=====================================================
THE PRIVACY POLICY IMMEDIATELY FOLLOWING WILL GO INTO EFFECT ON APRIL 20, 2021. FOR THE PRIVACY POLICY IN EFFECT PRIOR TO APRIL 20, 2021, THE END USER LICENSE AGREEMENT, AND TERMS OF SERVICE, PLEASE CONTINUE TO SCROLL DOWN.
=====================================================

Hi-Rez Studios® Privacy Policy
Effective as of April 20, 2021.
Hi-Rez Studios, Inc. (“Hi-Rez,” the “Company,” “we,” or “us”) respects the privacy of its users and recognizes the importance of protecting the information collected about you. We are committed to safeguarding and handling your Personal Information in a responsible and secure manner.
We have adopted a companywide Privacy Policy (the “Policy”) that guides how we process your Personal Information in connection with your access or use of the Site (as defined below) or any Hi-Rez game(s) or subscription service(s) offered through the Site (the “Service”). When we collect, access, use, or do anything with your Personal Information on our website or through our Services, we are “processing” your Personal Information. This Privacy Policy also applies to information or data that may be collected by Hi-Rez offline as described in this Privacy Policy below. This Privacy Policy applies to your use of any videogame developed and/or published by Hi-Rez, and the following websites operated by Hi-Rez and any such other websites established by Hi-Rez or its subsidiaries from time to time which reference this Privacy Policy, including without limitation (collectively, the “Site”).
This Privacy Policy is incorporated into and made a part of Hi-Rez’s Terms of Service and Use Agreement.
In addition, Hi-Rez owns several other domain names that link or point to the websites listed above, and we will from time to time add new games and new websites that may or may not be listed above. Please note that this Privacy Policy applies only to the websites maintained by Hi-Rez, and not to websites maintained by third parties to which the websites listed above may link.
By using the Site or any of our Services, you signify your consent to this Policy. If you do not agree to this Policy, please do not use the site or any other Hi-Rez Services. Note that this Policy may change from time to time, so please check back regularly to stay informed of any changes. Material Changes to this Policy may be posted on the site. Your continued use of the Site of the Service, or accessing your Account, following any such changes, constitutes acceptance of such changes.
Table of Contents
1. Information We Collect Through Your Use of the Services
2. How We Use Your Information
3. How We Share Your Information
4. Your Choices
5. Third Party WebSites
6. Children’s Privacy
7. Transfer of Your Personal Information
8. Retention
9. Safeguarding Your Personal Information
10. Notice to California Residents
11. Notice to Residents of the European Economic Area and Switzerland
12. Communications

1. INFORMATION WE COLLECT THROUGH YOUR USE OF THE SERVICES
“Personal Information” includes any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual. We may collect several different types of Personal Information when you are accessing or using our Services, including.
(a) Information You Provide to Us.
Personal Information collected will vary depending upon the activity and may include, but is not limited to, your name, e-mail address, phone number, home address, birth date, created username and password, age, and gender. Such Personal information may be collected through:
• Account Information: Information you provide about yourself to use our software or online services (including, without limitation, when you register for an account with Hi-Rez), so that we may communicate with you and provide you with the Service;
• Self-Reported Information: Information you provide about yourself, as well as records and copies of such correspondence, when you purchase goods or services through the Site or Service, register for warranties, register for games or special game-specific event participation, or further contact us.
• Voluntary Information: Information you provide to us voluntarily by filing out marketing surveys, email campaigns, participating in message boards, newsletters, and contests, or subscribing to other offerings on the Site. We may also ask you for Personal Information if you report a problem with the Site or Service. We do not require this information to gain access to the Site; however, you may not use certain features, products, or services (including, without limitation, the Service) that require registration, or receive materials (e.g., newsletters), unless such information is provided.
Additionally, your participation in tournaments or other online game events is conditional upon your agreement to us collecting, using, storing, transmitting, and publicly displaying performance and statistical data (e.g., your scores, rankings, and achievements) generated through your participation in the foregoing. Prize winners may also be required to provide Social Security or Social Identification Numbers for tax purposes.
• User Contributions: You may choose to disclose information about yourself in our online message boards, chat rooms, forums, or in creating user “profiles” when you play games on our Site or utilizing the Service. User Contributions that you disclose in message boards, chat rooms, forums, or in “profile” information is public information, and there is no expectation of privacy or confidentiality. We cannot control the actions of other user or third parties with whom you may choose to share your User Contributions. Please see our Terms of Service and Use Agreement on this point and for other guidelines about posting content on our websites.
(b) Usage Information Automatically Collected.
When you play our games, visit our Site, or use our Services, we automatically collect information about the Services you use and how you use them (“Usage Information”), as described below:
• Service Data: When you play our games, we may retrieve information about your hardware system, gameplay and how our games are used, including, without limitation, your Internet Protocol Address, your gameplay characteristics and patterns, information about your computer, hardware, software, platform, media, information about online activity (e.g., feature usage), gameplay statistics and scores, user rankings, and click paths and other data that you may provide in surveys or online profiles. We use this information to enable you to play our game(s) over the Internet. We may also combine such information with other demographic information to better understand the behavior and preferences of our customers so that we can improve our Services and for marketing and advertising purposes.
• Cookies and Similar Tracking Technologies: We may use various tracking technologies to collect and store information about your use of our Services. We use these tools to ensure that you receive a personalized experience, to provide you with certain functions on our Services, to keep your account safe, and to improve and optimize our Services, and to inform our marketing efforts. Please refer to our Hi-Rez Studios Cookie Policy for more information, available at <https://www.hirezstudios.com/legal/>.
(c) Information We Receive from Third Parties
We may receive information about you from other sources, including third parties, business partners, our affiliates, or publicly available sources. Further, if you log into your user account through social media sign-in services (e.g., Facebook Connect), you provide Hi-Rez with permission to collect, store, and use any and all information in the same manner and to the same extent that you agreed the social network or third party platform could collect, store, or use the information. Once the Personal Information has been transferred to the Site from a third party, you may or may not be able to rescind or remove the information.
We obtain contact details and other Personal Information regarding media contacts and social media influencers from a variety of sources including Cision. If you wish to know more about how such information is collected and used, please refer to Cision’s privacy notice at <www.cision.com/us/legal/privacy-policy>.
2. HOW WE USE YOUR INFORMATION
Your Personal Information may be used for various purposes, including:
(a) To Communicate with You
The Personal Information you provide will allow us to alert you to new products, features, enhancements, special offers, upgrade opportunities, contests, and events of interest. While we may send emails that may contain information regarding third party products or services, this does not mean that we have provided or traded your Personal Information to any party. Additionally, we may use survey information in our voluntary marketing surveys to select and direct advertising that is more likely to be of interest to a particular user of an account with Hi-Rez. This information may be transmitted to an ad server owned by an advertising company to match account holders with ads that they are more likely to be interested in. You can manage your email preferences and opt out of certain communications. However, Service-related communications, as well as security and legal notices, are necessary for us to continue to provide our Services to you.
(b) Marketing and Advertising
We may process your Personal Information in order to create, deliver, monitor, and/or assess the success of our advertising and marketing efforts. We may show you interest-based advertisements or send you marketing communications based on information we’ve collected about you. Please see Section 4: Your Choices below for more information about how to opt-out of certain marketing communications.

