termination of this EULA.
11. AMENDMENTS
Streamline reserves the right to change or modify this EULA at any time and for any reason at Streamline’s sole discretion. If Streamline makes changes to this EULA, we will provide thirty (30) days’ prior notice of such changes, such as by providing notice through the Game. Your continued use of the Game after the effective date of such changes will confirm your acceptance of the revised EULA. Where required by applicable consumer protection laws, any material changes to this EULA shall be communicated in advance and will require your affirmative acceptance.
You should print a copy of this EULA for future reference.
Last update: April 22, 2025
THIS IS A BINDING LEGAL CONTRACT BETWEEN YOU AND STREAMLINE MEDIA GROUP, INC. (“STREAMLINE” OR “WE”). CAREFULLY READ THIS END-USER LICENSE AGREEMENT BEFORE INSTALLING, ACCESSING OR UTILIZING THE GAME. YOUR USE, DISTRIBUTION OR INSTALLATION OF THE GAME INDICATES YOUR ACCEPTANCE OF THIS END-USER LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO OPEN, DOWNLOAD, INSTALL, COPY, OR USE THE GAME.
This end-user license agreement (“EULA”) is a legal agreement between you (“End User” or “you”) and Streamline. This EULA applies to the game and the software within it, including any patches or updates and any and all copies of the game, including but not limited to accompanying files, data, documentation, and any materials (collectively, the “Game”). The Game is owned by Les’ Copaque Production Sdn. Bhd. and held by Streamline Media Group Inc., a Delaware Corporation, located at 410 South Rampart Boulevard, Suite 390, Las Vegas, NV, United States. 89145, USA as an authorized licensee and publisher.
The Game is licensed to you, not sold, based on this EULA. If you are not eighteen (18) years of age or over, you must have your parent or legal guardian review and approve this EULA on your behalf. Your consent to this EULA and use of the Game signifies that you have received the specific permission of your parent or legal guardian. Streamline may require you to provide adequate proof of your identity, age and consent of a parent or legal guardian at any time.
IF YOU AGREE TO BE BOUND BY THIS EULA PLEASE CLICK "I ACCEPT" OR A SIMILAR AFFIRMATION (WHERE APPLICABLE) AT THE END OF THIS EULA AND THE GAME WILL BE INSTALLED ONTO YOUR HARD DRIVE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA AND DO NOT CLICK "I ACCEPT" OR A SIMILAR AFFIRMATION (WHERE APPLICABLE), THEN THE GAME WILL NOT BE LOADED ONTO YOUR HARD DRIVE AND YOU SHALL NOT BE GRANTED A LICENSE TO THE GAME.
NOTE: THIS EULA INCORPORATES A BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION THAT MAY AFFECT YOUR RIGHTS UNDER THIS EULA WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND STREAMLINE. YOU MAY CHOOSE TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS IN ACCORDANCE WITH THE TERMS DESCRIBED IN THIS EULA.
AGREED TERMS
1. END USER’S ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS
1.1 You confirm your agreement to this EULA by accepting it as part of the installation process of the Game or using the Game. The Game is offered subject to your compliance with all of the terms and conditions contained herein and all other operating rules, policies and procedures. If you do not agree with this EULA, please do not install or use the Game.
1.2 You acknowledge and agree that Les’ Copaque Production Sdn. Bhd. is a third-party beneficiary of this EULA, and that, upon your acceptance of these terms and conditions by download and use of the Game, Les’ Copaque Production Sdn. Bhd. will have the right (and will be deemed to have accepted the right) to enforce this EULA as a third-party beneficiary thereof.
1.3 The Game is only designed for your personal use after you have accepted the terms of the EULA and downloaded the Game on your device.
1.4 In addition to this EULA, there may be additional terms and conditions that apply to our relationship with you and your use of the Game (“Additional Terms”). These Additional Terms may be either referenced directly in this EULA or otherwise presented to you when using the relevant services. You agree to comply with these Additional Terms.
