404 Below, you’ll find legal documentation for all Wargaming.net products & services.
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Effective date: 10 April 2024.
SECTION “GOVERNING LAW AND JURISDICTION” OF THIS EULA CONTAINS DISPUTE RESOLUTION PROVISIONS THAT REQUIRE ARBITRATION OF ANY AND ALL DISPUTES THAT MAY ARISE BETWEEN US, AND RESTRICTS EITHER PARTY’S RIGHT TO PURSUE RELIEF ON A CLASSWIDE OR REPRESENTATIVE BASIS, OR THROUGH A CONSOLIDATION OF CLAIMS. IT DOES NOT APPLY TO CONSUMERS THAT LIVE IN THE EUROPEAN UNION, THE UNITED KINGDOM, OR QUEBEC (CANADA).
This End User License Agreement (or “EULA”) governs the relationship between you (“user” or “you”) and Wargaming Group Limited, a limited liability company registered by the Department of Registrar of Companies and Intellectual Property of the Republic of Cyprus under the number HE290868 at 105 Agion Omologiton Avenue, 1080 Nicosia, Republic of Cyprus or any one of its affiliated entities (“Wargaming” or “we”) in relation to any of our games, websites, applications, and other software products (“Products”).
2.1. By accepting this EULA, you represent and warrant that you are an individual over the age of eighteen (or other age of majority in your country of residence). If you are under the age of majority, you must ask your parent or guardian to read and accept this EULA on your behalf before you use our Products. You may not use or access our Products if you (or your parent or guardian) do not agree to this EULA.
2.2. If you permit your minor child or legal ward to use the Products, you agree to this EULA on behalf of them and yourself. You understand and agree that you are responsible for all uses of the Products by your child or legal ward and that you have the same duty of care as in your own matters. You agree that you will not knowingly allow any individual under the age of majority to use or access the Products without a parent or legal guardian supervising him or her.
2.3. If you are a resident of the United States, you must be at least 13 years of age to use our Products. Otherwise, you are not granted a license to use or access the Products. You agree that you will not knowingly allow any individual under the age of 13 to use or access our Products.
3.1. From time to time, we may need to amend this EULA for serious reasons, for example to reflect new features and functionalities in the Products, to enhance security of our users, or to comply with changes in law.
3.2. We will notify you of the changes via e-mail or on other durable medium no later than 30 calendar days before such changes come into force. In the notification, we will inform you about the changes, your right to object, the notice period and the legal consequences of a failure to object. We will also communicate to you the text of the updated EULA. Where permitted by law, we reserve the right to send such notice via other commonly used notification mechanisms (for example, in-game pop-up message or a message in the account management section) reasonably in advance.
3.3. We will obtain your consent where required by law. Otherwise, you shall be deemed to have accepted the changes unless you have notified us of your objection to such changes within thirty (30) calendar days from the moment of receiving the notification from us.
3.4. In case you object to any changes, the previous version of the EULA shall continue to apply. However, in that case we may close your Account and terminate this EULA with 14 calendar days’ notice. Also, if you disagree with the changes, you can terminate the EULA by deleting your Account using the “Account Deletion” tool in your Account Management here and, for console Products, here and here.
3.5. The latest version of this EULA will always be available on this website or at other address that we will communicate to you. If you are a California resident, you may have this EULA mailed to you electronically by sending a letter to our Player Support with your electronic mail address and a request for this EULA. Changes to this EULA shall not affect your accrued rights and shall not have retroactive effect.
Creating an Account
4.1. You need to create a Wargaming account to use all features of our Products. A Wargaming account is a collection of data associated with a particular individual that is required for his or her use of the Products, including authentication (authorisation), access to settings, statistics and other information, and use of Paid Items (the “Account”).
4.2. To create an Account, you must have a valid and non-disposable e-mail address and will be required to provide certain information about you. You must provide this information truthfully and accurately and keep it up to date, so that we have correct details about you and your Account. If expressly permitted in the Product, you may also create an Account and log in through a third-party system.
4.3. When creating an Account, you will be required to provide an in-game name (“Nickname”) to represent you in our Products. Your Nickname cannot be transferred to another person, and you may not use a Nickname that is used by someone else. However, we may allow other players to use your Nickname if your Account is deleted.