(c) For Research and Development
We may share aggregate consumer data (which does not contain Personal Information) with the advertising companies or with any other third party, and we may use such information for any legitimate business purpose in our sole discretion. Additionally, we may utilize your Personal Information for internal marketing and demographic studies, so we can consistently improve our websites to better meet our visitors’ and users’ needs.
(d) To Enforce our Terms, Agreements, or Policies.
To maintain a safe, secure, and trusted environment for you when you use the Services, we use your Personal Information to make sure our terms, policies, and agreements with you and any third parties are enforced. We actively monitor, investigate, prevent, and mitigate any suspected or actual prohibited activities on our Services. We are required to process your Personal Information for this purpose to provide our Services.
(e) To Comply with Applicable Laws.
We may be required to process your Personal Information under certain laws and regulations, such as tax laws. We will also process any and all information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal or regulatory process (such as a judicial proceeding, court order, or government inquiry) or obligations that we may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the Company’s Terms of Service and other policies; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of the Company, its employees, its users, its clients, and the public. We cannot provide the Services to you without such processing.
3. HOW WE SHARE YOUR INFORMATION
In addition to the specific situations discussed elsewhere in this Policy, we disclose Personal Information in the following situations:
• Affiliates and Acquisitions. We may share your Personal Information with our corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control). In the event of a merger, acquisition, asset sale, or in the unlikely event of bankruptcy, visitor and user information (including, without limitation, Personal Information) maintained by Hi-Rez may be transferred to its successors or assigns.
• Service Providers. We may share your Personal Information with service providers we use in connection with the Service. Among other things service providers may help us to administer our website, conduct surveys, provide technical support, assist in the fulfillment of orders, aid in auditing practices, process payments on the Site, and for other legitimate purposes permitted by applicable law. Such service providers may have access to your Personal Information as reasonably necessary to perform these tasks on our behalf and are obligated not to disclose nor use such information for other purposes.
• Google Analytics Hi-Rez uses the Google Analytics Demographics and Interest Reporting features of Google Analytics for Display Advertising. You may opt-out of Google Analytics for Display Advertising and customize Google Display Network ads by visiting the Google Ads Preference Manager, which is available at <https:/www.google.com/settings/ads>
Google Analytics is an analytics service provider. Learn more about how Google collects and uses data at <https://policies.google.com/technologies/partner-sites>. To opt out of Google Analytics Advertising Features please use Google Ad Settings at <https://adssettings.google.com/>. To opt out of Google Analytics entirely please use <https://tools.google.com/dlpage/gaoptout>.
• Other Disclosures with Your Consent. We may ask if you would like us to share your Personal Information with other unaffiliated third parties who are not described elsewhere in this Policy.
• Other Disclosures without Your Consent. We may disclose Personal Information in response to subpoenas, warrants, or court orders, in connection with any legal process, or to comply with relevant laws. We may also share your Personal Information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies, or for any other proper purpose to law enforcement, or the appropriate judicial or civil authorities.
• Partner Promotion. Users who register for an account with Hi-Rez may register for other third party partners from our Site, or link a Hi-Rez account to an account with such third party partners, from time to time. If you opt-in to any of these services, we may collect additional information including, without limitation, information requested by a third party, and pass this information, together with all other Personal Information, to that third party partner. Use of your Personal Information by a third party partner will be governed by that third party provider’s privacy policy and terms of service. We may also retain any additional information collected for use in accordance with the terms of this Policy. Participation in these other related services is optional and is not required to access our Site, though some functionality may depend upon it.
4. YOUR CHOICES
For Personal Information that you have provided or that we have collected, you have the following choices:
(a) Your Account Information
You may edit some of your Personal Information through your account or ask us to change, update, or fix your Personal Information in certain cases, including if it’s inaccurate. When you update your account information, we may keep a copy of your previous account details for our records and to prevent fraud or other activities that violate our terms, policies, and agreements. Additionally, please note that by removing some of your data, your ability to use certain functionality of the Website may be limited. Further, if you do not provide us with certain Personal Information, we will no longer be able to provide you with access to certain Services.
(b) Communication Preferences.
When you register your account, we will offer you the opportunity to opt-in or opt-out of receiving Hi-Rez marketing communications, including event invitations, special offers, and newsletters. If you choose to have your account removed from our mailing list, you can do so by adjusting your communications preferences or click the unsubscribe link within the email you received from us. You will not be able to unsubscribe from Service-related communications as they are necessary for us to continue offering you the Services.
To make these or any other requests with respect to your Personal Information, you may contact our support desk at <http://www.hirezstudios.com/submit-support-ticket/> or email privacy@hirezstudios.com. We ask that you describe, in reasonable detail, identify yourself and identify the information requested to be accessed, corrected, or removed. We will then review, update, or remove information as appropriate within a commercially reasonable time frame after receiving such notice from you. You can also change your settings for receiving marketing communications on your Hi-Rez Account page at any time. We may decline to process requests if we cannot verify the requestor’s identity, if we believe the change would violate any law or legal requirement or cause the information to be incorrect, or for a similar purpose. In any case, where we provide information access, deletion, or correction, we perform this service free of charge, except if doing so would require a disproportionate effort.
5. THIRD PARTY WEBSITES
You may find links to third party websites, payment applications, and widgets on our Site or Services, that we do not own nor control. When you interact with such links or applications, you may leave the Hi-Rez Site you are visiting and go to the website you selected. For example, you may be required to establish a STEAM account with Valve Corporation to use our game(s), and you may be required to provide credit card and other information to Valve Corporation and our other third party payment processors when you purchase products or services from our Site or through our Service. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements. Once you leave our Service or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our Site’s Terms of Service.
The Site may also offer you the ability to share your Personal Information through a social networking site (e.g., Facebook, Twitter, LinkedIn), using such social networking site’s integrated tools (e.g., Facebook “Like” button, or Twitter “Tweet” button). The use of such integrated tools enables you to share Personal Information about yourself with other individuals or the public, depending on the settings that you have established with such social networking site. Additionally, by making Personal Information available on the Site, you “opt in” to allow Hi-Rez to provide such Personal Information to a social networking site without your further consent. For more information about the purpose and scope of data collection and use in connection with such social networking site or a site’s integrated tools, please visit the privacy policies of the entities that provide these social networking sites.
6. CHILDREN’S PRIVACY
Hi-Rez does not permit access to the Site or Services by children under the age of 13. If you are under 13 years of age, you should not access, or attempt to obtain access to, the Site or Services. The Site does not collect Personal Information from any person we actually know is under the age of 13. If your child is under 13 and you believe they are accessing the Site and Services, please contact us at privacy@hirezstudios.com. Teenagers age thirteen or older, but who are under the age of eighteen must have their parents or guardians review this Policy and should encourage them to contact us if they would like to raise any concerns. For more information, we encourage you to review our Parent Information page, available at <http://www.hirezstudios.com/parents>.
7. TRANSFER OF YOUR PERSONAL INFORMATION
Hi-Rez maintains and stores your Personal Information on servers located within the United States. This may not apply to Hi-Rez’s third party providers (including, without limitation, Valve Corporation and our third party payment processors). In the event that Hi-Rez becomes a global organization, some of the computer systems on which Hi-Rez collects, stores, and uses the information it collects or receives may be based outside the United States. Therefore, your Personal Information may be transferred to, used, processed, or held by Hi-Rez in the United States and in other countries, including, without limitation, countries both in and outside the European Union, and used for the purposes set out in this Policy. You hereby consent to such use, storage and transfer of your Personal Information.
8. RETENTION
Hi-Rez retains your Personal Information: (a) for so long as your account is active or as needed to provide you with Services or to fulfill our contractual obligations; (b) as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements; and (c) for so long as is necessary for the purposes for which we collected such Personal Information.
9. SAFEGUARDING YOUR PERSONAL INFORMATION
We will only collect and use Personal Information in accordance with this Policy to the extent deemed reasonably necessary to serve our legitimate business purposes, and we will use reasonable safeguards to preserve the security, integrity, accuracy, and privacy of the information you have provided. In addition, we will take reasonable steps to ensure that third parties to whom we transfer any Personal Information will provide commercially reasonable protection of that information. We cannot, however, ensure or warrant the security of any information you transmit to Hi-Rez, and you do so at your own risk. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, managerial, or other safeguards.
If Hi-Rez learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Hi-Rez may post a notice on its Site if a security breach occurs.
10. NOTICE TO CALIFORNIA RESIDENTS
Shine the Light: Under California law, California residents who have an established business relationship with Hi-Rez or its Affiliates may choose to opt out of Hi-Rez’s disclosure of Personal Information about them to third parties for direct marketing purposes. As detailed in this Policy, our policy is not to disclose Personal Information collected online to a third party for direct marketing purposes without your approval. If you choose to opt-out at any time after granting approval, contact our support desk at <http://www.hirezstudios.com/submit-support-ticket/> or email privacy@hirezstudios.com or write to: Account Management, Hi-Rez Studios, Inc., 3750 Brookside Parkway, Suite 200 Alpharetta, Georgia 30022.
Privacy Rights: California residents have certain rights under the California Consumer Privacy Act (“CCPA”). Please see below for our CCPA Privacy Notice:
We have collected the following categories (as defined by the CCPA) of Personal Information regarding California residents within the last 12 months from the sources listed below:
CATEGORY OF PERSONAL INFORMATION COLLECTED SOURCES OF PERSONAL INFORMATION
Identifiers, such as your name, address, phone number, email address, date of birth or other similar identifiers. You, our service providers and agents who perform services on our behalf (“Vendors”), and Social Networks.
Protected Classification Characteristics, such as age and gender. You and Social Networks.
Commercial Information, such as shopping and purchase history. You and your browser or device.
Internet/Network Information, such as device information, logs and analytics data. Your browser or device.
Geolocation Data, such as precise location information from your device or generated based on IP address. Your browser or device.
Sensory Information, such as audio recordings of phone calls with us, where permitted by law. You.
Inferences from Personal Information Collected, such as your preferences and your likelihood of interest in certain of our games. You, your browser or device, and Vendors.
As described in the “How We Share Your Information” section above, we share Personal Information with third parties for business purposes such as:
• Audits and reporting relating to particular transactions and interactions, including online interactions, you may have with us or others on our behalf;
• Detecting and protecting against security incidents, and malicious, deceptive, fraudulent or illegal activity, and prosecuting the same;
• Debugging to identify and repair errors in our systems;
• Short-term, transient use including contextual customization of ads;
• Providing services on our behalf or on behalf of another, including maintaining or servicing accounts, providing customer service, fulfilling transactions, verifying identity information, processing payments, and other services;
• Conducting internal research to develop and demonstrate technology;
• Conducting activity to verify, enhance, and maintain the quality or safety of services or devices which we may own, control, or provide; and
• Other business purposes described in the “Use or Sharing of Personal Information” Section.
If you are a California resident, you have certain rights related to your Personal Information, including:
• The right to request that we disclose to you:
o the specific pieces of Personal Information we have collected;
o the categories of Personal Information we have collected about you;
o the categories of sources from which the Personal Information is collected;
o our business or commercial purpose for collecting or selling Personal Information;
o the categories of third parties with whom we share Personal Information; and
o a list of the categories of Personal Information, such as name, address, e–mail address, and the type of services provided to the customer, that we have disclosed to third parties (including independent affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties' direct marketing purposes.
• The right to request that we delete the Personal Information we hold about you, unless the Personal Information is necessary for the us or our service providers to:
o complete a transaction for which the Personal Information was collected, provide a good or service requested by the individual or otherwise perform a contract between us and the consumer;
o detect security incidents;
o protect against malicious, deceptive, fraudulent or illegal activity (or prosecute those responsible);
o debug to identify and repair functionality errors;
o exercise or ensure the right of another to exercise free speech or another legal right;
o comply with the California Electronic Communications Privacy Act, which compels the production of or access to electronic communication information or electronic device information with a search warrant;
o engage in research in the public interest (if the consumer has provided informed consent);
o to enable solely internal uses aligned with the consumer's expectations given their relationship with us;
o comply with a legal obligation;
o otherwise use the information internally in a lawful manner compatible with the context in which the consumer provided it.
• The right to opt-out of the sale of your Personal Information. We do not sell and, within the last 12 months, we have not sold Personal Information. However, we may use advertising and tracking technology, which may be considered a sale under the CCPA. For more information, please review our Hi-Rez Studios Cookie Policy, available at <https://www.hirezstudios.com/legal/>.
You may request to exercise these rights by contacting us at the addresses listed in the “Communications” section below.
We may limit our response to your rights request as permitted under the CCPA. The right to disclosure and right to deletion are not absolute and are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your account with us or the security of the business’s systems of networks.
As required under the CCPA, please note that we will take steps to verify your identity before granting you access to information or acting on your request to exercise your rights. We cannot effectuate your request if we are unable to verify your identity or authority to make the request and confirm that the personal information relates to you. We may require you to provide your email address to verify your identity in response to exercising requests of the above type. You will, therefore, need access to your email account to receive our communications necessary to process your request. Please make sure to check your spam inbox to ensure these important communications are not missed. We will not use any Personal Information provided to us for verification purposes for any reason other than to verify your identity.
You may designate an authorized agent to make a request on your behalf. You may make such a designation by providing the agent with written permission to act on your behalf. We will require the agent to provide proof of that written permission. As permitted by law, we may require you to verify your own identity in response to a request, even if you choose to use an agent.
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.
California Do Not Track: California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how we respond to “Do Not Track” browser settings. However, we do not currently take actions to respond to Do Not Track signals because a uniform technological standard has not yet been developed.

11. NOTICE TO RESIDENTS OF THE EUROPEAN ECONOMIC AREA AND SWITZERLAND
This section only applies to individuals using or accessing our Service while located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the “Designated Countries”) at the time of data collection. We may ask you to identify which country you are located in when you use or access some of the Services, or we may rely on your IP address to identify which country you are located in. When we rely on your IP address, we cannot apply the terms of this section to any individual that masks or otherwise hides their location information from us so as not to appear located in the Designated Countries. If any terms in this section conflict with other terms contained in this Policy, the terms in this section shall apply to individuals in the Designated Countries.
(a) Our Relationship to You.
We are a data controller with regard to any Personal Information collected from individuals accessing or using its Services. A “data controller” is an entity that determines the purposes for which and the manner in which any Personal Information is processed.
We use your Personal Information under certain legal bases permitted under the law, including:
• With your consent
• To satisfy legal obligations
• If we need to, to fulfill a contract with you, or to enter into a contract with you
• In the public interest
• In your vital interests
• Based on our legitimate interests
(b) Marketing
If you are located in the Designated Countries, we will only contact you by electronic means (including email or SMS) for direct marketing purposes based on your consent. If you do not want us to use your Personal Information in this way, please click the unsubscribe link at the bottom of any of our email messages to you or contact us at privacy@hirezstudios.com. You can object to direct marketing at any time and free of charge.
(c) Individual Rights
We provide you with the rights described below when you use our Services. We may limit your individual rights requests: (a) where denial of access is required or authorized by law; (b) when granting access would have a negative impact on other’s privacy; (c) to protect our rights and properties; or (d) where the request is frivolous or unrealistic. If you would like to exercise your rights under applicable law, please contact us at privacy@hirezstudios.com.
• You can request access or deletion of your Personal Information.
• You can correct or update your Personal Information, object to processing or your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information.
• If we collected and processed your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of the processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
• You have the right to complain to your local data protection authority about our collection and use of your Personal Information.
12. COMMUNICATIONS
If you have any questions, complaints, or comments regarding our Policy or use of your information, please contact our legal department at legal@hirezstudios.com.
Hi-Rez Studios
Attn: Legal Department
Email: legal@hirezstudios.com.
Or at:
Legal Department
Hi-Rez Studios, Inc.,
3750 Brookside Parkway, Suite 200
Alpharetta, Georgia 30022

=====================================================

HI-REZ STUDIOS® PRIVACY POLICY
Effective as of January 31, 2020 through and including April 19, 2021.
Hi-Rez Studios, Inc. (“Hi-Rez,” the “Company,” “we,” or “us”) respects the privacy of its users and recognizes the importance of protecting the information collected about you. We are committed to safeguarding and handling your Personal Information in a responsible and secure manner.
We have adopted a companywide Privacy Policy (the “Policy”) that guides how we process your Personal Information in connection with your access or use of the Site (as defined below) or any Hi-Rez game(s) or subscription service(s) offered through the Site (the “Service”). When we collect, access, use, or do anything with your Personal Information on our website or through our Services, we are “processing” your Personal Information. This Privacy Policy also applies to information or data that may be collected by Hi-Rez offline as described in this Privacy Policy below. This Privacy Policy applies to your use of any videogame developed and/or published by Hi-Rez, and the following websites operated by Hi-Rez and any such other websites established by Hi-Rez or its subsidiaries from time to time which reference this Privacy Policy, including without limitation (collectively, the “Site”).
This Privacy Policy is incorporated into and made a part of Hi-Rez’s Terms of Service and Use Agreement.
In addition, Hi-Rez owns several other domain names that link or point to the websites listed above, and we will from time to time add new games and new websites that may or may not be listed above. Please note that this Privacy Policy applies only to the websites maintained by Hi-Rez, and not to websites maintained by third parties to which the websites listed above may link.
By using the Site or any of our Services, you signify your consent to this Policy. If you do not agree to this Policy, please do not use the site or any other Hi-Rez Services. Note that this Policy may change from time to time, so please check back regularly to stay informed of any changes. Material Changes to this Policy may be posted on the site. Your continued use of the Site of the Service, or accessing your Account, following any such changes, constitutes acceptance of such changes.
Table of Contents
1. Information We Collect Through Your Use of the Services
2. How We Use Your Information
3. How We Share Your Information
4. Your Choices
5. Third Party WebSites
6. Children’s Privacy
7. Cookies and Similar Tracking Technologies
8. Transfer of Your Personal Information
9. Retention
10. Safeguarding Your Personal Information
11. Notice to California Residents
12. Notice to Residents of the European Economic Area and Switzerland
13. Communications

