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Saber Interactive
End User License Agreement
LAST MODIFIED ON August 24, 2021
Important: Please read this agreement carefully.
Section 21 of this End User License Agreement contains a binding arbitration clause and class action waiver. If you live in the United States, this Section affects your rights about how to resolve disputes that you may have with us.
Please read it carefully.
This End User License Agreement (the “Agreement”) applies to any Saber Interactive-published or developed video game software applications and the Saber Interactive website located at https://saber3d.com/ (together, the “Service”), provided by Saber Interactive Inc. (“Saber Interactive”).
Certain Saber Interactive-developed software applications are published by third parties and are subject to those third parties’ end user license agreement or other terms. These are not included in the definition of the “Service.”
ACCEPTANCE OF TERMS
By continuing to use the Service, you agree as follows:
1. You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
2. You will use the Service in accordance with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as it may be amended by Saber Interactive from time to time; and
3. You understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement.
Saber Interactive reserves the right to update or change this Agreement at any time by posting the most current version of the Agreement on our website with a new Effective Date shown. All such changes in the Agreement will be effective from the Effective Date.
Your continued use of the Service after we post any changes to this Agreement signifies your agreement to any such changes. If you do not agree with the terms and conditions in this Agreement, please discontinue all further use of the Service.
SABER INTERACTIVE’S LICENSE TO YOU
Saber Interactive grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Service. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Service and, if you sell or otherwise transfer a device on which any part of the Service is installed to a third party, you must remove the Service from such device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Service).
MESSAGES FROM SABER INTERACTIVE
You understand that you may receive business-related communications from Saber Interactive through the Service or through email, such as product and other announcements, and administrative notices. You agree that these communications are not “unsolicited commercial email advertisements” and you agree to receive them.
Marketing-related email messages will be accompanied by instructions for opting out.
THIRD-PARTY PLATFORMS
Even though you may have purchased or licensed the Service through a third-party platform, such as Valve’s Steam platform, the Sony PlayStation Store, Microsoft’s Xbox platform, the Apple App Store, the Google Play Store, and others (each, a “Third-Party Platform”), none of the Third-Party Platforms or their owners are a party to this Agreement and they have no obligations to you in connection with the Service.
YOUR ACCOUNT
1. Account Creation. You may need to register for an Account to use certain games and other parts of the Service. You may only create an Account if you are not a minor in your jurisdiction. If you are still a minor in your jurisdiction, your parent or legal guardian must establish an Account with us in order for you to access and use the Service. You may create an Account by signing up through a registration form on the Service or, in some cases, connecting your account from a Third-Party Platform to the Service. You are solely responsible for the activity that occurs on your Account. You agree to keep your Account and devices secure and to notify Saber Interactive immediately of any breach of security or unauthorized use of your Account.
2. Accurate Information. When creating your Account, you promise to provide a valid email address and accurate information related to your Account. You promise to keep this information updated so that it is accurate at all times.
3. Suspension of Accounts. Saber Interactive may, at our sole discretion, suspend or terminate your Account or your access to the Service should your conduct, in our sole determination, fail to conform with this Agreement or for any other reason.
4. Your Username. Saber Interactive may force you to change any of your screen names if (i) it is the name of another person, with the intent to impersonate that person, (ii) it incorporates the rights of a third party without appropriate authorization, or (iii) Saber Interactive deems it unacceptable by community standards.
5. Account Privacy. You agree that there is no expectation of privacy in connection with your interactions with other users in and through the Service. You further agree that the contents of any messages or other communication sent from your Account, whether in or through chats, forums, direct user-to-user communication, or by other means, may be accessed, reproduced, or distributed by Saber Interactive as it sees fit. Saber Interactive will fully cooperate with law enforcement and other governmental entities in policing the content of the Service.
6. No Account Purchases and Transfers. You may not buy, sell, give, or trade any Account, nor attempt to buy, sell, give, or trade any Account. Saber Interactive owns, has licensed, or otherwise has rights to all the content that appears in-Service, including Accounts.
YOUR CONTENT AND CONDUCT
1. Your Content. Any communications or material of any kind that you email, post, or otherwise transmit to Saber Interactive or the public on or using the Service, including messages, comments, photographs, chat, emails, voice recordings, data, questions, feedback, or suggestions are known as your “Content.” Saber Interactive does not own your Content. By posting Content, you represent (i) that you are the owner of the Content or have all of the necessary rights to share them, and (ii) give Saber Interactive permission to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your Content otherwise available in any form and by any media (whether now known or hereafter devised), whether on a commercial or non-commercial basis anywhere in the world in perpetuity.