2. GRANT AND SCOPE OF LICENCE
2.1 Subject to your compliance with the terms and conditions of this EULA, Streamline hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, revocable and personal license to install and use one (1) copy of the Game on the device that End User owns or controls solely and exclusively for the End User’s non-commercial use for gameplay on a single platform (e.g., computer, mobile device, or gaming console) that you own or control or, if you obtained the Game through the PlayStation Network (“PSN”), then on a system to which the Game is delivered by the PSN. For avoidance of doubt, the foregoing does not prohibit you from installing and using an additional copy of each Game on a different platform. This EULA shall also apply to any patches or updates you may obtain for the Game.
2.2 Streamline reserves all rights in and to the Game not expressly granted to you under this EULA.
3. LICENSE RESTRICTIONS
Except as expressly set out in this EULA or as permitted by any local applicable law, you agree:
3.1 not to rent, lease, lend, sell, redistribute, merge, communicate to the public, adapt or sublicense whole or part of the Game;
3.2 not to copy, translate, correct, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Game, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be expressly permitted in writing by Streamline);
3.3 not to use the Game in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Game or any operating system;
3.4 not to infringe Streamline’s intellectual property rights or those of any third party in relation to your use of the Game;
3.5 not to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Game;
3.6 not use the Game in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
3.7 not to Reproduce the Game or any related material to any other server or location for the purposes of duplication, copying or any other form of reproduction.
4. CONSENT TO COLLECTION AND USE OF DATA
4.1 You agree that Streamline may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Game. Streamline may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
4.2 You further acknowledge that certain personal data may be collected by access to and download of the Game. Typically, this would include the website that referred you (if any), your internet protocol “IP” address, your name, your business and/or home address or your email address solely related to the purchase transaction of the Game that End User may provide (“Personal Information”). Streamline may use this Personal Information to generate End User profile, to contact you as “opted-in” by download and use of the Game, to collect demographics and other statistics for improvement of the Game, to effectively market Streamline products and services, and to tailor usability and functionality of the Game to you and other End-Users.
4.3 No Personal Information is sold, traded, or distributed to third parties by Streamline. Streamline reserves the right, however, to disclose any such Personal Information if required to do so by law, or in the event such action will reasonably comply with legal process, respond to claims, or to protect the rights, property and/or safety of Streamline, and other End-Users.
4.4 Streamline may make available for End User, the option of discontinuing receipt of promotional email communications and removing the End Users' information from Streamline’s databases. Instructions for “opting out” of these promotional email communications will be provided in the actual email communications to End Users who have registered, authorized, or "opted-in" for such notices.
4.5 Further information about Streamline data collection and privacy policies for the End User can be found at our Privacy Policy: https://www.upinipinuniverse.com/privacy-policy.
5. PATCHES AND UPDATES
5.1 Streamline may provide patches, updates, or upgrades to the Game that must be installed for you to continue to use the Game. Streamline may update the Game remotely without notifying you, and you hereby consent to Streamline applying patches, updates, and upgrades. Streamline may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Game at any time. You acknowledge that your use of the Game does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Game, including but not limited to (where applicable) an in-game rewards, trophies, achievements, character levels, virtual currency, or virtual goods, if any. You also acknowledge that any character data, game progress, game customization or other data related to your use of the Game may cease to be available to you at any time without notice from Streamline, including without limitation after a patch, update, or upgrade is applied by Streamline. Streamline does not have any maintenance or support obligations to you with respect to the Game.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 End User acknowledges and accepts that all intellectual property rights in the Game (including but not limited to source code, technology, logos, sounds, musical compositions, recordings, audiovisual effects, images, animations, illustrations, color schemes, contents, concepts, ideas, trademarks, service marks, trade secrets, characters, logos, commercial names, texts, graphics, designs, “look-and-feel”, know-how, videos, related documentation, any and all copyrighted material, patent, etc.) (collectively, “Intellectual Property”) are owned by Les’ Copaque Production Sdn. Bhd.and/or licensed third parties.