1. INFORMATION WE COLLECT THROUGH YOUR USE OF THE SERVICES
“Personal Information” includes any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual. We may collect several different types of Personal Information when you are accessing or using our Services, including.
(a) Information You Provide to Us.
Personal Information collected will vary depending upon the activity and may include, but is not limited to, your name, e-mail address, phone number, home address, birth date, created username and password, age, and gender. Such Personal information may be collected through:
• Account Information: Information you provide about yourself to use our software or online services (including, without limitation, when you register for an account with Hi-Rez), so that we may communicate with you and provide you with the Service;
• Self-Reported Information: Information you provide about yourself, as well as records and copies of such correspondence, when you purchase goods or services through the Site or Service, register for warranties, register for games or special game-specific event participation, or further contact us.
• Voluntary Information: Information you provide to us voluntarily by filing out marketing surveys, email campaigns, participating in message boards, newsletters, and contests, or subscribing to other offerings on the Site. We may also ask you for Personal Information if you report a problem with the Site or Service. We do not require this information to gain access to the Site; however, you may not use certain features, products, or services (including, without limitation, the Service) that require registration, or receive materials (e.g., newsletters), unless such information is provided.
Additionally, your participation in tournaments or other online game events is conditional upon your agreement to us collecting, using, storing, transmitting, and publicly displaying performance and statistical data (e.g., your scores, rankings, and achievements) generated through your participation in the foregoing. Prize winners may also be required to provide Social Security or Social Identification Numbers for tax purposes.
• User Contributions: You may choose to disclose information about yourself in our online message boards, chat rooms, forums, or in creating user “profiles” when you play games on our Site or utilizing the Service. User Contributions that you disclose in message boards, chat rooms, forums, or in “profile” information is public information, and there is no expectation of privacy or confidentiality. We cannot control the actions of other user or third parties with whom you may choose to share your User Contributions. Please see our Terms of Service and Use Agreement on this point and for other guidelines about posting content on our websites.
(b) Usage Information Automatically Collected.
When you play our games, visit our Site, or use our Services, we automatically collect information about the Services you use and how you use them (“Usage Information”), as described below:
• Service Data: When you play our games, we may retrieve information about your hardware system, gameplay and how our games are used, including, without limitation, your Internet Protocol Address, your gameplay characteristics and patterns, information about your computer, hardware, software, platform, media, information about online activity (e.g., feature usage), gameplay statistics and scores, user rankings, and click paths and other data that you may provide in surveys or online profiles. We use this information to enable you to play our game(s) over the Internet. We may also combine such information with other demographic information to better understand the behavior and preferences of our customers so that we can improve our Services.
• Cookies and Similar Tracking Technologies: We may use various tracking technologies to collect and store information about your use of our Services. We use these tools to ensure that you receive a personalized experience, to provide you with certain functions on our Services, to keep your account safe, and to improve and optimize our Services. Please refer to the Cookies and Similar Tracking Technologies section below for more information.
(c) Information We Receive from Third Parties
We may receive information about you from other sources, including third parties, business partners, our affiliates, or publicly available sources. Further, if you log into your user account through social media sign-in services (e.g., Facebook Connect), you provide Hi-Rez with permission to collect, store, and use any and all information in the same manner and to the same extent that you agreed the social network or third party platform could collect, store, or use the information. Once the Personal Information has been transferred to the Site from a third party, you may or may not be able to rescind or remove the information.
2. HOW WE USE YOUR INFORMATION
Your Personal Information may be used for various purposes, including:
(a) To Communicate with You
The Personal Information you provide will allow us to alert you to new products, features, enhancements, special offers, upgrade opportunities, contests, and events of interest. While we may send emails that may contain information regarding third party products or services, this does not mean that we have provided or traded your Personal Information to any party. Additionally, we may use survey information in our voluntary marketing surveys to select and direct advertising that is more likely to be of interest to a particular user of an account with Hi-Rez. This information may be transmitted to an ad server owned by an advertising company to match account holders with ads that they are more likely to be interested in. You can manage your email preferences and opt out of certain communications. However, Service-related communications, as well as security and legal notices, are necessary for us to continue to provide our Services to you.
(b) For Research and Development
We may share aggregate consumer data (which does not contain Personal Information) with the advertising companies or with any other third party, and we may use such information for any legitimate business purpose in our sole discretion. Additionally, we may utilize your Personal Information for internal marketing and demographic studies, so we can consistently improve our websites to better meet our visitors’ and users’ needs.
(c) To Enforce our Terms, Agreements, or Policies.
To maintain a safe, secure, and trusted environment for you when you use the Services, we use your Personal Information to make sure our terms, policies, and agreements with you and any third parties are enforced. We actively monitor, investigate, prevent, and mitigate any suspected or actual prohibited activities on our Services. We are required to process your Personal Information for this purpose to provide our Services.
(d) To Comply with Applicable Laws.
We may be required to process your Personal Information under certain laws and regulations, such as tax laws. We will also process any and all information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal or regulatory process (such as a judicial proceeding, court order, or government inquiry) or obligations that we may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the Company’s Terms of Service and other policies; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of the Company, its employees, its users, its clients, and the public. We cannot provide the Services to you without such processing.
3. HOW WE SHARE YOUR INFORMATION
In addition to the specific situations discussed elsewhere in this Policy, we disclose Personal Information in the following situations:
• Affiliates and Acquisitions. We may share your Personal Information with our corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control). In the event of a merger, acquisition, asset sale, or in the unlikely event of bankruptcy, visitor and user information (including, without limitation, Personal Information) maintained by Hi-Rez may be transferred to its successors or assigns.
• Service Providers. We may share your Personal Information with service providers we use in connection with the Service. Among other things service providers may help us to administer our website, conduct surveys, provide technical support, assist in the fulfillment of orders, aid in auditing practices, process payments on the Site, and for other legitimate purposes permitted by applicable law. Such service providers may have access to your Personal Information as reasonably necessary to perform these tasks on our behalf and are obligated not to disclose nor use such information for other purposes.
• Google Analytics Hi-Rez uses the Google Analytics Demographics and Interest Reporting features of Google Analytics for Display Advertising. You may opt-out of Google Analytics for Display Advertising and customize Google Display Network ads by visiting the Google Ads Preference Manager, which is available at <https:/www.google.com/settings/ads>
Google Analytics is an analytics service provider. Learn more about how Google collects and uses data at <https://policies.google.com/technologies/partner-sites>. To opt out of Google Analytics Advertising Features please use Google Ad Settings at <https://adssettings.google.com/>. To opt out of Google Analytics entirely please use <https://tools.google.com/dlpage/gaoptout>.
• Other Disclosures with Your Consent. We may ask if you would like us to share your Personal Information with other unaffiliated third parties who are not described elsewhere in this Policy.
• Other Disclosures without Your Consent. We may disclose Personal Information in response to subpoenas, warrants, or court orders, in connection with any legal process, or to comply with relevant laws. We may also share your Personal Information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies, or for any other proper purpose to law enforcement, or the appropriate judicial or civil authorities.
• Partner Promotion. Users who register for an account with Hi-Rez may register for other third party partners from our Site, or link a Hi-Rez account to an account with such third party partners, from time to time. If you opt-in to any of these services, we may collect additional information including, without limitation, information requested by a third party, and pass this information, together with all other Personal Information, to that third party partner. Use of your Personal Information by a third party partner will be governed by that third party provider’s privacy policy and terms of service. We may also retain any additional information collected for use in accordance with the terms of this Policy. Participation in these other related services is optional and is not required to access our Site, though some functionality may depend upon it.
4. YOUR CHOICES
For Personal Information that you have provided or that we have collected, you have the following choices:
(a) Your Account Information
You may edit some of your Personal Information through your account or ask us to change, update, or fix your Personal Information in certain cases, including if it’s inaccurate. When you update your account information, we may keep a copy of your previous account details for our records and to prevent fraud or other activities that violate our terms, policies, and agreements. Additionally, please note that by removing some of your data, your ability to use certain functionality of the Website may be limited. Further, if you do not provide us with certain Personal Information, we will no longer be able to provide you with access to certain Services.
(b) Communication Preferences.
When you register your account, we will offer you the opportunity to opt-in or opt-out of receiving Hi-Rez marketing communications, including event invitations, special offers, and newsletters. If you choose to have your account removed from our mailing list, you can do so by adjusting your communications preferences or click the unsubscribe link within the email you received from us. You will not be able to unsubscribe from Service-related communications as they are necessary for us to continue offering you the Services.
To make these or any other requests with respect to your Personal Information, you may contact our support desk at <http://www.hirezstudios.com/submit-support-ticket/> or email privacy@hirezstudios.com. We ask that you describe, in reasonable detail, identify yourself and identify the information requested to be accessed, corrected, or removed. We will then review, update, or remove information as appropriate within a commercially reasonable time frame after receiving such notice from you. You can also change your settings for receiving marketing communications on your Hi-Rez Account page at any time. We may decline to process requests if we cannot verify the requestor’s identity, if we believe the change would violate any law or legal requirement or cause the information to be incorrect, or for a similar purpose. In any case, where we provide information access, deletion, or correction, we perform this service free of charge, except if doing so would require a disproportionate effort.
5. THIRD PARTY WEBSITES
You may find links to third party websites, payment applications, and widgets on our Site or Services, that we do not own nor control. When you interact with such links or applications, you may leave the Hi-Rez Site you are visiting and go to the website you selected. For example, you may be required to establish a STEAM account with Valve Corporation to use our game(s), and you may be required to provide credit card and other information to Valve Corporation and our other third party payment processors when you purchase products or services from our Site or through our Service. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements. Once you leave our Service or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our Site’s Terms of Service.
The Site may also offer you the ability to share your Personal Information through a social networking site (e.g., Facebook, Twitter, LinkedIn), using such social networking site’s integrated tools (e.g., Facebook “Like” button, or Twitter “Tweet” button). The use of such integrated tools enables you to share Personal Information about yourself with other individuals or the public, depending on the settings that you have established with such social networking site. Additionally, by making Personal Information available on the Site, you “opt in” to allow Hi-Rez to provide such Personal Information to a social networking site without your further consent. For more information about the purpose and scope of data collection and use in connection with such social networking site or a site’s integrated tools, please visit the privacy policies of the entities that provide these social networking sites.
6. CHILDREN’S PRIVACY
Hi-Rez does not permit access to the Site or Services by children under the age of 13. If you are under 13 years of age, you should not access, or attempt to obtain access to, the Site or Services. The Site does not collect Personal Information from any person we actually know is under the age of 13. If your child is under 13 and you believe they are accessing the Site and Services, please contact us at privacy@hirezstudios.com. Teenagers age thirteen or older, but who are under the age of eighteen must have their parents or guardians review this Policy and should encourage them to contact us if they would like to raise any concerns. For more information, we encourage you to review our Parent Information page, available at <http://www.hirezstudios.com/parents>.
7. COOKIES AND SIMILAR TRACKING TECHNOLOGIES
(a) Summary
We may use cookies and other technologies (such as web beacons and pixels) to collect demographic information, personalize your experience on our Site, and monitor advertisements and other activities. Cookies are small files downloaded to your computer to track movements and behavior within websites. Certain of our websites may use cookies to keep track of your shopping cart and make sure you do not see the same ad repeatedly. Also, we may use cookies to deliver content specific to your interests and for other purposes. For example, certain of our websites may use “cookies” or other methods to monitor website usage. We may collect information on what games are played, how much time is spent playing the games, and which ads or links are clicked. We may link cookie information to Personal Information.
Certain of our websites use an outside ad company to display ads. These ads may contain cookies. Cookies received with banner ads are collected by our ad companies, and Hi-Rez does not have access to this information. Most browsers are automatically set to accept cookies whenever you visit a website. You can disable cookies or set your browser to alert you when cookies are being sent. However, some areas of our Site will not function properly if you do so.
Other technologies used in our websites include clear GIFs and IP address logging. Clear GIFs (i.e., web bugs, beacons, or tags) are small graphic images placed on a webpage, web-based document, or in an e- mail message. Clear GIFs are invisible to the user because they are typically very small (e.g., only 1-by-1 pixel) and the same color as the background of the web page, document, or e-mail message. We do not use clear GIFs to collect Personal Information about you. However, we may use clear GIFs to capture statistical usage information for our webpages, features, or other elements on a webpage. We may correlate this information to a user to personalize user experience and for statistical analysis of user experiences on our webpages.
(b) Managing Cookies Through Browser Settings
You can enable, disable, or delete cookies through the browser you are using to access our Services. Many browser manufacturers provide helpful information about cookie management, including, but not limited to:
• Google Chrome
• Internet Explorer
• Mozilla Firefox
• Safari (Desktop)
• Safari (Mobile)
• Android Browser
• Opera
• Opera Mobile
Please note, if you set your browser to disable cookies, you may not be able to access secure areas of our Services, and/or parts of the Services may not work properly for you. You can find more information about how to change your browser cookie settings at https://www.allaboutcookies.org.
8. TRANSFER OF YOUR PERSONAL INFORMATION
Hi-Rez maintains and stores your Personal Information on servers located within the United States. This may not apply to Hi-Rez’s third party providers (including, without limitation, Valve Corporation and our third party payment processors). In the event that Hi-Rez becomes a global organization, some of the computer systems on which Hi-Rez collects, stores, and uses the information it collects or receives may be based outside the United States. Therefore, your Personal Information may be transferred to, used, processed, or held by Hi-Rez in the United States and in other countries, including, without limitation, countries both in and outside the European Union, and used for the purposes set out in this Policy. You hereby consent to such use, storage and transfer of your Personal Information.
9. RETENTION
Hi-Rez retains your Personal Information: (a) for so long as your account is active or as needed to provide you with Services or to fulfill our contractual obligations; (b) as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements; and (c) for so long as is necessary for the purposes for which we collected such Personal Information.
10. SAFEGUARDING YOUR PERSONAL INFORMATION
We will only collect and use Personal Information in accordance with this Policy to the extent deemed reasonably necessary to serve our legitimate business purposes, and we will use reasonable safeguards to preserve the security, integrity, accuracy, and privacy of the information you have provided. In addition, we will take reasonable steps to ensure that third parties to whom we transfer any Personal Information will provide commercially reasonable protection of that information. We cannot, however, ensure or warrant the security of any information you transmit to Hi-Rez, and you do so at your own risk. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, managerial, or other safeguards.
If Hi-Rez learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Hi-Rez may post a notice on its Site if a security breach occurs.
11. NOTICE TO CALIFORNIA RESIDENTS
Under California law, California residents who have an established business relationship with Hi-Rez or its Affiliates may choose to opt out of Hi-Rez’s disclosure of Personal Information about them to third parties for direct marketing purposes. As detailed in this Policy, our policy is not to disclose Personal Information collected online to a third party for direct marketing purposes without your approval. If you choose to opt-out at any time after granting approval, contact our support desk at <http://www.hirezstudios.com/submit-support-ticket/> or email privacy@hirezstudios.com or write to: Account Management, Hi-Rez Studios, Inc., 3750 Brookside Parkway, Suite 200 Alpharetta, Georgia 30022.
12. NOTICE TO RESIDENTS OF THE EUROPEAN ECONOMIC AREA AND SWITZERLAND
This section only applies to individuals using or accessing our Service while located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the “Designated Countries”) at the time of data collection. We may ask you to identify which country you are located in when you use or access some of the Services, or we may rely on your IP address to identify which country you are located in. When we rely on your IP address, we cannot apply the terms of this section to any individual that masks or otherwise hides their location information from us so as not to appear located in the Designated Countries. If any terms in this section conflict with other terms contained in this Policy, the terms in this section shall apply to individuals in the Designated Countries.
(a) Our Relationship to You.
We are a data controller with regard to any Personal Information collected from individuals accessing or using its Services. A “data controller” is an entity that determines the purposes for which and the manner in which any Personal Information is processed.
We use your Personal Information under certain legal bases permitted under the law, including:
• With your consent
• To satisfy legal obligations
• If we need to, to fulfill a contract with you, or to enter into a contract with you
• In the public interest
• In your vital interests
• Based on our legitimate interests
(b) Marketing
If you are located in the Designated Countries, we will only contact you by electronic means (including email or SMS) for direct marketing purposes based on your consent. If you do not want us to use your Personal Information in this way, please click the unsubscribe link at the bottom of any of our email messages to you or contact us at privacy@hirezstudios.com. You can object to direct marketing at any time and free of charge.
(c) Individual Rights
We provide you with the rights described below when you use our Services. We may limit your individual rights requests: (a) where denial of access is required or authorized by law; (b) when granting access would have a negative impact on other’s privacy; (c) to protect our rights and properties; or (d) where the request is frivolous or unrealistic. If you would like to exercise your rights under applicable law, please contact us at privacy@hirezstudios.com.
• You can request access or deletion of your Personal Information.
• You can correct or update your Personal Information, object to processing or your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information.
• If we collected and processed your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of the processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
• You have the right to complain to your local data protection authority about our collection and use of your Personal Information.
13. COMMUNICATIONS
If you have any questions, complaints, or comments regarding our Policy or use of your information, please contact our legal department at legal@hirezstudios.com.
Hi-Rez Studios
Attn: Legal Department
Email: legal@hirezstudios.com.
Or at:
Legal Department
Hi-Rez Studios, Inc.,
3750 Brookside Parkway, Suite 200
Alpharetta, Georgia 30022