2. Conduct Policy. You are responsible for your conduct as a user of the Service. You agree that you will not engage in conduct (including the sharing of Content) which:
is threatening, bullying, defamatory, abusive, obscene, lewd, sexually provocative or suggestive, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law;
is or could be taken as slurs, hate speech, or attacks on individuals or groups on the basis of race, color, gender, age, religion, national origin, disability, sexual preferences, or gender identity;
constitutes spam (sending the same message multiple times or to multiple people, or sharing or sending the same content multiple times, will be treated as spam);
is a solicitation or advertisement for any lewd or inappropriate personal conduct, commercial product, or activity;
encourages or constitutes behavior that does not support a safe and comfortable environment for all users, which conduct may include but not be limited to bullying, vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, lewd, sexually provocative, suggestive, or explicit, inflammatory, profane, racially or ethnically objectionable or discriminatory, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise makes the Service an uncomfortable experience for anyone;
restricts, inhibits, or discourages any other user from using the Service;
hacks, modifies or otherwise makes use of automation software (bots) or any other unauthorized third-party software designed to modify the Service experience;
violates any local, state, federal or international laws or gives rise to civil liability;
violates or infringes any rights of third parties (including but not limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right);
imposes an unreasonable or disproportionately large load on the Service or otherwise interferes with the Service;
is a “chain letter,” or constitutes “junk mail”;
specifies or claims that that you are affiliated with Saber Interactive when you are not, including without limitation an “Administrator,” “Moderator,” or any other employee or agent of Saber Interactive;
requests login information from other users;
“spoofs” (use of any means to disguise your online identity or alter original attribute information, including, but not limited to duplicate accounts);
uses or possesses programs to “crack” the Service or other Internet security tools;
contains, or uploads files that contain, viruses, Trojan horses, worms, corrupted files or data, or any other similar software or programs that may damage or inhibit the operation of the Service; or
anything else that Saber Interactive, in its sole determination, deems offensive or harmful to the Service or to Saber Interactive’s integrity or business.
VIRTUAL ITEMS
Virtual items, costumes, downloadable content, and virtual “tokens” or currency (collectively, “Virtual Items”) may be offered for purchase or otherwise earned through the Service. Your election to make a purchase with real currency will be an offer to Saber Interactive to purchase at the prices and on the terms set forth on the Service.
You agree that you have no right or title in or to any Virtual Items. Saber Interactive does not recognize any purported transfers of Virtual Items outside of the Service, or the purported sale, gift, or trade in the “real world” of anything that appears or originates in the Service. You may not sell Virtual Items for “real” money, or exchange those Virtual Items for value outside of the Service, or otherwise sell, barter, or trade Virtual Items without Saber Interactive’s express written consent. To be clear, Virtual Items have no real-world value and are licensed, not owned. No property or other proprietary rights in or to the Virtual Items will accrue to you under any circumstances.
Unless required by law or otherwise specified on the Service or by the Third-Party Platform you access the Service through, all sales of Virtual Items are final when the transaction has been processed and no refunds will be given.
SUPPORT SERVICES
Saber Interactive may, in its sole discretion, provide you with customer and technical support services related to the Service (“Support Services”). Saber Interactive is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of Saber Interactive under this Agreement. Any supplemental software code provided to you as part of the Support Services will be treated as part of the Service, and as between you and Saber Interactive will be and remain the sole property of Saber Interactive and will be subject to the terms and conditions of this Agreement.
Saber Interactive customer support may be reached by contacting us at help@saber3d.com. None of the Third-Party Platforms or their owners have any obligation whatsoever, under any circumstances, to provide Support Services with respect to the Service. You agree that you will look solely to Saber Interactive in connection with Support Services.
TERM AND TERMINATION
The term of this Agreement begins upon your download or first use of the Service and will continue for as long as you have any copies of the Service in your possession or access the Service, as applicable.
Without prejudice to any other of its rights, Saber Interactive may unilaterally terminate or modify this Agreement at any time and for any reason, with no notice to you. For example, Saber Interactive may terminate this Agreement and your rights in connection with the Service, if Saber Interactive, in its sole determination, discontinues the Service or any part of the Service, stops supporting or maintaining the Service or any part of the Service, ceases to provide updates, no longer offers the Service for license, or believes you have failed to comply with this Agreement.
If Saber Interactive terminates this Agreement based on your failure to comply with its terms: (i) no refunds will be made; and (ii) you must promptly destroy or delete all copies of the Service in your possession. If Saber Interactive’s modification of this Agreement materially affects your rights in connection with the Service, which Saber Interactive will determine at their sole discretion, Saber Interactive may, but is under no obligation to, notify you by sending an email to your last known email address on record. Saber Interactive has no liability if you do not receive this notification.