6.2 End User acknowledges that rights in the Game are licensed and not sold to you, and that you have no rights in, or to, the Game other than the right to use it in accordance with the terms of this EULA. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN THIS EULA ARE RESERVED BY STREAMLINE AND ITS LICENSORS OR SUPPLIERS.
6.3 Copyright owners or agents of copyright owners who believe that anything in the Game infringes upon any copyright owned or controlled by them, may submit a notification of such infringement with Streamline Media Group, Inc., Address: 410 South Rampart Boulevard, Suite 390, Las Vegas, NV 89145, USA. Attn: Legal Department. The processing of your notification can be expedited by providing the information and declarations set out in 17 U.S.C. §512(c)(3). Compliance with this statute is not a prerequisite for infringement notification except for copyright owners located in the United States. Any person who knowingly misrepresents in a notification that the material or activity is infringing, may be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the accused material or activity. Streamline has adopted a policy of terminating, in appropriate circumstances and at Streamline’s sole discretion, users who are repeat infringers of the intellectual property rights of third parties. Provided however that, Streamline also may limit or terminate access to the Game of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
7. DISCLAIMER
7.1 YOU ACKNOWLEDGE AND AGREE THAT STREAMLINE AND/OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND OTHER PARTNERS AND SUPPLIERS DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE GAME WILL BE UNINTERRUPTED OR BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER DISABLING FEATURES OR OTHER SECURITY INVASION OR ANY INCOMPATIBILITY AMONG THE GAME, OTHER SERVICES, AND HARDWARE, AND STREAMLINE DISCLAIMS ANY LIABILITY IN RELATION THERETO PURSUANT TO SECTION 9. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE GAME IS AT YOUR SOLE RISK.
7.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW THE GAME AND ALL PRODUCTS AND SERVICES, IF ANY, DELIVERED TO YOU THROUGH THE GAME ARE (EXCEPT AS EXPRESSLY STATED BY STREAMLINE) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. STREAMLINE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE GAME, EITHER EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. FOR THE AVOIDANCE OF DOUBT, THE FOREGOING DISCLAIMER APPLIES TO THE UNREAL® ENGINE CODE AND OTHER CODE, MATERIALS, AND INFORMATION FROM EPIC GAMES, INC. INCORPORATED INTO THE GAME. THIS PRODUCT IS DEVELOPED USING UNREAL® ENGINE. UNREAL® ENGINE IS A TRADEMARK OR REGISTERED TRADEMARK OF EPIC GAMES, INC. IN THE UNITED STATES AND ELSEWHERE. EPIC GAMES, INC. IS NOT AFFILIATED WITH OR RESPONSIBLE FOR THIS PRODUCT.
7.3 THE FOREGOING EXCLUSION, DISCLAIMER OR LIMITATION DO NOT APPLY TO JURISDICTIONS WHICH PROHIBIT THE DISCLAIMER OF IMPLIED TERMS NOR EXCLUSION OR LIMITATION OF WARRANTIES OR GUARANTEES IN CONTRACTS WITH CONSUMERS UNDER LOCAL LAW.
8. LIABILITY LIMITATIONS
8.1 STREAMLINE AND/OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND OTHER PARTNERS AND SUPPLIERS SHALL HAVE NO LIABILITY OF ANY KIND FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE GAME OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE GAME OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
8.2 OUR MAXIMUM AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS EULA WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL IN ALL CIRCUMSTANCES NOT EXCEED ONE HUNDRED DOLLARS ($100) OR, IF HIGHER,THE AMOUNT, IF ANY, PAID BY YOU TO ACCESS AND USE THE GAME. THIS DOES NOT APPLY TO THE TYPES OF LOSS SET OUT IN SECTION 8.3.
8.3 Nothing in this EULA shall limit or exclude our liability for:
a) death or personal injury resulting from Streamline’s negligence;
b) fraud or fraudulent misrepresentation by Streamline;
c) intentional acts or gross negligence of Streamline;
d) loss or destruction of tangible personal property caused by the use of the Game; and
e) any other liability that cannot be excluded or limited by the applicable law.