=====================================================

Rogue Company End User License Agreement

Last updated on September 12, 2019

1. TERMS OF AGREEMENT. IMPORTANT LEGAL NOTICE!
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS AND CONDITIONS. THIS END USER LICENSE AGREEMENT (THE "AGREEMENT") IS BETWEEN YOU AS THE END USER ("YOU" OR "YOUR") AND HI-REZ STUDIOS, INC. ("HI-REZ," "WE," "US," OR "OUR").

IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS END USER LICENSE AGREEMENT, YOU MUST NOT PROCEED ANY FURTHER AND EXIT THE SOFTWARE PRODUCT IMMEDIATELY.

BY PROCEEDING PAST THIS SCREEN, OR BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, AND REPRESENT AND WARRANT TO HI-REZ THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND THAT YOU ARE AT LEAST EIGHTEEN YEARS OF AGE (EVEN IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN AUTHORIZED USER WHO IS AT LEAST THIRTEEN YEARS OF AGE).

IF YOU PURCHASED THIS GAME OR OTHER DIGITAL CONTENT FROM A THIRD PARTY RETAILER OR DISTRIBUTOR, REFUNDS FOR THE SOFTWARE PRODUCT ARE GOVERNED BY THAT RETAILER’S OR DISTRIBUTOR'S REFUND POLICY. IF YOU PURCHASED THE SOFTWARE PRODUCT DIRECTLY FROM HI-REZ AND NOT FROM A RETAILER OR DISTRIBUTOR, AND YOU REJECT THE TERMS OF THIS AGREEMENT WITHIN THIRTY CALENDAR DAYS AFTER YOUR PURCHASE, YOU MAY BE ELIGIBLE FOR A REFUND IN ACCORDANCE WITH HI-REZ’S REFUND
POLICY LOCATED AT <http://www.hirezstudios.com/legal>. PLEASE NOTE THAT ONCE YOU AGREE TO THE TERMS OF THIS AGREEMENT, CREATE AN ACCOUNT WITH HI-REZ, OR ACTIVATE THE SOFTWARE PRODUCT, YOU WILL NO LONGER BE ELIGIBLE FOR A REFUND.

THE TERMS OF THIS AGREEMENT MAY BE AMENDED, SUPPLEMENTED, OR MODIFIED AT ANY TIME BY HI-REZ IN ITS SOLE DISCRETION, INCLUDING, WITHOUT LIMITATION, WHEN HI-REZ UPDATES OR UPGRADES THE SOFTWARE PRODUCT, EFFECTIVE UPON PRIOR NOTICE AS
FOLLOWS: Hi-Rez will post the revised version of this Agreement on the legal page of the official Hi-Rez website located at <http://www.hirezstudios.com/legal> and may provide such other notice as Hi-Rez may elect in its sole discretion. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with Section 9 below. Your installation and use of any of Hi-Rez’s updates, upgrades, or modifications to the Software Product or your continued use of the Software Product following notice of changes to this Agreement shall conclusively demonstrate your acceptance of such changes. Hi-Rez may change, modify, suspend, or discontinue any aspect of the Software Product at any time. Hi-Rez may also impose limits on certain features or restrict your access to parts or all of the Software Product without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Software Product.

2. SCOPE OF AGREEMENT.

This Agreement is a legal contract between you and Hi-Rez for the game accompanying this Agreement, which includes the interactive entertainment software product entitled "Rogue Company" in object code format only, and the associated media, Documentation, and Updates, if any, provided by Hi-Rez to you and for which you are granted a license pursuant to this Agreement (collectively, the "Software Product"). As used in this Agreement, "Documentation" shall mean the Terms of Service and Use Agreement (the "Terms of Use") and the Hi-Rez Studios Privacy Policy (the "Privacy Policy"), both of which are available from the legal page of the official Hi-Rez website located at <http://www.hirezstudios.com/legal>, as well as any User Manual(s) that Hi-Rez makes generally available to licensees of Rogue Company. As used in this Agreement, "Updates" shall mean any and all patches, modifications, updates, and upgrades with respect to the Software Product that Hi-Rez makes generally available to licensees of Rogue Company. The Software Product may only be played by obtaining from Hi-Rez access to the Rogue Company game service (the "Service"), which can be done by visiting <http://www.roguecompany.com> (the "Site") or through an authorized distribution channel otherwise provided by a third party and approved by Hi-Rez either of which is subject to a separate Terms of Use and will require you to setup an account with Hi-Rez as well as Hi-Rez’s third party payment provider(s). The Terms of Use are incorporated into this Agreement by reference. You may access the current version of the Terms of Use at <http://www.hirezstudios.com/legal>. The Terms of Use are subject to change by Hi-Rez with or without notice. The Software Product and any and all copies and derivative works of the Software Product are the proprietary and copyrighted work of Hi-Rez Studios, Inc. Any use, reproduction, modification, or distribution of the Software Product not expressly authorized by the terms of this Agreement is expressly prohibited. All rights in and to the Software Product not granted herein are hereby expressly reserved by Hi-Rez. Any permitted user-generated content based on or included in the Software Product constitutes a derivative work of the Software Product and Hi-Rez retains all right, title, and interest therein.

3. LIMITED USE LICENSE.

By accepting this Agreement (via the appropriate affirmation button on your platform), and subject to the terms and conditions of this Agreement, you may install the applicable software comprising of the Software Product (the "Game Software") onto your computer or applicable hardware device, solely for purposes of playing the Software Product by registering for and accessing an account with the Service at the Site (the "Account"). Subject to your agreement to and full ongoing compliance with the terms and conditions of this Agreement, Hi-Rez hereby grants to you a limited, non-exclusive, non-transferable license to (a) install one copy of the Game Software on one or more computers and/or applicable hardware devices owned by you or under your legitimate control, and (b) use the Game Software in conjunction with the Service solely for your lawful and non-commercial entertainment purposes. You may install the Game Software on multiple computers and/or applicable hardware devices owned by you or under your legitimate control, but you may only play the Software Product on one computer or one applicable hardware device at any single point in time. All use of the Game Software is subject to the terms and conditions of this Agreement and the Terms of Use, both of which you must accept before you can use your Account to play the Software Product. You agree that Hi-Rez is not transferring title to the Software Product to you and that this license shall not be considered a “sale” of the Software Product.