Saber Interactive reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice at any time. You agree that Saber Interactive will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
MONITORING
Saber Interactive reserves the right to monitor use of the Service to determine compliance with this Agreement, as well as the right to edit, refuse to post, or remove any Content, information, or materials, in whole or in part, at our sole discretion. We reserve the right to refuse access to the Service to anyone, for any reason, at any time.
Saber Interactive may monitor your Content and other communications to evaluate the quality of service you receive, your compliance with the Agreement, the security of the Service, or for other reasons. You agree that such monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Saber Interactive or its affiliates or agents monitor your Content and other communications and enforces or fails to enforce the terms of the Agreement. In no event will Saber Interactive or any of its affiliates or agents be liable for any costs, damages, expenses, or any other liabilities incurred by you as a result of monitoring activities by Saber Interactive or its affiliates or agents.
SECURITY OF DATA TRANSMISSION AND STORAGE
Electronic communications using the Service may not always be encrypted. You acknowledge that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and Saber Interactive or between you and other parties. Additionally, your communications and Content on the Service may be publicly available to others.
Saber Interactive and its affiliates and agents are permitted, but not obligated, to review or retain your Content and other communications.
HYPERLINKS
The Service may contain links to other sites and software applications, including through display advertisements (the “Linked Services”). Saber Interactive does not control the Linked Services, and Saber Interactive and its affiliates and agents make no representations whatsoever concerning the content, accuracy, security or privacy of those Linked Services. The fact that Saber Interactive has provided a link to an external location is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Services, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and Saber Interactive cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Saber Interactive or its affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on Linked Services.
TRADEMARKS AND COPYRIGHTS
The Service is owned by Saber Interactive and is protected by United States and international copyright and other intellectual property laws and treaty provisions. All Service content, trademarks, services marks, trade names, logos, and icons are proprietary to Saber Interactive or under license to Saber Interactive. Nothing contained in the Service should be seen as granting any license or right to use any trademark displayed in the Service without the written permission of Saber Interactive or such third party that may own the trademarks displayed in the Service. Your use of the trademarks displayed in the Service, or any other content in the Service, except as provided in this Agreement, is strictly prohibited.
Intellectual property displayed through the Service is either the property of, or used with permission by, Saber Interactive. You are prohibited from using or authorizing the use of this intellectual property unless specifically permitted under the Agreement. Any unauthorized use of this intellectual property may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
COPYRIGHT COMPLAINTS
If you are a copyright owner or their agent, and believe that any content on the Service infringes on your copyrights, you may submit a DMCA notification in writing to our Copyright Agent with the following information described below. When we receive a notice alleging copyright infringement, we will take whatever action we deem appropriate, within our sole discretion, including removal of the allegedly infringing materials off of the Service or disable public access to them. Additionally, for repeat infringers of copyright protected content, we may disable their access to the Service, remove their Content, and terminate their Account.
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed, a list of those works on the Service;
Identification of the material that is claimed to be infringing and that is to be removed disabled, reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as your email, address, or phone number;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Copyright Agent may be reached at the following physical or email address:
Copyright Agent 2200 N Ocean Blvd. Ft Lauderdale, FL, 33305
Or by email at: legal@saber3d.com
DISCLAIMER OF WARRANTIES
Your use of the Service is entirely at your own risk.
The Service is provided by Saber Interactive on an as-is basis. Saber Interactive expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Saber Interactive makes no warranty that (i) the Service will meet your requirements, (ii) that operation of the Service will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Service will be accurate or reliable.
No advice or information, whether oral or written, obtained by you from Saber Interactive, or through the Service creates any warranty regarding the Service not expressly stated in this Agreement.
To the maximum extent permitted by applicable law, no Third-Party Platform is a party to this Agreement or your purchase or license of the Service. None of the Third-Party Platforms make any warranties, or assume any warranty or other obligations with respect to: (i) the Service, or (ii) any claims, losses, liabilities, damages, costs, or expenses attributable to the Service, including any warranties arising from claims of infringement of intellectual property or personal rights, products liability, or failure of the Service to perform, execute, or conform to any standard.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
LIMITATION OF LIABILITY
You expressly understand and agree that neither Saber Interactive nor any Third-Party Platform is liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goods, goodwill, use, data, or other intangible losses (even if Saber Interactive or the Third-Party Platform has been advised of the possibility of such damages), resulting from the use or the inability to use the Service or any other matter relating to the Service.
You hereby expressly and irrevocably waive, and agree never to assert any claims against any Third-Party Platform that you may have under any theory of law or equity anywhere in the world, in connection with rights licensed under this Agreement, your possession or use of the Service, or the content of the Service. Any claims arising out of the Service are subject to the limitations set forth in this Agreement and may be brought only against Saber Interactive, as described in Sections 20 and 21 below.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Saber Interactive and its affiliates will be limited to the fullest extent permitted by law.