4.4. To use our Products on third-party platforms, you need to have a separate account on those platforms. Also, you must comply with the terms and conditions set by those third-party platforms.
4.5. If expressly permitted by Wargaming, a “demo account” is possible in certain Products. In this case, you will not receive a separate Nickname or password and the authorization for such Product is made through the specific technical device (mobile phone, tablet, etc.) that you use. However, you are strongly advised to set up a standard Account in accordance with the above provisions. If a “demo account” is used, your progress in a Product may be lost in case you lose access to your technical device or its software is modified.
No Account Sharing or Account Transfer
4.6. Your Account is personal to you and must not be shared, transferred, or traded with any other person. At no time should you disclose your password and other login credentials to anyone. This includes your friends, children, spouses, co-workers, clan members, and/or clan leaders.
4.7. If you share or transfer your Account, you may be responsible for the conduct and actions of third parties using your Account, including for all violations of this EULA. We reserve the right to suspend access to your Account or to close your Account and terminate this EULA in accordance with sections 19.4-19.9 “Suspension or Termination by Wargaming” of this EULA if we discover Account sharing or transfer.
Security of Your Account
4.8. You must ensure that you secure your Account, computer, mobile phone or other device on which you use our Products from third party access. Please notify us immediately if you become aware of:
4.9. We have implemented physical, electronic, and managerial procedures to help safeguard and prevent unauthorised access, use, alteration, modification and/or disclosure of your Account information. We will have no liability to you for any loss or damage arising from any unauthorised use of your Account or any unauthorised access, use, alteration, modification and/or disclosure of your personal data to the extent it arises from your culpable omissions or negligent conduct. We reserve the right to suspend access to your Account if we discover Account hacking. If you believe that we have suspended access to your Account in error, please contact our Player Support.
Deletion of Inactive Accounts
4.10. We may delete your Account if your Account is inactive. Your Account is inactive if you have not logged in your Account for a consecutive period of ten (10) years. We will inform you at least forty-five (45) days before we delete your Account and you will have the possibility to prevent your Account from being deleted by logging into your Account and restoring your Account until the date set out in the information about the planned deletion. When we delete your Account, your personal data will be deleted or anonymized. For more information on how we delete your data, please see our Privacy Policy.
5.1. The Products contain a lot of content that includes, without limitation, software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, e-mails, music, sound, graphics, pictures or video materials, as well as the design and appearance of our Products (“Content“). The Content is protected by intellectual property laws including but not limited to applicable copyright legislation. You agree that we own or license all of this proprietary information and material and that you may not use or exploit any of it without our permission.
5.2. In return for your acceptance of this EULA, we give you the personal right (known as a “license”) during the time this EULA is in force between you and us to download, install and use the Products as permitted in this EULA.
This license is:
5.3. Unless and to the extent that we have expressly authorised you in writing, you must not:
5.4. Wargaming will do its best to make the Content available to you as a part of your enjoyment of the Products, subject to some additional conditions detailed below to ensure efficient running of the Products:
5.5. “World of Tanks”, “World of Tanks Blitz”, “World of Tanks: Modern Armor”, “World of Warplanes”, “World of Warships”, “World of Warships Blitz”, “World of Warships Legends”, “Blitz”, “Bowling Crew”, “WOT”, “WOWS”, “Wargaming.net”, “Wargaming.net Lets Battle”, “Wargaming” and their respective logos are trademarks or registered trademarks of Wargaming. You may not use or display these and other trademarks of Wargaming in any manner, except as expressly set out in this EULA. All third-party trademarks and service marks that appear in the Products are the property of their respective owners and all rights in them are reserved.
5.6. Our Products may contain certain content, characters, music, or other elements that are licensed to Wargaming by third-party licensors. Any unauthorized use, reproduction, or distribution of such third-party content is strictly prohibited.
5.7. Our Products are not licensed, endorsed, and/or affiliated with any branch of Federal, State, and/or sovereign government, or any military branch or service thereof, throughout the world. All trademarks and trademark rights pertaining to tanks, warplanes, warships, and other vehicles are proprietary to the respective rights holders.