4. LICENSE RESTRICTIONS AND LIMITATIONS.

The limited, personal use license granted to you in Section 3 is subject to the following restrictions and limitations, as well as all other terms and conditions of this Agreement (collectively, the "License Limitations"). You agree that you will not, under any circumstances:

a. sell, sublicense, assign, rent, lease, or otherwise transfer the Software Product, except as expressly permitted by this Agreement;

b. reverse engineer, decompile, disassemble, or otherwise derive source code from the Software Product or reduce the Software Product to a human-readable form, except to the extent that such actions are expressly permitted by applicable law;

c. copy, photocopy, or reproduce the Software Product, in whole or in part; provided, however, that you may make one (1) copy of the Game Software and the User Manual for archival purposes only;

d. modify, translate, or create derivative works based on or utilizing the Software Product, Service, or Software Product experience, or any portion thereof;

e. remove or tamper with any copyright, trademark, or other proprietary notices contained in or relating to the Software Product, Service, or Game experience, or any portion thereof;

f. use cheats, automation software (bots), hacks, mods, or any other unauthorized third-party software, tools, or content designed to or capable of modifying the Software Product, the Service, the Site, the Rogue Company experience, or any portion thereof;

g. exploit the Software Product, the Service, the Rogue Company experience, or any portion thereof for any commercial purpose, including, without limitation, (i) use at a cyber cafe, PC bang, computer gaming center, or any other location-based site without the express written consent of Hi-Rez; (ii) for gathering in-game currency, items, or resources for sale outside the Software Product or inside the Software Product but outside a virtual marketplace owned and maintained by Hi-Rez; or (iii) performing in-game services in exchange for payment outside the Software Product (e.g., power-leveling and similar activities);

h. use any unauthorized third-party software that intercepts, "mines," or otherwise collects information from, within, or through the Software Product or Service, including, without limitation, any software that reads areas of RAM used by the Software Product to store information about a character, in-game items, or the Software Product environment; provided, however, that Hi-Rez may, in its sole discretion, allow the use of specified third party user interfaces and/or permit certain "data-mining" activities on a case-by-case basis;

i. modify, or allow or cause to be modified, any files that are a part of the Game Software in any way not expressly authorized by Hi-Rez in writing in each instance;

j. host, provide, or develop matchmaking services for the Software Product or Service or intercept, emulate, or redirect the communication protocols used by Hi-Rez in any way, for any purpose, including, without limitation, unauthorized play over the Internet, network play, or as part of content aggregation networks;

k. facilitate, create, or maintain any unauthorized connection to the Software Product or Service, including, without limitation, (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; or (ii) any connection using programs or tools not expressly approved by Hi-Rez in writing in each instance;

l. create any other software or content that incorporates the Software Product or Service, or any portion thereof; or

m. sell, grant a security interest in, or transfer reproductions of the Software Product to other parties in any way not expressly authorized herein, or rent, lease, or license the Software Product to others.

5. TERMS OF USE.

You must accept the Terms of Use and create an Account in order to access the Service and play the Software Product. The Terms of Use governs all aspects of gameplay. You may view the current Terms of Use here: <http://www.hirezstudios.com/legal>.

6. INTELLECTUAL PROPERTY RIGHTS.

a. The Software Product is protected by copyright laws and international copyright treaties, conventions, and other applicable law. As between you and Hi-Rez, Hi-Rez shall exclusively retain all right, title, and interest in and to the Software Product, the Service, the Site, your Account, and any and all modifications and improvements thereto and copies and derivative works thereof, including, without limitation, any Software Product content, Updates, and Documentation provided to you. The
Software Product may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this Agreement. You will not obtain any ownership rights whatsoever in your Account, the Software Product, the Service, the Site, your Account or game content, Updates, or Documentation.

b. Rogue Company and certain related names and logos are the registered trademarks or trademarks, service marks, and/or trade names of Hi-Rez. These and all other trademarks, service marks, and trade names used by or in connection with the Software Product (the “Marks”) are proprietary rights owned by Hi-Rez or its licensors.

c. As between you and Hi-Rez, you acknowledge Hi-Rez’s exclusive rights in and to the Software Product and that the Software Product is unique and original to Hi-Rez and that Hi-Rez is the exclusive owner thereof. Unless otherwise permitted by law, you shall not, at any time during or after the effective term of this Agreement, dispute or contest, directly or indirectly, Hi-Rez’s exclusive right, title, and interest in and to the Software Product or the validity thereof. You agree to promptly assign to Hi-Rez any and all rights that you may obtain in or to the Software Product arising under applicable law and you hereby appoint Hi-Rez as your attorney in fact for such purpose.

d. You may permanently transfer all of your rights and obligations under this Agreement to another person only by (i) where applicable, physically transferring the original media (e.g., the CD- ROM or DVD you purchased), all original packaging, and all User Manual(s) and Documentation distributed with the Software Product, or (ii) contacting Hi-Rez and obtaining written approval for the transfer; provided, in both instances, however, that you permanently delete all copies and installations of the Software Product in your possession or control, and that the recipient agrees to and accepts the terms of this Agreement. However, your Account with Hi-Rez is not transferable. The transferor (i.e., you), and not Hi-Rez, agrees to be solely responsible for any taxes, fees, charges, duties, withholdings, assessments, and the like, together with any interest, penalties, and additions imposed in connection with such transfer.

7. PRE-LOADED SOFTWARE.

The media on or method by which the Game Software is distributed may contain additional software and/or content for which you do not have a license (the "Locked Software"), and you agree that Hi-Rez may install the Locked Software onto your computer or applicable hardware device during the Game Software installation process. You also agree that you will not access, use, distribute, copy, or display the Locked Software, unless and until you receive from Hi-Rez (a) a license to use that Locked Software; and
(b) if and where applicable, a valid alphanumeric key with which to unlock it. If you receive a license and/or a key from Hi-Rez, you may only unlock those portions of a single copy of the Locked Software for which you received a license, and the License Limitation set forth in Section 4 shall apply. The terms of any End User License Agreement displayed after the Locked Software is unlocked will replace and supersede this Agreement, but only with regard to the Locked Software for which you receive a license. Notwithstanding anything to the contrary herein, you may make one (1) copy of the Locked Software for archival purposes only.

8. RIGHT TO MONITOR.

WHEN RUNNING, HI-REZ MAY MONITOR YOUR USE AND PLAY OF THE SOFTWARE PRODUCT AND COLLECT DATA REGARDING YOUR USE AND PLAY OF THE SOFTWARE PRODUCT IN ACCORDANCE WITH HI-REZ’S PRIVACY POLICY, A CURRENT COPY OF WHICH MAY BE
ACCESSED AT <http://www.hirezstudios.com/legal>. IN ADDITION, THE SOFTWARE PRODUCT AND ANY RELATED HI-REZ SERVICES MAY MONITOR EACH OF YOUR HARDWARE DEVICE'S RANDOM ACCESS MEMORY (RAM) FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE SOFTWARE PRODUCT. AN “UNAUTHORIZED THIRD PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE PROHIBITED BY SECTION 4. IN THE EVENT THAT THE SOFTWARE PRODUCT AND/OR ANY RELATED HI-REZ SERVICES DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, THE SOFTWARE PRODUCT OR APPLICABLE HI-REZ SERVICES MAY COMMUNICATE INFORMATION BACK TO HI-REZ, INCLUDING, WITHOUT LIMITATION, YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, THE TIME AND DATE, AND ANY OTHER RELEVANT INFORMATION; AND HI-REZ MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO YOU, INCLUDING, WITHOUT LIMITATION, TERMINATION OF THIS AGREEMENT AND YOUR RIGHT TO CONTINUE TO USE THE SOFTWARE PRODUCT.

9. TERMINATION.

This Agreement is effective until terminated. You may terminate this Agreement at any time by (a) permanently destroying all copies of the Software Product in your possession or control; (b) removing the Game Software completely from each computer or applicable hardware device on which you have installed the Software Product; and (c) notifying Hi-Rez of your intention to terminate this Agreement. Hi- Rez may terminate this Agreement at any time for any reason or no reason, with or without notice. Upon termination for any reason, all licenses granted to you in this Agreement shall immediately terminate and you must immediately and permanently destroy all copies of the Software Product in your possession and control and remove the Game Software completely from each computer or applicable hardware device on which you have installed the Software Product.

10. EXPORT CONTROLS.

The Software Product may not be re-exported, downloaded, or otherwise exported into (or to a national or resident of) any country to which the United States has embargoed goods, or to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

11. PATCHES AND UPDATES.

Hi-Rez, or its third party vendors, may deploy or provide patches, updates, and modifications to the Software Product that must be installed for you to continue to play the Software Product. Hi-Rez, or its third party vendors, may update the Software Product remotely, including, without limitation, the Game Software residing on the user’s machine, without the knowledge of the user, and you hereby grant to Hi- Rez your consent to deploy and apply such patches, updates, and modifications.

12. DURATION OF THE “ONLINE” COMPONENT OF THE GAME.

The Software Product is an "online" game that must be played over the Internet through the Service as provided by Hi-Rez. You understand and agree that the Service is provided by Hi-Rez at its discretion and may be terminated or otherwise discontinued by Hi-Rez pursuant to the Terms of Use.

13. LIMITED WARRANTY.

THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The entire risk arising out of use or performance of the Software Product and Service (including, without limitation, the Game Software, the Manual(s), and Documentation) remains with the user. However, Hi-Rez warrants that the media containing the Software Product, if applicable, will be free of defects in material and workmanship for a period of thirty (30) calendar days from the date of your purchase of the software product. In the event that such media proves to be defective during such thirty
(30) calendar day period, and upon presentation to Hi-Rez, or the retailer from whom you purchased the software product, of proof of your purchase, Hi-Rez, or the retailer will, at its sole option, (a) correct the defect in material and workmanship in the media containing the Software Product, (b) provide you with a similar product of similar value, or (c) refund the money you paid for the Software Product. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH ABOVE. EXCEPT FOR THE FOREGOING WARRANTY WITH RESPECT TO DEFECTIVE MEDIA, THE SOFTWARE PRODUCT (INCLUDING, WITHOUT LIMITATION, THE GAME SOFTWARE, THE MANUAL, AND ALL DOCUMENTATION AND CONTENT) IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. Some states do not
allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you.

14. LIMITATION OF LIABILITY; INDEMNITY.

NEITHER HI-REZ NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OR VENDORS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE SOFTWARE PRODUCT OR ANY USE OF THE SOFTWARE PRODUCT OR SERVICE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, APPLICABLE HARDWARE DEVICE FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, NEITHER HI-REZ NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OR VENDORS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS (E.G., EQUIPMENT, WEAPONS, SKINS, AUDIO PACKS, AESTHETIC FLAIR, ETC.), OR CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE SOFTWARE PRODUCT OR THE SERVICE. HI-REZ SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING, WITHOUT LIMITATION, ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL HI-REZ BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES. IN NO EVENT SHALL HI- REZ’S LIABILITY, OR THE LIABILITY OF ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OR VENDORS, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED IN THE AGGREGATE THE TOTAL FEES PAID BY YOU TO HI-REZ DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE TIME SUCH CLAIM AROSE. You hereby agree to
defend, indemnify, and hold Hi-Rez and its parent, subsidiaries, affiliates, and vendors harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including reasonable attorneys’ fees) incurred by Hi-Rez arising out of or related to your use of the Software Product or Service. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

15. EQUITABLE REMEDIES.

You hereby agree that Hi-Rez would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that Hi-Rez shall be entitled, without bond or other security or proof of damages, to appropriate equitable remedies in any court of competent jurisdiction with respect to any breach of this Agreement, which equitable remedies shall be in addition to such other remedies as Hi-Rez may otherwise have available under applicable law. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys’ fees, and other expenses incurred by such prevailing party in the litigation.