INDEMNIFICATION
You agree to indemnify and hold Saber Interactive and its affiliates, officers, agents, and employees harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person or entity arising out of your violation of this Agreement, state or federal laws or regulations, or any other person’s rights, including infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including any negligent act, will Saber Interactive or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Service.
YOUR PERSONAL INFORMATION
Certain personal and other information that we collect, process, and share is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed from time to time. Our Privacy Policy, which is incorporated here by reference, is located at https://saber3d.com/privacy/. You agree that your use of the Service is subject to the Privacy Policy.
DISCLOSURES REQUIRED BY LAW
Saber Interactive reserves the right to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process, or governmental request. Saber Interactive reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Saber Interactive to disclose the identity of any user believed to be in violation of this Agreement.
By accepting this Agreement, you waive all rights and agree to hold Saber Interactive harmless from any claims resulting from any action taken by Saber Interactive during or as a result of its investigations or from any actions taken as a consequence of investigations by either Saber Interactive or law enforcement authorities.
GOVERNING LAW; MEDIATION; JURISDICTION
The Agreement, and all future agreements you enter into with Saber Interactive, unless otherwise indicated on such other agreement, will be governed by the laws of the State of Florida. This is the case regardless of whether you reside or transact business with Saber Interactive, or any of its affiliates or agents, in the State of Florida or elsewhere. Unless a dispute would be governed by the terms of Section 21 below, you agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Fort Lauderdale, Florida, United States.
For EU users only: In the event of a dispute relating to the interpretation, performance, or validity of this Agreement, an amicable solution can be sought before any legal action. You can file your complaint with Saber Interactive by sending a message via email to legal@saber3d.com. In case of failure, you can, within one year of the failed request, have recourse to an Alternative Dispute Resolution procedure by filing an online complaint on the European Commission’s Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. In the event that out-of-court dispute resolutions fail, the dispute may be brought before the competent courts.
BINDING ARBITRATION
Any dispute or claim relating in any way to your use of the Service (each, a “Claim”) will be resolved by binding arbitration, rather than in court (except that you may assert claims in small-claims court if your claims qualify). You agree that each Claim must be brought individually.
YOU AND SABER INTERACTIVE AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION MAY BE JOINED WITH ANY OTHER ARBITRATION.
The Federal Arbitration Act and federal arbitration law apply to this Agreement and this binding arbitration clause.
Arbitration is a process with no judge or jury – an arbitrator will review the arguments in the dispute and award damages and other relief just like a court would. The arbitrator must follow this Agreement as a court otherwise would. Court review of the arbitration award is limited under the Federal Arbitration Act.
To start an arbitration, you must send an email to legal@saber3d.com describing your Claim and requesting arbitration, or we may do the same by sending a written notice requesting arbitration to your address. The proceedings will be conducted through JAMS, using their Streamlined Arbitration Rules and Procedures. You can view these rules at jamsadr.com or by calling 800-352-5267. The payment of the initial filing fees will be made by the party filing the Claim, and any other filing and other fees will be apportioned as directed by the JAMS rules. The arbitration will take place in Fort Lauderdale, Florida, United States, unless the Parties agree to video, phone, or internet connection appearances.
Except as otherwise set forth below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Saber Interactive will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given (including any attorneys’ fees and costs awarded), and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based.
Notwithstanding the terms of this Section, either of us may bring a lawsuit in court for equitable relief, for any misuse or infringement of intellectual property rights, or for any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use of the Service.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND SABER INTERACTIVE WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
You and Saber Interactive agree that if any portion this Section is found illegal or unenforceable, that portion will be severed and the remainder of the Section will be given full force and effect.
MISCELLANEOUS TERMS
1. Agreement Revisions. This Agreement may only be revised in writing by Saber Interactive, or by Saber Interactive’s publication of a new version on the Service.
2. Force Majeure. Saber Interactive is not liable for any delay or failure to perform resulting from causes outside the reasonable control of Saber Interactive, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Saber Interactive’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
3. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Saber Interactive as a result of this Agreement or your use of the Service.
4. Assignment. Saber Interactive may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Saber Interactive’s prior written consent, and any unauthorized assignment by you will be null and void.
5. Severability. If any part of this Agreement is determined to be void, invalid or unenforceable, then that portion will be severed, and the remainder of the Agreement will be given full force and effect.
6. Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation will be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
7. No Waiver. Our failure to enforce any provision of this Agreement will in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
8. Equitable Remedies. You hereby agree that Saber Interactive would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws. Additionally, you agree that your sole remedy, if any, for any breach of this Agreement will be solely in money damages. You hereby waive and relinquish any right you may otherwise have to obtain injunctive or equitable relief under this Agreement.
9. Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and Saber Interactive with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Saber Interactive with respect to the Service.