9. TERMINATION
9.1 Subject to your compliance with the terms and conditions of this EULA, this EULA shall remain effective while you use the Game, unless terminated by the End User or Streamline with or without cause at any time with reasonable prior notice. The End User may terminate this EULA at any time by uninstalling, deleting, or destroying all copies of the Game in your possession, custody, or control. Streamline shall not be liable to you or any third party for termination of your use of the Game.
9.2 Upon termination of this EULA, (i) you shall cease all use of the Game and destroy all copies, full or partial, of the Game that you hold; (ii) your license to the Game shall cease immediately; and (iii) you will not be entitled to a refund of any fees, including any unused fees, if any.
10. APLICABLE LAW AND DISPUTE RESOLUTION
10.1 With the exclusion of the enforceability of the requirement that arbitrations must be conducted on an individual rather than a class basis, “Dispute ” shall mean any dispute, claim, or controversy between you and Streamline arising from or relating to this EULA and/or the Game, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section. The term “Dispute” is to be given the broadest possible meaning that will be enforced. If you have a Dispute with Streamline or Streamline’s affiliates, officers, directors, employees, contractors, and agents that cannot be resolved through negotiation within the time frame described in Section 10.3 below, then you and Streamline agree to seek resolution of the Dispute only as follows:
• If you are using or accessing the Game outside of the European Union (except for any nation of the Americas, other than the United States of America), through binding arbitration of that Dispute in accordance with the terms of this Section 10. Binding arbitration means a legally-binding process, through which a party may seek legal remedies from or against another party, similar to a legal action brought before a court, but that generally imposes fewer strict procedural formalities, is held before a third party, neutral arbitrator (instead of before a judge or jury), provides for more limited discovery and potentially reduced legal fees for each party, and is subject to limited review by courts.
• If (and only if) you are using or accessing the Game in the European Union, then any Dispute shall be resolved under the laws of England and Wales. You agree that any claim asserted in any legal proceeding by you or Streamline in connection with these this EULA shall be commenced and maintained in any court of competent jurisdiction in London, England, and you and Streamline each agree to submit to the personal jurisdiction of such court.
• If you are a resident of any nation of the Americas, other than the United States of America, either you or Streamline may refer any dispute relating to or arising from this EULA or the Game to alternative dispute resolution (such as conciliation or arbitration) with the prior written consent of the other party. Notwithstanding the foregoing, the terms of this EULA will not prevent you from bringing any Dispute or claim that may be subject to this Section 10: (i) to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from Streamline on your behalf; (ii) bringing against Streamline, in any court of competent jurisdiction, any claim that is not arbitrable or for which arbitration is prohibited or restricted by applicable law; or (iii) from bringing any claim before a small claims court, subject to the jurisdictional limitations and requirements of such small claims court.
10.2 IF YOU HAVE A DISPUTE WITH STREAMLINE, YOU MUST SEND WRITTEN NOTICE EITHER BY (A) SENDING AN EMAIL TO LEGAL@STREAMLINE-MEDIAGROUP.COM OR (B) WRITING TO STREAMLINE MEDIA GROUP, INC., ADDRESS: 410 SOUTH RAMPART BOULEVARD, SUITE 390, LAS VEGAS, NV 89145, USA. ATTN: LEGAL DEPARTMENT, TO GIVE STREAMLINE THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate the resolution of the Dispute in good faith for no less than 60 calendar days after you provide notice of the Dispute.
10.3 The notice of Dispute sent by either party must include the sender’s name, address, and other contact information, a description of the Dispute (including any relevant account names), and what resolution to the Dispute is being sought. All applicable statutes of limitations will be considered tolled beginning on the day one of us sends a compliant notice of Dispute to the other. You or Streamline cannot proceed to arbitration without having first sent a compliant notice of Dispute and completing the informal resolution period provided above. In the event of disagreements over whether a compliant notice of Dispute was sent or an arbitration was filed without completing this informal resolution process, the party aggrieved by this failure can seek relief from a court with appropriate jurisdiction to enjoin the arbitration from proceeding until this informal resolution has been completed, and to order the party that has not followed the informal resolution process to reimburse the other party for any arbitration fees and costs already incurred. If Streamline does not resolve your Dispute within 60 days from receipt of a compliant notice of the Dispute, you or Streamline may pursue your claim in arbitration pursuant to the terms in this Section 10.