16. GOVERNING LAW; DISPUTE RESOLUTION.

a. To expedite resolution and control the cost of any dispute, controversy, or claim related to this Agreement ("Dispute"), you and Hi-Rez agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) calendar days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one party to the other. Hi-Rez will send its notice to your billing address and email you a copy to the email address you have provided to Hi-Rez. You will send your notice to Hi-Rez Studios, Inc., 3750 Brookside Parkway, Suite 200, Alpharetta, Georgia 30022, Attention: Legal Department, or to such other address or person as Hi-Rez may hereafter direct.

b. If you and Hi-Rez are unable to resolve a Dispute through informal negotiations, either you or Hi-Rez may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA') and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website <www.adr.org>. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Hi-Rez may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

c. You and Hi-Rez agree that any arbitration shall be limited to the Dispute between Hi- Rez and you individually. To the fullest extent permitted by law, (i) no arbitration shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

d. You and Hi-Rez agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (i) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Hi-Rez’s intellectual property rights; (ii) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for injunctive relief.

e. Any arbitration shall be initiated in the County of Fulton, State of Georgia, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Fulton, State of Georgia, United States of America, and you and Hi-Rez agree to submit to the personal jurisdiction of that court.

f. Except as otherwise set forth herein, this Agreement shall be governed by, and will be construed under, the Laws of the United States of America and the laws of the State of Georgia, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For customers who purchased a license to the Software Product in, and are a resident of, Canada, Australia, Singapore, or New Zealand, other laws may apply if you choose not to agree to arbitrate as set forth above; provided, however, that such laws shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. If you purchased your license to the Software Product in New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 ("New Zealand Act") may apply to the Software Product and/or the Service as supplied by Hi-Rez to you. If the New Zealand Act applies, then notwithstanding any other provision in this Agreement, you may have rights or remedies as set out in the New Zealand Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this Agreement. Those who choose to access the Service from locations outside of the United States, Canada, Australia, Singapore, or New Zealand do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.

g. You and Hi-Rez agree that if any portion of this Section 16 is found illegal or unenforceable (except any portion of Section 16(d)) that portion shall be severed and the remainder of the applicable section(s) shall be given full force and effect. If Section 16(d) is found to be illegal or unenforceable then neither you nor Hi-Rez will elect to arbitrate any Dispute falling within that portion of Section 16(d) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of Fulton, State of Georgia, United States of America, and you and Hi-Rez agree to submit to the personal jurisdiction of that court.

17. MISCELLANEOUS.

This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements; provided, however, that this Agreement shall coexist with, and shall not supersede, the Terms of Use. To the extent that the provisions of this Agreement conflict with the provisions of the Terms of Use, the conflicting provisions in the Terms of Use shall govern. The provisions of Sections 4, 6, 8, 10 and 13 through 18 shall survive the termination of this Agreement for any reason. Subject to Section 16(g), if any provision of this Agreement is found to be unenforceable, that provision shall be severed and the remainder of the Agreement shall be given full force and effect.

=====================================================

Hi-Rez Studios® Terms of Service and Use Agreement
Last updated on July 12, 2018.

1. Terms of Agreement.
IMPORTANT LEGAL NOTICE! PLEASE READ THE FOLLOWING TERMS OF SERVICE AND USE AGREEMENT CAREFULLY. THIS TERMS OF SERVICE AND USE AGREEMENT (THE “AGREEMENT”) IS BETWEEN YOU (“YOU”) AND HI-REZ STUDIOS, INC. (“HI-REZ”).
IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE SITE (AS DEFINED BELOW), ACCESS THE SERVICE (AS DEFINED BELOW), CREATE AN ACCOUNT (AS DEFINED BELOW), OR ACTIVATE THE SOFTWARE PRODUCT (AS DEFINED BELOW).
BY USING THE SITE, ACCESSING THE SERVICE, CREATING AN ACCOUNT, OR ACTIVATING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU ACCESS THE SERVICE, CREATE AN ACCOUNT, OR ACTIVATE THE SOFTWARE PRODUCT, YOU REPRESENT AND WARRANT TO HI-REZ THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AGREE TO IT, AND THAT YOU ARE AT LEAST EIGHTEEN YEARS OF AGE (EVEN IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN AUTHORIZED USER WHO IS AT LEAST THIRTEEN YEARS OF AGE).
This Agreement governs the relationship between Hi-Rez and you (and any authorized user of your Account) with respect to your or such authorized user’s use of the Site or Hi-Rez’s online game services (the “Service”), which Service may be used in connection with personal, noncommercial play of the downloadable version of the applicable software game (the “Software Product”) and your use of the following web sites operated by Hi-Rez and such other web sites established by Hi-Rez or its subsidiaries from time to time and which reference this Agreement (collectively, the “Site”):
http://www.hirez.com
http://www.hirezstudios.com
http://account.hirezstudios.com
http://www.globalagendaalpha.com
http://www.globalagendagame.com
http://www.agentsvelves.com
http://www.tribesuniverse.com
http://www.tribesascend.com
http://www.smitegame.com
http://esports.smitegame.com
http://www.paladins.com
http://www.paladinsstrike.com
http://www.jetpackfighter.com
http://www.smitetactics.com
http://www.handofthegods.com
http://www.gamevidexpo.com
http://www.botsmashers.com
http://www.realmroyale.com
YOUR USE OF THE SITE AND ANY PURCHASE AND USE OF PRODUCTS AND SERVICES (INCLUDING, WITHOUT LIMITATION, THE SOFTWARE PRODUCT) (COLLECTIVELY, “PRODUCTS”) THROUGH THE SITE OR SERVICE IS GOVERNED BY THIS AGREEMENT, WHICH SUPPLEMENTS THE APPLICABLE END USER LICENSE AGREEMENT(S) FOR ANY AND ALL PRODUCTS AND SERVICES (INCLUDING GAMES) THAT YOU USE OR ACCESS, HI-REZ STUDIOSPRIVACY POLICY, ANY APPLICABLE AND ADDITIONAL SITE TERMS OF USE AND ANY SOFTWARE PRODUCT RULES OF CONDUCT (ALL OF WHICH ARE INCORPORATED INTO THIS AGREEMENT). IF YOU DOWNLOAD OTHER SOFTWARE FROM THE SITE OR IN CONNECTION WITH THE SERVICE, YOUR USE OF SUCH SOFTWARE WILL ALSO BE GOVERNED BY THE APPLICABLE END USER LICENSE AGREEMENT PRESENTED TO YOU ON DOWNLOAD OR INSTALLATION OF SUCH SOFTWARE.
We reserve the right at any time to:
Change the terms and conditions of this Agreement, the End User License Agreement, the Privacy Policy, any applicable and additional Site Terms of Use, and the Software Rules of Conduct;
Change the Site, Software Product, other Products, or the Service, including, without limitation, modifying, eliminating or discontinuing any content or feature thereof; or
Change any fees or charges for use of the Service.
Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Service or Site. We indicate at the top of the page when this Agreement was last updated. Your continued use of the Site, Service or any Product following such changes will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. Upon our request, you agree to sign a non-electronic version of this Agreement.
Hi-Rez reserves the right to deny, in its sole discretion, your access to your Account, the Service or the Site without notice, for any or for no reason (including, without limitation, for violation of this Agreement). Hi-Rez may change, modify, suspend, or discontinue any aspect of the Service or the Site at any time. Hi-Rez may also impose limits on certain features or restrict your access to all or portions of the Service or Site without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Service or Site or any Products offered in connection with or through the Service or Site.
2. Description of Service.

Hi-Rez offers the Software Product as a massively multiplayer, online fantasy role-playing game service and also offers subscription based services and fee-based additional features including, without limitation, name changes and other features accessible through the Service or Site. Some of the content, features and/or services offered through the Service or Site are fee-based and have limited use based on time elapsed (hours, days, etc.) as set forth at the time of purchase. Hi-Rez reserves the right to change the URL addresses of the Site at any time.

3. Limited Use License.
If you successfully establish an Account with Hi-Rez and lawfully purchase a license to use, and activate, the Software Product, Hi-Rez grants you a non-exclusive, revocable, nontransferable license to use the Service solely for your own non-commercial entertainment purposes, and a non-exclusive, revocable, nontransferable license to use the Software Product in connection with the Service solely for your own non-commercial entertainment purposes, so long as you maintain an authorized and fully-paid Account and subject to your full compliance with the terms and conditions of this Agreement. You may not use the Service or Software Product for any other purpose, or in connection with any other software or content.

4. License Restrictions and Limitations.
If you are granted a limited, personal use license in accordance with Section 3 above, such limited, personal use license is subject to the following restrictions and limitations as well as all other terms and conditions of this Agreement (collectively, the “License Limitations”). You agree that you will not, under any circumstances:
(a) sell, sublicense, assign, rent, lease or sell your Account or password or otherwise authorize third persons to access your Account or use your password;
(b) modify, translate or create derivative works based on or utilizing the Software Product, Service or Site, or any portion thereof;
(c) remove or tamper with any copyright or other proprietary notices contained in or relating to the Software Product, Service or Site, or any portion thereof;
(d) use cheats, automation software (bots), hacks, mods or any unauthorized third-party technology, software, tools or content designed to modify the Software Product, the Service or Site;
(e) exploit the Software Product, the Service, the Site, or any portion thereof, for any commercial purpose, including without limitation, (i) use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of Hi-Rez; (ii) for gathering in-game currency, items or resources for sale outside the Software Product, Service or Site; or (c) performing in-game services in exchange for payment outside the Software Product, Service or Site (e.g., power-leveling and similar activities);
(f) use any unauthorized third-party software that intercepts, “mines”, or otherwise collects information from, within or through the Software Product, Service or Site, including without limitation, any software that reads areas of RAM used by the Software Product, Service or Site to store information about a character, in-game item or the Software Product, Service or Site environment; provided, however, that Hi-Rez may, in its sole discretion, allow the use of specified third party user interfaces;
(g) modify, or allow or cause to be modified, any files that are a part of the Software Product, Service or Site in any way not expressly authorized by Hi-Rez in writing in each instance;
(h) host, provide or develop matchmaking services for the Software Product, Service or Site or intercept, emulate or redirect the communication protocols used by Hi-Rez in any way, for any purpose, including without limitation, unauthorized play over the Internet, network play, or as part of content aggregation networks;
(i) facilitate, create or maintain any unauthorized connection to the Software Product, Service or Site, including without limitation, (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Software Product, Service or Site; or (ii) any connection using programs or tools not expressly approved by Hi-Rez in writing in each instance;
(j) create any other software or content that incorporates the Software Product, Service or Site, or any portion thereof;
(k) sell, grant a security interest in or transfer reproductions of the Software Product, Service or Site to other parties in any way not expressly authorized herein, or rent, lease or license the Software Product or Service, or your Account, to others;
(l) violate any applicable law, rule or regulation in connection with your use of or access to the Software Product, Service or Site; or
(m) disrupt or assist in the disruption of any computer or network used to host, maintain, support or provide the Software Product, Service or Site, or the game experience of any other player of the Software Product or user of the Service.

5. Accounts.

In order to be a registered user of the Service and the Software Product, you must have or establish an account with Hi-Rez (“Account”) and complete Hi-Rez’s online registration process. Hi-Rez does not provide Internet access, and you are responsible for all fees associated with your Internet connection. By accepting this Agreement and completing the Account registration process, you represent that you are an adult 18 years of age or older. If you are under the age of 18, you must have the consent of a parent or guardian who is willing to provide their identity and details upon request. Only one person may use an Account. The registered user of an Account may use the Account or may choose instead to permit a child of the registered user who is at least thirteen (13) years of age to use the Account. You are liable for all activities conducted through your Account, and parents or guardians are liable for all activities of their minor child conducted through the Account. To create an Account, you must select a login name and password. Your login name is your Hi-Rez online identity. You may not use a login name that is used by someone else, and your login name cannot be vulgar or otherwise offensive, or be used in any way that violates this Agreement, applicable law or another person’s proprietary rights. You must provide truthful and accurate information in creating your Account. You are solely responsible for maintaining the confidentiality and security of your login name, password and Account. You should not reveal your Account information to anyone else or use anyone else’s Account. You agree to immediately notify Hi-Rez of any unauthorized use of your Account or any other breach of security of which you are aware. Hi-Rez shall not be responsible for any damages, losses or expenses arising out of the unauthorized use of your Account and you agree to indemnify and hold Hi-Rez harmless for any improper or illegal use of your Account. This includes, without limitation, any illegal or improper use by someone to whom you have given permission to use your Account. Your Account is at risk if you let someone use it inappropriately, and your Account is subject to termination if you or anyone using your Account violates this Agreement. If your Account is terminated, you may not join the Service again without our express prior written permission. By agreeing to this Agreement, you agree that you license through this and other agreements, and do not own, either the Account you use to access the Service, the characters, avatars or digital items created through the Account or any additional materials, features or content accessed or purchased through the Account or Site. Those persons who have complete the required steps to establish and maintain their Account in good standing are sometimes referred to in this Agreement as “Members.”