End User License Agreement
LAST MODIFIED ON August 24, 2021
Important: Please read this agreement carefully.
Section 21 of this End User License Agreement contains a binding arbitration clause and class action waiver. If you live in the United States, this Section affects your rights about how to resolve disputes that you may have with us.
Please read it carefully.
This End User License Agreement (the “Agreement”) applies to any Saber Interactive-published or developed video game software applications and the Saber Interactive website located at https://saber3d.com/ (together, the “Service”), provided by Saber Interactive Inc. (“Saber Interactive”).
Certain Saber Interactive-developed software applications are published by third parties and are subject to those third parties’ end user license agreement or other terms. These are not included in the definition of the “Service.”
ACCEPTANCE OF TERMS
By continuing to use the Service, you agree as follows:
1. You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
2. You will use the Service in accordance with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as it may be amended by Saber Interactive from time to time; and
3. You understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement.
Saber Interactive reserves the right to update or change this Agreement at any time by posting the most current version of the Agreement on our website with a new Effective Date shown. All such changes in the Agreement will be effective from the Effective Date.
Your continued use of the Service after we post any changes to this Agreement signifies your agreement to any such changes. If you do not agree with the terms and conditions in this Agreement, please discontinue all further use of the Service.
SABER INTERACTIVE’S LICENSE TO YOU
Saber Interactive grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Service. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Service and, if you sell or otherwise transfer a device on which any part of the Service is installed to a third party, you must remove the Service from such device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Service).
MESSAGES FROM SABER INTERACTIVE
You understand that you may receive business-related communications from Saber Interactive through the Service or through email, such as product and other announcements, and administrative notices. You agree that these communications are not “unsolicited commercial email advertisements” and you agree to receive them.
Marketing-related email messages will be accompanied by instructions for opting out.
THIRD-PARTY PLATFORMS
Even though you may have purchased or licensed the Service through a third-party platform, such as Valve’s Steam platform, the Sony PlayStation Store, Microsoft’s Xbox platform, the Apple App Store, the Google Play Store, and others (each, a “Third-Party Platform”), none of the Third-Party Platforms or their owners are a party to this Agreement and they have no obligations to you in connection with the Service.
YOUR ACCOUNT
1. Account Creation. You may need to register for an Account to use certain games and other parts of the Service. You may only create an Account if you are not a minor in your jurisdiction. If you are still a minor in your jurisdiction, your parent or legal guardian must establish an Account with us in order for you to access and use the Service. You may create an Account by signing up through a registration form on the Service or, in some cases, connecting your account from a Third-Party Platform to the Service. You are solely responsible for the activity that occurs on your Account. You agree to keep your Account and devices secure and to notify Saber Interactive immediately of any breach of security or unauthorized use of your Account.
2. Accurate Information. When creating your Account, you promise to provide a valid email address and accurate information related to your Account. You promise to keep this information updated so that it is accurate at all times.
3. Suspension of Accounts. Saber Interactive may, at our sole discretion, suspend or terminate your Account or your access to the Service should your conduct, in our sole determination, fail to conform with this Agreement or for any other reason.
4. Your Username. Saber Interactive may force you to change any of your screen names if (i) it is the name of another person, with the intent to impersonate that person, (ii) it incorporates the rights of a third party without appropriate authorization, or (iii) Saber Interactive deems it unacceptable by community standards.
5. Account Privacy. You agree that there is no expectation of privacy in connection with your interactions with other users in and through the Service. You further agree that the contents of any messages or other communication sent from your Account, whether in or through chats, forums, direct user-to-user communication, or by other means, may be accessed, reproduced, or distributed by Saber Interactive as it sees fit. Saber Interactive will fully cooperate with law enforcement and other governmental entities in policing the content of the Service.
6. No Account Purchases and Transfers. You may not buy, sell, give, or trade any Account, nor attempt to buy, sell, give, or trade any Account. Saber Interactive owns, has licensed, or otherwise has rights to all the content that appears in-Service, including Accounts.
YOUR CONTENT AND CONDUCT
1. Your Content. Any communications or material of any kind that you email, post, or otherwise transmit to Saber Interactive or the public on or using the Service, including messages, comments, photographs, chat, emails, voice recordings, data, questions, feedback, or suggestions are known as your “Content.” Saber Interactive does not own your Content. By posting Content, you represent (i) that you are the owner of the Content or have all of the necessary rights to share them, and (ii) give Saber Interactive permission to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your Content otherwise available in any form and by any media (whether now known or hereafter devised), whether on a commercial or non-commercial basis anywhere in the world in perpetuity.