10.4 Class Action/Jury Trial Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY DISPUTE NOT SUBJECT TO THE REQUIREMENT TO ARBITRATE, YOU AND STREAMLINE AGREE TO ONLY BRING DISPUTES, CLAIMS, OR CONTROVERSIES BETWEEN YOU AND STREAMLINE THAT RELATES TO THE GAME, YOUR USE OR ATTEMPTED USE OF THE GAME, OR THE EULA, IN AN INDIVIDUAL CAPACITY AND SHALL NOT SEEK TO BRING, JOIN, OR PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION, COLLECTIVE OR CLASS-WIDE ARBITRATION EVEN IF OTHERWISE PERMITTED BY THE FEDERAL ARBITRATION ACT, OR ANY OTHER ACTION WHERE ANOTHER INDIVIDUAL OR ENTITY ACTS IN A REPRESENTATIVE CAPACITY (SUCH AS, PRIVATE ATTORNEY GENERAL ACTIONS; OR CONSOLIDATE OR COMBINE INDIVIDUAL PROCEEDINGS OR PERMIT ANOTHER TO DO SO WITHOUT THE EXPRESS CONSENT OF ALL PARTIES). YOU AND STREAMLINE FURTHER AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY.
10.5 If you or Streamline elect to resolve your Dispute through binding arbitration, the party initiating the arbitration proceeding may initiate it with and shall be governed by the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes, both of which are available at: http://www.adr.org. Notwithstanding the foregoing, you and Streamline agree that any such arbitration will be conducted in English, in accordance with the Rules, by one commercial arbitrator, who shall be selected in accordance with the Rules, and permit the electronic submission of documents and allow participation by phone or by teleconference, or in person, at a mutually agreed location. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with Streamline as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to Streamline or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, except for any right of appeal provided by the AAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement. Streamline will send any Demand for Arbitration to your registered email address and any billing address you have provided us.
10.6 If an in-person hearing is required, the hearing will take place at a mutually agreed location and if this cannot be agreed, the hearing will take place in Las Vegas, Nevada, United States of America.
10.7 RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 CALENDAR DAYS: IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER, YOU MUST NOTIFY STREAMLINE IN WRITING WITHIN 30 CALENDAR DAYS AFTER THE DATE THAT YOU FIRST ACCEPT THIS EULA UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. YOUR WRITTEN NOTIFICATION MUST BE EITHER (A) SENT EITHER BY: (I) FIRST CLASS MAIL, POSTAGE PREPAID, CERTIFIED AND RETURN RECEIPT REQUESTED TO LEGAL@STREAMLINE-MEDIAGROUP.COM OR (B) MAILED TO STREAMLINE MEDIA GROUP, INC., ADDRESS: 410 SOUTH RAMPART BOULEVARD, SUITE 390, LAS VEGAS, NV 89145, USA. ATTN: LEGAL DEPARTMENT; OR (II) OVERNIGHT COURIER SERVICE (SUCH AS FEDERAL EXPRESS. UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW, YOUR OPT OUT NOTICE MUST BE POSTMARKED (IF SENT BY FIRST CLASS MAIL) OR DEPOSITED (IF SENT BY OVERNIGHT COURIER SERVICE) WITHIN: (I) 30 DAYS OF YOUR PURCHASE OF YOUR COPY OF THE GAME; OR (II) IF NO PURCHASE WAS MADE, THEN WITHIN 30 DAYS OF THE DATE ON WHICH YOU FIRST ACCESSED OR USED YOUR COPY OF THE GAME. IN ALL CASES YOU MUST INCLUDE: (1) THE TITLE OF THE GAME TO WHICH YOUR OPT OUT NOTICE IS INTENDED TO APPLY (2) YOUR NAME, (2) YOUR ADDRESS, AND (3) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH STREAMLINE THROUGH BINDING ARBITRATION AND/OR TO THE CLASS ACTION WAIVER. STREAMLINE MAY USE THE FOREGOING INFORMATION INCLUDED IN THE OPT OUT NOTICE TO RECORD, PROCESS, MAINTAIN, AND ADMINISTER YOUR OPTING OUT OF THE ARBITRATION AGREEMENT AND/OR CLASS ACTION WAIVER, AS APPLICABLE, BUT NOT FOR MARKETING PURPOSES. IF YOU SUBMIT AN OPT OUT NOTICE THAT FAILS TO MEET ANY OF THE REQUIREMENTS SET FORTH IN THIS SECTION, YOU AND STREAMLINE WILL BE BOUND BY THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SET FORTH IN THIS EULA.