6. Your Information.

The personal information you submit to Hi-Rez or Hi-Rez collects in connection with your use of the Site or the Service is subject to Hi-Rez’s Privacy Policy at http://www.hirezstudios.com/legal, which is expressly made part of this Agreement. If you have not already read Hi-Rez’s Privacy Policy, you should do so now. If you establish an Account or access the Service, (a) you agree to provide accurate, current and complete information required to register with the Service and establish an Account, and at other points as may be required in the course of using the Service or Products (collectively “Registration Data”), and (b) you agree that Hi-Rez may, whether itself or through third party providers, store and use the Registration Data you provide (such as credit card information) in connection with the Service, including without limitation, for use in maintaining your Account, all as more fully provided in the Privacy Policy.

7. Online Content.
You understand that by accessing the Site or using the Service or Products, you may encounter content that may be deemed mature, offensive, indecent or objectionable, which content may or may not be identified as having explicit language or adult themes, and which may be due to the content or your interactions with other users in the course of accessing the Site, or using the Service or Products. You agree that your access and use of the Site, and if applicable to you, your access and use of the Service and Products, is at your sole risk and that Hi-Rez shall have no liability to you for content that may be found to be mature, offensive, indecent or objectionable. Most Product descriptions contain the applicable Entertainment Software Ratings Board rating, if any, and it is your responsibility to be sure that you understand the rating for any Product prior to purchase. The Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement carefully with your parent or legal guardian to make sure that you and your parent or legal guardian understand, and agree to be bound by, this Agreement before purchasing any Product through the Service or Site. Hi-Rez does not endorse, approve, or prescreen any content that you or other users post or communicate on the Service or Site. To the maximum extent permitted by applicable law, Hi-Rez does not assume any responsibility or liability for content that is generated by Members or other guests on or through the Service or Site. We reserve the right to remove any content that is objectionable to us for any reason. This determination is in our sole discretion, and is final. Hi-Rez does not assume any liability for any failure to remove, or any delay in removing, any content. If we have removed content that you created, we may send you a warning. If it is a serious offense or you have violated this Agreement before, we may ban you from participating in the Service and terminate your Account. You also acknowledge that the time that you spend on the Service or Site is solely for entertainment purposes, and that no value can be attributed to such time. In particular (but without limitation), you understand that no value can be attributed to the time that you may spend accumulating digital items or objects or developing content.

8. Digital Rights Management and Usage Rules.

You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service, Site or any Product. You understand that the Service and Products purchased through the Service may include a security framework using third party digital rights management technology (“DRM”) that protects digital information and limits your use of the Service or Products to certain usage rules established by Hi-Rez and/or its third party licensors or providers (“Usage Rules”). The DRM may be an inseparable part of a Product, or a separate software component installed directly to a different section of your hard drive when installing such Product. By purchasing any Product through the Service or Site you are consenting to any such installation and continued presence of the DRM on your computer and agreeing to its operation related to the Usage Rules. Such operation may involve the communication between your computer and the systems involved in regulating the Usage Rules. These Usage Rules may limit, among other things, the number of machines on which each Product may be activated or your ability to make copies of each Product. The DRM technology is licensed or provided to Hi-Rez by third parties, and Hi-Rez shall have no responsibility or liability to you for any issues you experience due to such DRM technology. The Usage Rules are subject to change at any time and Hi-Rez makes no promises regarding your ongoing ability to activate Products. You agree to comply with such Usage Rules, and to not attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. If you live in a jurisdiction in which any of the foregoing activities may not be prohibited by applicable law, you agree to notify Hi-Rez prior to engaging in any such activity, and Hi-Rez will have the right to terminate this Agreement effective immediately upon notice. Usage Rules may be controlled and monitored by Hi-Rez and/or its third party licensors or providers for compliance purposes, and Hi-Rez reserves the right, for and on behalf of itself and such third parties, to enforce the Usage Rules with or without notice to you.

9. Product Requirements.

Use of the Site, Service and Products requires a compatible computer, Internet access (fees may apply), and certain software (fees may apply), and use of the Service and Products may require obtaining patches, updates or upgrades from time to time. Because use of the Site, Service and Products involves hardware, software, and Internet access (high speed Internet access is strongly recommended), your ability to use the Site, Service and Products may be affected by these factors. You are responsible for being aware of any particular system requirements for any Product and for your ability to meet such requirements, which may change from time to time. Applicable system requirements at the time of purchase can be found at http://www.hirezstudios.com/legal. Certain Products may also require you to register for an account with a third party (which may require an initial and/or ongoing fee) or to install third party software and content in connection with their use. Hi-Rez does not assume any responsibility or liability for any such fee, account or third party software or content.

10. Payment and Delivery.

If you purchase Products from Hi-Rez, the following terms and conditions shall apply.
Pricing and Sales Tax; VAT. Your total price will include the price of the Product plus any applicable sales, value added taxes or use taxes in effect at the time of purchase, and based on the bill to address. Hi-Rez reserves the right to change prices and availability of Products at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering. Hi-Rez is not responsible for typographic errors in connection with the Service. If a price is materially incorrect when you place an order for a Product, you will be entitled to a refund of the difference. You will not be entitled to any refund for price drops or promotional offerings occurring after the time of your purchase. Failure on Hi-Rez’s part to invoice you for any applicable sales, value added taxes, use taxes, or other taxes does not relieve you of the liability to pay such taxes, and you must pay to the applicable taxing authority any such taxes which may be due as a result of your purchase through the Site or Service.
Orders. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Hi-Rez reserves the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verification or information before accepting any order.
Payment for Products. The Service accepts as forms of payment major credit cards and debit cards that display the MasterCard, Visa, American Express or Discover logos, PayPal, and such other payment providers, if any, as may be indicated on the purchase page. If a credit card is being used for a purchase, Hi-Rez, through its third party provider, obtains a pm-approval from the credit card company for the amount of the order. You agree to pay for all Products you purchase through the Site or Service, and that Hi-Rez may charge your chosen payment method (such as credit card or PayPal) for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING HI-REZ WITH VALID PAYMENT METHOD INFORMATION FOR PAYMENT OF ALL FEES. All fees will be billed to the payment method you designate during the checkout process. Hi-Rez may pre- populate your payment method and related fields, and you will be responsible for verifying any information in such fields or for changing the payment method designated. Billing to your selected payment method occurs at the time of purchase. If you use the services of an alternate payment method provider such as PayPal, you will be bound by that party’s terms and conditions, which are available on that party’s website. You also may be required to create an account with such payment method provider and to provide that payment method provider with your credit card or other details. If you want to designate a different payment method or credit card or if there is a change in status of your payment method, you must change your information online on the “my account” page of the Service. Hi-Rez reserves the right to change the payment methods offered at any time.
Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TO PAY FOR SUCH PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SITE OR THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION, NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
Delivery of Products. On occasion, technical problems may delay, interrupt or prevent the download or activation of your Product. Your exclusive and sole remedy with respect to any Product that is not downloadable or able to be activated within a reasonable period will be either replacement of such Product, store credit or refund of the purchase price paid for such Product, as determined by Hi-Rez. Hi-Rez shall have no liability for issues encountered with downloading, activating or using Products due to factors beyond its control, including your computer’s performance and the speed of your Internet connection. In some cases, certain Products may be “pre-ordered,” meaning you will have the opportunity to purchase such Product prior to its release, such that you will have the right to such Product upon its release. You understand that in some instances Product release dates may be delayed and that release dates and times posted on the Service or Site are only estimates, and you will not be entitled to any refund for a delayed release date. For such pre-orders, a portion or all of the Product software may be downloaded onto your computer prior to the release date, though the Product cannot be activated or played until the release date. Hi-Rez may provide you with the option to have such Product software automatically loaded to your computer, and by choosing such option you consent to Hi-Rez’s monitoring your computer’s latency for the purpose of effecting such download. Our obligation to deliver any Product to you shall be complete at the time when and place where you first receive the information necessary to commence download of such Product. In all circumstances it is your responsibility to ensure that the Product is correctly and completely installed on your computer. Once a Product is purchased and you receive the Product, it is your responsibility to keep the Product from being misplaced, damaged or destroyed, and Hi-Rez shall be without liability to you in the event of any loss, damage or destruction. Hi-Rez encourages all its users to appropriately back up the Product files and any other elements associated with the Products (such as key information).
No Ongoing Obligations. Notwithstanding any other provision of this Agreement, Hi-Rez and its licensors reserve the right, without liability to you, to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of or sold through the Service or Site at any time without notice. You acknowledge that some aspects of the Service, Site and Products, and administering of the Usage Rules, entails the ongoing involvement of Hi-Rez. Accordingly, in the event that Hi-Rez changes any part of the Service or discontinues the Service, which Hi-Rez may do at its election, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that Hi-Rez shall have no liability to you in such case. You understand that nothing in this Agreement entitles you to any future updates, versions or enhancements to any Product (although Hi-Rez may offer such updates, versions or enhancements in its sole discretion). The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.

11. Customer Assistance With Orders and Refunds.
If you purchase Products, the following terms and conditions shall apply.
Assistance with Customer Orders. For assistance with inquires as to your order or for other billing questions, please refer to our support page located at https://account.hirezstudios.com/support/default.aspx.
Refund Policy. Please note that certain terms, conditions and restrictions apply to the sale of a Product on-line through the Service that might not otherwise apply to the sale of physical goods. No refunds will be issued if your computer does not meet the minimum Product requirements or due to your dissatisfaction with the Product. If you feel you qualify for a refund please refer to our support page located at https://account.hirezstudios.com/support/default.aspx.
Refunds or credits may be issued solely in Hi-Rez’s discretion. Refunds may be offered with respect to sales of the Product by Hi-Rez on-line or through the Service only if each of the following conditions is met:

1. The Product has NOT been activated;
2. The Product activation key has NOT been disclosed to you by email, webpage or otherwise;
3. Your request for a refund or credit is made within 48 hours from the time you purchase the Product; and
4. Hi-Rez finds your request to be reasonable due to special circumstances.
NO REFUNDS OR CREDITS WILL BE OFFERED WHERE THE PRODUCT KEY HAS BEEN SENT BY EMAIL, WEBPAGE OR OTHERWISE, OR IF THE GAME HAS BEEN ACTIVATED. ALL SUCH SALES ARE FINAL.
EU Customers. If you reside in the European Union and you purchase the Product, the Consumer Protection (Distance Selling) Regulations 2000, as amended, may apply to you and may provide you with the right to withdraw from your purchase of the Product within fourteen (14) calendar days, commencing on the date after you purchase the Product (the “Withdrawal Period’). You will lose any such right of withdrawal if you begin downloading the Product or if Hi-Rez begins the performance of services (including the activation of the Product or the provision of an activation key to you) prior to the end of the Withdrawal Period. Our services will commence immediately after you have received a purchase confirmation email. To withdraw from your purchase of the Product during the Withdrawal Period, please refer to our support page located at https://www.hirezstudios.com/legal. Upon withdrawal during the Withdrawal Period in accordance with this policy, we will provide you with a refund for your purchase.