2. Conduct Policy. You are responsible for your conduct as a user of the Service. You agree that you will not engage in conduct (including the sharing of Content) which:
is threatening, bullying, defamatory, abusive, obscene, lewd, sexually provocative or suggestive, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law;
is or could be taken as slurs, hate speech, or attacks on individuals or groups on the basis of race, color, gender, age, religion, national origin, disability, sexual preferences, or gender identity;
constitutes spam (sending the same message multiple times or to multiple people, or sharing or sending the same content multiple times, will be treated as spam);
is a solicitation or advertisement for any lewd or inappropriate personal conduct, commercial product, or activity;
encourages or constitutes behavior that does not support a safe and comfortable environment for all users, which conduct may include but not be limited to bullying, vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, lewd, sexually provocative, suggestive, or explicit, inflammatory, profane, racially or ethnically objectionable or discriminatory, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise makes the Service an uncomfortable experience for anyone;
restricts, inhibits, or discourages any other user from using the Service;
hacks, modifies or otherwise makes use of automation software (bots) or any other unauthorized third-party software designed to modify the Service experience;
violates any local, state, federal or international laws or gives rise to civil liability;
violates or infringes any rights of third parties (including but not limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right);
imposes an unreasonable or disproportionately large load on the Service or otherwise interferes with the Service;
is a “chain letter,” or constitutes “junk mail”;
specifies or claims that that you are affiliated with Saber Interactive when you are not, including without limitation an “Administrator,” “Moderator,” or any other employee or agent of Saber Interactive;
requests login information from other users;
“spoofs” (use of any means to disguise your online identity or alter original attribute information, including, but not limited to duplicate accounts);
uses or possesses programs to “crack” the Service or other Internet security tools;
contains, or uploads files that contain, viruses, Trojan horses, worms, corrupted files or data, or any other similar software or programs that may damage or inhibit the operation of the Service; or
anything else that Saber Interactive, in its sole determination, deems offensive or harmful to the Service or to Saber Interactive’s integrity or business.
VIRTUAL ITEMS
Virtual items, costumes, downloadable content, and virtual “tokens” or currency (collectively, “Virtual Items”) may be offered for purchase or otherwise earned through the Service. Your election to make a purchase with real currency will be an offer to Saber Interactive to purchase at the prices and on the terms set forth on the Service.
You agree that you have no right or title in or to any Virtual Items. Saber Interactive does not recognize any purported transfers of Virtual Items outside of the Service, or the purported sale, gift, or trade in the “real world” of anything that appears or originates in the Service. You may not sell Virtual Items for “real” money, or exchange those Virtual Items for value outside of the Service, or otherwise sell, barter, or trade Virtual Items without Saber Interactive’s express written consent. To be clear, Virtual Items have no real-world value and are licensed, not owned. No property or other proprietary rights in or to the Virtual Items will accrue to you under any circumstances.
Unless required by law or otherwise specified on the Service or by the Third-Party Platform you access the Service through, all sales of Virtual Items are final when the transaction has been processed and no refunds will be given.
SUPPORT SERVICES
Saber Interactive may, in its sole discretion, provide you with customer and technical support services related to the Service (“Support Services”). Saber Interactive is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of Saber Interactive under this Agreement. Any supplemental software code provided to you as part of the Support Services will be treated as part of the Service, and as between you and Saber Interactive will be and remain the sole property of Saber Interactive and will be subject to the terms and conditions of this Agreement.
Saber Interactive customer support may be reached by contacting us at help@saber3d.com. None of the Third-Party Platforms or their owners have any obligation whatsoever, under any circumstances, to provide Support Services with respect to the Service. You agree that you will look solely to Saber Interactive in connection with Support Services.
TERM AND TERMINATION
The term of this Agreement begins upon your download or first use of the Service and will continue for as long as you have any copies of the Service in your possession or access the Service, as applicable.
Without prejudice to any other of its rights, Saber Interactive may unilaterally terminate or modify this Agreement at any time and for any reason, with no notice to you. For example, Saber Interactive may terminate this Agreement and your rights in connection with the Service, if Saber Interactive, in its sole determination, discontinues the Service or any part of the Service, stops supporting or maintaining the Service or any part of the Service, ceases to provide updates, no longer offers the Service for license, or believes you have failed to comply with this Agreement.
If Saber Interactive terminates this Agreement based on your failure to comply with its terms: (i) no refunds will be made; and (ii) you must promptly destroy or delete all copies of the Service in your possession. If Saber Interactive’s modification of this Agreement materially affects your rights in connection with the Service, which Saber Interactive will determine at their sole discretion, Saber Interactive may, but is under no obligation to, notify you by sending an email to your last known email address on record. Saber Interactive has no liability if you do not receive this notification.