10.8 If all or any provision of this Section 10 is found to be illegal or unenforceable, then you and Streamline agree that the provision will be severed and the rest of the agreement shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the prohibition on class arbitrations is found invalid, unenforceable, or illegal, you and Streamline agree that it will not be severable; this entire Section 10 (except for the Class Action Waiver and Jury Trial Waiver provisions and Section 10.9) will be void and unenforceable, and any Dispute will be resolved in court in accordance with Section 10.9. Under no circumstances shall arbitration be conducted on a class basis without Streamline’s express consent.
10.9 Subject to, and to the maximum extent permitted by the, local law applicable in the country in which you obtain or use the Game: You agree that the Game shall be deemed exclusively based in Las Vegas, Nevada, United States of America, and this EULA shall be deemed to have been made and executed exclusively in Las Vegas, Nevada, United States of America. Any dispute arising out of this EULA shall be resolved in accordance with the laws of the State of Nevada, United States of America without reference to its conflict of law provisions or the United Nations Convention on Contracts for the International Sale of Goods. Subject to the provisions of Section 10, you agree that any claim asserted in any legal proceeding by you or Streamline in connection with this EULA shall be commenced and maintained in any state or federal court located in Clark County, Las Vegas, Nevada, United States of America, having subject matter jurisdiction with respect to such dispute. You and Streamline each agree to submit to the personal jurisdiction of such court. The prevailing party in any such proceeding shall be entitled to reimbursement of court costs, including reasonable attorneys’ fees, in addition to any other remedy awarded.
10.10. In the event any provision of this EULA shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of these Terms shall remain in full force and effect. You may not transfer or assign any of your rights or obligations provided in this EULA without the express prior written approval of Streamline; Streamline may assign this EULA without restriction of any kind. No failure on the part of Streamline to enforce any provision of this EULA shall be deemed a waiver or consent. This EULA and the Privacy Policy constitute and contain the entire agreement and understanding between you and Streamline with respect to the subject matter hereof and supersedes any prior oral or written agreements or understandings.
As between Streamline and its licensors, Streamline will be solely responsible for the Game and support for the Game. You and Streamline acknowledge and agree that the following are intended third-party beneficiaries of this EULA:
• Les’ Copaque Production Sdn Bhd.
There are no other third-party beneficiaries of this EULA.
10.11. The provisions of Sections 3, 4, 5, 6, 7, 8, 10, and 11 shall survive termination and/or expiration of this EULA and any Sections, terms or provisions which reasonably ought to survive the expiration or termination of this EULA.
11. AMENDMENTS
Streamline reserves the right to change or modify this EULA at any time and for any reason at Streamline’s sole discretion. If Streamline makes changes to this EULA, we will provide thirty (30) days’ prior notice of such changes, such as by providing notice through the Game. Your continued use of the Game after the effective date of such changes will confirm your acceptance of the revised EULA. Where required by applicable consumer protection laws, any material changes to this EULA shall be communicated in advance and will require your affirmative acceptance.
You should print a copy of this EULA for future reference.