12. Online Rules of Conduct.

Online conduct should be guided by common sense and basic etiquette. The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior on or through the Site or Service. You must also obey rules for use of third party tools, products and services, and rules of interactive service providers, and state, local and federal laws, or foreign or international laws where appropriate. Ignorance of the law is no excuse. We will terminate your Account and use of the Service and cooperate with law enforcement in the event of illegal behavior.
You agree that you will be personally responsible for your use of your Account and the Service and for all of your communications and activities on the Site, including, without limitation, any content that you contribute, and that you will indemnify and hold harmless Hi-Rez, its affiliates, vendors and licensors, and their employees, officers, directors and agents from any liability, damages and expenses (including, without limitation, reasonable attorneys’ fees) arising from your conduct on the Sit or through the Service, including, without limitation, any content that you contribute.
The following list of prohibited conduct is for illustrative purposes only and is a non-exhaustive list of potential violations of this Agreement. You will be deemed to have violated this Agreement if you (or others using your Account) do any of the following:
Post, transmit, promote, or distribute content that is illegal.
Harass, threaten, embarrass, or do anything else to another Member or guest that is unwanted. This means: do not say bad things about them, do not keep sending them unwanted messages, do not attack their race, sexual orientation, religion, heritage, etc. If you disagree with someone, respond to the subject, not the person.
Transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable. Hate speech is not tolerated.
Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting in an attempt to disturb other users, “spamming” or flooding (such as posting repetitive text).
Impersonate another person (including, without limitation, celebrities), indicate that you are a Hi-Rez employee or a representative of Hi-Rez, or attempt to mislead users by indicating that you represent Hi-Rez or any of Hi-Rez’s affiliates, vendors or licensors.
Attempt to get a password, other account information, or other private information from a Member or any other user of the Site or Service. Don’t give your password, reminder words or billing information out to other persons.
Upload any software or content that you do not own or have permission to freely distribute.
Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
Upload files that contain a virus or corrupted data.
Post messages for any purpose other than personal communication, including without limitation, advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of our Site, Service or Products.
Improperly use game support or complaint buttons or make false reports to Hi-Rez staff members.
Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
Post or communicate any player’s real-world personal information through the Site or within the Service or on any Site or Service bulletin board, forum or chatroom.
Attempt to interfere with, hack into or decipher any transmissions to or from the servers running the Service.
Exploit any bug in the Site or Service or in any Product to gain unfair advantage in game play or communicate the existence of any such bug (either directly or through public posting) to any other user of the Site, Service or Product.
Attempt to play the Software Product on or through any service that is not controlled or authorized by Hi-Rez or participate in any online service that provides online features or game play for the Software Product that is not authorized by Hi-Rez.
The foregoing lists of prohibited conduct and restrictions on use are referred to herein, collectively, as “Rules of Conduct”. If you encounter another user of the Service who is violating any of the Rules of Conduct described above, please report them by sending in a ticket via our support portal at http://www.hirezstudios.com/submit-support-ticket/.

13. Public Nature of Communications.

You acknowledge and agree that your communications with other users via chats, conferences, bulletin boards, and any other avenues of communication on the Site or through the Service are public and not private communications, and that you have no expectation of privacy concerning your use of this Service or the Site. You acknowledge that personal information that you communicate on the Site or through the Service may be seen and used by others and result in unsolicited communications. Therefore, we strongly encourage you not to disclose any personal information about yourself in your public communications on the Site or through the Service. Hi-Rez is not responsible for information that you choose to communicate to other users of the Site or Service, or for the actions of other users. Once you post or send any content to Hi-Rez, you expressly grant Hi-Rez a perpetual, irrevocable, assignable, transferable right and license to quote, re-post, use, reproduce, modify, create derivative works of, distribute, transmit, broadcast and otherwise communicate, and publicly display and perform, the content in any form, anywhere, for any legitimate business purpose in Hi-Rez’s discretion (with or without attribution to you or your screen name), and without any notice or compensation to you of any kind, and you hereby grant all consents, rights and clearances to enable Hi-Rez to use such content for such purposes. You waive, and agree not to assert, any moral or similar rights you may have in such content.

14. Commercial Activity and Unsolicited E-mail.

You may not advertise any goods or services on or through the Site or Service. Chain letters and pyramid schemes are not allowed. You may not use any area of the Service or Site to collect information, including, without limitation, login names or other personal information about Hi-Rez’s Members, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not exploit the Site, Products or Service for any commercial purpose. Any violation of these provisions can subject your Account to immediate termination (or result in revocation of guest status, if you are a guest) and further legal action.

15. Use of Machines, Computers, Scripts.

The use by you, or anyone authorized by you, of machines, computers, scripts or any automated system on the Site or through the Service is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the United States Code and/or under applicable laws in other jurisdictions. You may only play the Software Product with one type, version or copy of browsing software application at any one time. Hi-Rez may terminate and permanently disqualify any Member who, in its sole discretion, determines is in violation of, or has violated, this Agreement. All decisions by Hi-Rez are final.

16. Proprietary Rights; Copyrights and Trademarks.

(a) Much of the content available on the Site or Service is owned by Hi-Rez or our third-party licensors, and is protected by copyrights, trademarks and other intellectual property rights. You shall not copy or download any content from the Site or Service unless we have expressly authorized you to do so.
(b) You must have the legal right to upload any content to the Site or Service before you do so. You shall not copy, transmit, modify, distribute, show in public or in private, modify or create any derivative works from the content you find on the Site or Service, unless Hi-Rez expressly authorizes you to do so in advance and in writing. Making unauthorized copies of any content found on the Site or Service can lead to the termination of your Account (or revocation of guest status, if you are a guest) and may subject you to further legal action. Similarly, other content owners may take criminal or civil action against you. You agree to indemnify and hold harmless Hi-Rez and its affiliates, vendors and licensors, and their employees, officers, directors and agents from any and all damages, liabilities and expenses (including, without limitation, reasonable attorneys’ fees) based upon, or arising out of, any such action.
(c) Hi-Rez respects the intellectual property rights of others. You may not upload or post on the Site or Service any content protected by copyright, trademark or other intellectual property rights (the “Intellectual Property Rights”) unless (i) you are the owner of the Intellectual Property Rights; or (ii) you have the prior written consent of the owner(s) of the Intellectual Property Rights to make such use of the applicable content. You hereby represent and warrant to Hi-Rez that you own all necessary and required right, title and interest in and to any and all content that you post or upload to Site or Service sufficient to allow for such posting or uploading (as applicable) and sufficient to grant the rights and licenses granted by you to Hi-Rez pursuant to this Agreement. Hi-Rez may, without prior notice to you, remove from the Site or Service any content that Hi-Rez, in its sole discretion, believes may infringe upon, or otherwise violate, the Intellectual Property Rights of a third party. If you infringe or violate a third party’s Intellectual Property Rights, Hi-Rez may immediately terminate your Account without prior notice to you. If your Account is terminated, no refund will be granted, and you will lose access to everything associated with your Account (including, without limitation, points, characters and virtual items and property).
(d) If you are a copyright owner and you believe that any content posted on the Site or Service infringes your rights, you may submit a written notification to us.

17. Export Control Laws.

You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or Products (including, without limitation, the Software Product) subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Site or Service any data, software or content that cannot be exported without prior written government authorization, including, without limitation, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.

18. User’s Computer Information.

When you connect to the Service, we may retrieve information from the computer used to log onto the Service about the computer’s hardware system and any data related to the computer’s operation of the Products. We will only collect personal information about you in accordance with the terms of our Privacy Policy.

19. Links to Third-Party Web Sites.

The Service or Site may include hypertext links to web sites operated by parties other than Hi-Rez including, without limitation, advertisers and other content and service providers. Those web sites may collect data or solicit personal information from you. Hi-Rez does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those web sites may collect.

20. Patches.

From time to time, Hi-Rez may provide you with updates or modifications to the Software Product (“Patches”). You understand that in order to continue using the Software Product and the Service, you must accept and install all Patches that you receive from Hi-Rez.

21. Beta Tests.

You may be given the opportunity to beta test new games and web site features. Your participation as a beta tester shall be subject to the terms and conditions of the applicable beta test agreement that you enter into with Hi-Rez prior to accessing such new games and/or features, as applicable.

22. Newsletters, Contests and Sweepstakes.

By subscribing to our newsletter(s), subscribers understand they may be automatically entered into future contests and sweepstakes for subscribers as long as they meet the applicable eligibility requirements, and also agree to all rules and conditions of those contests and sweepstakes.

23. Termination.
If you are a just a browser of the Site, this Agreement applies to your use of the Site. If you purchase a Product or access the Service, this Agreement is effective until terminated. If you have purchased a Product and set up an Account, you may terminate this Agreement at any time by (a) terminating your Account, (b) removing each Product from the hard drive of each computer on which you have installed the Product; and (c) notifying Hi-Rez of your intention to terminate this Agreement. In the event you terminate this Agreement or Hi-Rez terminates this Agreement for your breach, you forfeit all rights to any and all payments you have made in respect of your Account and or for access to or use of the Service. You expressly waive and relinquish any right to a refund of amounts paid or pre-paid by you or on your behalf prior to any such termination. Hi-Rez may terminate this Agreement at any time for any reason or for no reason, with or without notice.

24. Warranty Disclaimer.

THE SITE, SERVICE AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HI-REZ DOES NOT WARRANT THAT THE SITE, SERVICE OR PRODUCTS WILL BE UN-INTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SERVICE OR PRODUCTS ARE FREE OF VIRUSES OR OTHER HARMFUL CODE OR COMPONENTS. The entire risk arising out of use or performance of the Site, Service and Products remains with you.

25. Limitation of Liability, Indemnity.

IN NO EVENT SHALL HI-REZ OR ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS OR VENDORS BE LIABLE IN ANY WAY TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF YOUR USE OF THE SITE, SERVICE OR ANY PRODUCT, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, IN NO EVENT SHALL HI-REZ OR ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS OR VENDORS BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS (E.G., SUITS, WEAPONS, FLAIR, DYES, ETC.) OR CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE SITE OR SERVICE. HI-REZ SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION, ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL HI-REZ BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES. IN NO EVENT SHALL HI-REZ’S LIABILITY, OR THE LIABILITY OF ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS OR VENDORS, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED IN THE AGGREGATE THE TOTAL FEES PAID BY YOU TO HI-REZ DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE TIME SUCH CLAIM AROSE. You hereby agree to defend, indemnify and hold Hi-Rez and its parent, subsidiaries, affiliates, licensors and vendors harmless from and against any claim, liability, loss, injury, damage, cost or expense (including reasonable attorneys’ fees) incurred by Hi-Rez arising out of or related to your use of the Site, Service or any Product. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

26. Equitable Remedies.

You hereby agree that Hi-Rez would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that Hi-Rez shall be entitled, without bond or other security or proof of damages, to appropriate equitable remedies in any court of competent jurisdiction with respect to any breach of this Agreement, which equitable remedies shall be in addition to such other remedies as Hi-Rez may otherwise have available under applicable law.

27. Governing Law; Dispute Resolution.

(a) To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Hi-Rez agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one party to the other. Hi-Rez will send its notice to your billing address and email you a copy to the email address you have provided to Hi-Rez. You will send your notice to Hi-Rez Studios, Inc., 3905 Brookside Pkwy, Alpharetta, GA, attn: Account Management Department, or to such other address or person as Hi-Rez may hereafter direct.
(b) If you and Hi-Rez are unable to resolve a Dispute through informal negotiations, either you or Hi-Rez may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Hi-Rez may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
(c) You and Hi-Rez agree that any arbitration shall be limited to the Dispute between Hi-Rez and you individually. To the fullest extent permitted by law, (i) no arbitration shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
(d) You and Hi-Rez agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (i) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Hi-Rez’s intellectual property rights; (ii) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for injunctive relief.
(e) Any arbitration shall be initiated in the County of Fulton, State of Georgia, United States of America. Any Dispute not subject to arbitration, or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Fulton, State of Georgia, United States of America, and you and Hi-Rez agree to submit to the personal jurisdiction of that court.
(f) Except as otherwise set forth herein, this Agreement shall be governed by, and will be construed under, the laws of the United States of America and the laws of the State of Georgia, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For our customers who access the Service from, and are residents of, Canada, Australia, Singapore or New Zealand, other laws may apply if you choose not to agree to arbitrate as set forth above; provided, however, that such laws shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. If you access the Service from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 (“Act”) may apply to the Service as supplied by Hi-Rez to you. If the Act applies, then notwithstanding any other provision in this Agreement, you may have rights or remedies as set out in the Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this Agreement. Those who choose to access the Service from locations outside of the United States, Canada, Australia, Singapore, or New Zealand do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.
(g) You and Hi-Rez agree that if any portion of this Section 27 is found illegal or unenforceable (except any portion of 27(d)) that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 27(d) is found to be illegal or unenforceable then neither you nor Hi-Rez will elect to arbitrate any Dispute falling within that portion of Section 27(d) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of Fulton, State of Georgia, United States of America, and you and Hi-Rez agree to submit to the personal jurisdiction of that court.

28. Miscellaneous.
This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. The provisions of Sections 4, 7, 10, 13, 14, 16, 17, 19, 22, 24, 25, 26, 27 and 28 shall survive the termination of this Agreement for any reason. If any provision of this Agreement is found to be unenforceable, that provision shall be severed and the remainder of the Agreement shall be given full force and effect.