Saber Interactive reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice at any time. You agree that Saber Interactive will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
MONITORING
Saber Interactive reserves the right to monitor use of the Service to determine compliance with this Agreement, as well as the right to edit, refuse to post, or remove any Content, information, or materials, in whole or in part, at our sole discretion. We reserve the right to refuse access to the Service to anyone, for any reason, at any time.
Saber Interactive may monitor your Content and other communications to evaluate the quality of service you receive, your compliance with the Agreement, the security of the Service, or for other reasons. You agree that such monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Saber Interactive or its affiliates or agents monitor your Content and other communications and enforces or fails to enforce the terms of the Agreement. In no event will Saber Interactive or any of its affiliates or agents be liable for any costs, damages, expenses, or any other liabilities incurred by you as a result of monitoring activities by Saber Interactive or its affiliates or agents.
SECURITY OF DATA TRANSMISSION AND STORAGE
Electronic communications using the Service may not always be encrypted. You acknowledge that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and Saber Interactive or between you and other parties. Additionally, your communications and Content on the Service may be publicly available to others.
Saber Interactive and its affiliates and agents are permitted, but not obligated, to review or retain your Content and other communications.
HYPERLINKS
The Service may contain links to other sites and software applications, including through display advertisements (the “Linked Services”). Saber Interactive does not control the Linked Services, and Saber Interactive and its affiliates and agents make no representations whatsoever concerning the content, accuracy, security or privacy of those Linked Services. The fact that Saber Interactive has provided a link to an external location is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Services, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and Saber Interactive cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Saber Interactive or its affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on Linked Services.
TRADEMARKS AND COPYRIGHTS
The Service is owned by Saber Interactive and is protected by United States and international copyright and other intellectual property laws and treaty provisions. All Service content, trademarks, services marks, trade names, logos, and icons are proprietary to Saber Interactive or under license to Saber Interactive. Nothing contained in the Service should be seen as granting any license or right to use any trademark displayed in the Service without the written permission of Saber Interactive or such third party that may own the trademarks displayed in the Service. Your use of the trademarks displayed in the Service, or any other content in the Service, except as provided in this Agreement, is strictly prohibited.
Intellectual property displayed through the Service is either the property of, or used with permission by, Saber Interactive. You are prohibited from using or authorizing the use of this intellectual property unless specifically permitted under the Agreement. Any unauthorized use of this intellectual property may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
COPYRIGHT COMPLAINTS
If you are a copyright owner or their agent, and believe that any content on the Service infringes on your copyrights, you may submit a DMCA notification in writing to our Copyright Agent with the following information described below. When we receive a notice alleging copyright infringement, we will take whatever action we deem appropriate, within our sole discretion, including removal of the allegedly infringing materials off of the Service or disable public access to them. Additionally, for repeat infringers of copyright protected content, we may disable their access to the Service, remove their Content, and terminate their Account.
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed, a list of those works on the Service;
Identification of the material that is claimed to be infringing and that is to be removed disabled, reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as your email, address, or phone number;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Copyright Agent may be reached at the following physical or email address:
Copyright Agent 2200 N Ocean Blvd. Ft Lauderdale, FL, 33305
Or by email at: legal@saber3d.com
DISCLAIMER OF WARRANTIES
Your use of the Service is entirely at your own risk.
The Service is provided by Saber Interactive on an as-is basis. Saber Interactive expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Saber Interactive makes no warranty that (i) the Service will meet your requirements, (ii) that operation of the Service will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Service will be accurate or reliable.
No advice or information, whether oral or written, obtained by you from Saber Interactive, or through the Service creates any warranty regarding the Service not expressly stated in this Agreement.
To the maximum extent permitted by applicable law, no Third-Party Platform is a party to this Agreement or your purchase or license of the Service. None of the Third-Party Platforms make any warranties, or assume any warranty or other obligations with respect to: (i) the Service, or (ii) any claims, losses, liabilities, damages, costs, or expenses attributable to the Service, including any warranties arising from claims of infringement of intellectual property or personal rights, products liability, or failure of the Service to perform, execute, or conform to any standard.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
LIMITATION OF LIABILITY
You expressly understand and agree that neither Saber Interactive nor any Third-Party Platform is liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goods, goodwill, use, data, or other intangible losses (even if Saber Interactive or the Third-Party Platform has been advised of the possibility of such damages), resulting from the use or the inability to use the Service or any other matter relating to the Service.
You hereby expressly and irrevocably waive, and agree never to assert any claims against any Third-Party Platform that you may have under any theory of law or equity anywhere in the world, in connection with rights licensed under this Agreement, your possession or use of the Service, or the content of the Service. Any claims arising out of the Service are subject to the limitations set forth in this Agreement and may be brought only against Saber Interactive, as described in Sections 20 and 21 below.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Saber Interactive and its affiliates will be limited to the fullest extent permitted by law.
INDEMNIFICATION
You agree to indemnify and hold Saber Interactive and its affiliates, officers, agents, and employees harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person or entity arising out of your violation of this Agreement, state or federal laws or regulations, or any other person’s rights, including infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including any negligent act, will Saber Interactive or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Service.
YOUR PERSONAL INFORMATION
Certain personal and other information that we collect, process, and share is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed from time to time. Our Privacy Policy, which is incorporated here by reference, is located at https://saber3d.com/privacy/. You agree that your use of the Service is subject to the Privacy Policy.
DISCLOSURES REQUIRED BY LAW
Saber Interactive reserves the right to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process, or governmental request. Saber Interactive reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Saber Interactive to disclose the identity of any user believed to be in violation of this Agreement.
By accepting this Agreement, you waive all rights and agree to hold Saber Interactive harmless from any claims resulting from any action taken by Saber Interactive during or as a result of its investigations or from any actions taken as a consequence of investigations by either Saber Interactive or law enforcement authorities.
GOVERNING LAW; MEDIATION; JURISDICTION
The Agreement, and all future agreements you enter into with Saber Interactive, unless otherwise indicated on such other agreement, will be governed by the laws of the State of Florida. This is the case regardless of whether you reside or transact business with Saber Interactive, or any of its affiliates or agents, in the State of Florida or elsewhere. Unless a dispute would be governed by the terms of Section 21 below, you agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Fort Lauderdale, Florida, United States.
For EU users only: In the event of a dispute relating to the interpretation, performance, or validity of this Agreement, an amicable solution can be sought before any legal action. You can file your complaint with Saber Interactive by sending a message via email to legal@saber3d.com. In case of failure, you can, within one year of the failed request, have recourse to an Alternative Dispute Resolution procedure by filing an online complaint on the European Commission’s Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. In the event that out-of-court dispute resolutions fail, the dispute may be brought before the competent courts.
BINDING ARBITRATION
Any dispute or claim relating in any way to your use of the Service (each, a “Claim”) will be resolved by binding arbitration, rather than in court (except that you may assert claims in small-claims court if your claims qualify). You agree that each Claim must be brought individually.
YOU AND SABER INTERACTIVE AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION MAY BE JOINED WITH ANY OTHER ARBITRATION.
The Federal Arbitration Act and federal arbitration law apply to this Agreement and this binding arbitration clause.
Arbitration is a process with no judge or jury – an arbitrator will review the arguments in the dispute and award damages and other relief just like a court would. The arbitrator must follow this Agreement as a court otherwise would. Court review of the arbitration award is limited under the Federal Arbitration Act.
To start an arbitration, you must send an email to legal@saber3d.com describing your Claim and requesting arbitration, or we may do the same by sending a written notice requesting arbitration to your address. The proceedings will be conducted through JAMS, using their Streamlined Arbitration Rules and Procedures. You can view these rules at jamsadr.com or by calling 800-352-5267. The payment of the initial filing fees will be made by the party filing the Claim, and any other filing and other fees will be apportioned as directed by the JAMS rules. The arbitration will take place in Fort Lauderdale, Florida, United States, unless the Parties agree to video, phone, or internet connection appearances.
Except as otherwise set forth below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Saber Interactive will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given (including any attorneys’ fees and costs awarded), and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based.
Notwithstanding the terms of this Section, either of us may bring a lawsuit in court for equitable relief, for any misuse or infringement of intellectual property rights, or for any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use of the Service.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND SABER INTERACTIVE WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
You and Saber Interactive agree that if any portion this Section is found illegal or unenforceable, that portion will be severed and the remainder of the Section will be given full force and effect.
MISCELLANEOUS TERMS
1. Agreement Revisions. This Agreement may only be revised in writing by Saber Interactive, or by Saber Interactive’s publication of a new version on the Service.
2. Force Majeure. Saber Interactive is not liable for any delay or failure to perform resulting from causes outside the reasonable control of Saber Interactive, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Saber Interactive’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
3. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Saber Interactive as a result of this Agreement or your use of the Service.
4. Assignment. Saber Interactive may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Saber Interactive’s prior written consent, and any unauthorized assignment by you will be null and void.
5. Severability. If any part of this Agreement is determined to be void, invalid or unenforceable, then that portion will be severed, and the remainder of the Agreement will be given full force and effect.
6. Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation will be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
7. No Waiver. Our failure to enforce any provision of this Agreement will in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
8. Equitable Remedies. You hereby agree that Saber Interactive would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws. Additionally, you agree that your sole remedy, if any, for any breach of this Agreement will be solely in money damages. You hereby waive and relinquish any right you may otherwise have to obtain injunctive or equitable relief under this Agreement.
9. Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and Saber Interactive with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Saber Interactive with respect to the Service.