6.1. “User Generated Content” (or “UGC”) means any content that you publish, upload or make available via our Products (directly or with our assistance).
6.2. UGC includes but is not limited to Nicknames, forum posts, chat posts, voice chat, messenger type features, profile content, gameplay, artworks, screenshots, music, sounds, recordings, fan art, let’s play and gameplay videos, modifications, and other types of works.
6.3. You own any rights that you may have in your own original content that forms part of the UGC. Your rights in the UGC do not extend to any of our Products or any part of the UGC which is comprised by or incorporates any of our Products.
6.4 You grant us a royalty-free, worldwide, non-exclusive, permanent, irrevocable, and freely sub-licensable license to use, reproduce, modify, create and use derivative works from, exploit, distribute, transmit, perform, translate, host, make available and communicate your UGC on our Products and any platform, including third-party platforms, relevant to our Products for the purpose of the operation, distribution, incorporation into, and promotion of our Products for the entire duration of the intellectual property rights, from the moment the UGC is published, uploaded or made available via our Products. You acknowledge that the purpose of this license includes making your UGC available to other users and that we may need to modify your UGC for this purpose.
6.5. In relation to any User Generated Content which you create or wish to make available to other users, you agree to and comply with the following terms:
6.6. You understand and accept that we will not make available to you any content which was provided or created by you during the use of our Products if:
6.7. If your UGC is based on our intellectual property, it also qualifies as Player Content and therefore must comply with our Player Content Policy in addition to this section 6. For the avoidance of doubt, you always grant Wargaming a license to your UGC in accordance with section 6.4 of this EULA and not in accordance with the Player Content Policy (even if your UGC qualifies as Player Content).
7.1. We are always pleased to hear from our users and welcome specific comments about our Products. Unfortunately, however, our long-standing company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those we have specifically requested. The aim of this policy is to avoid the possibility of future misunderstandings when projects that we develop might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative suggestions, ideas, notes, drawings, concepts or other information such as game ideas or original artwork (“Submissions“).
7.2. Any and all Submissions that you send to us, whether at our specific request or notwithstanding our request that you do not do so, shall be deemed, and shall remain, our property to the maximum extent permitted by applicable law from the time of uploading or transmission.
8.1 DMCA Notification. Wargaming responds to copyright notifications submitted under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). To submit a notice of claimed copyright infringement under U.S. law, provide our designated agent with the following written information:
Our designated agent is:
Copyright Compliance Department
Wargaming (USA) Inc.
1209 Orange Street
Wilmington, DE 19801
Phone: 1-408-340-3359
Email: dmca@wargaming.net
You can obtain further information from the Copyright Office’s online directory at www.dmca.copyright.gov/osp. We will respond to notifications of claimed copyright infringement in accordance with the DMCA.
8.2 Counter Notification. If you believe that your material has been removed in error in response to a copyright notification, you may submit a counter notification to our designated agent with the following written information:
We will respond to counter notifications in accordance with the DMCA.
9.1. Some Products may permit you to order virtual items, in-game currency, premium membership, or other content or services (“Paid Items”). If you decide to order any such Paid Items, you must ensure that:
9.2. The following rules apply to Paid Items:
9.3. If you receive content, services, achievements, or Paid Items free of charge, at a lower price or without performing the actions that are normally required for receipt (i) due to a technical error (a bug), you must report this to Wargaming immediately; or (ii) due to hacking, fraud or other illegal actions, you must report this to Wargaming immediately and pay for such Paid Items to the extent already consumed. Wargaming may delete such Paid Items and achievements and, if you have already consumed the Paid Items, to block access to your Account until you reimburse the full price of the corresponding Paid Items.
9.4. THIS SECTION 9.4 APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND THAT ALL RIGHTS IN AND TO YOUR ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF WARGAMING. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CLAIM, RIGHT, TITLE, OWNERSHIP, OR OTHER PROPRIETARY INTEREST IN THE PAID ITEMS THAT YOU UNLOCK OR ACCUMULATE, REGARDLESS OF ANY CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR SUCH PAID ITEMS. FURTHERMORE, WARGAMING SHALL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, HACKING, OR ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE GAME CONTENT OR PAID ITEMS, INCLUDING THE DELETION OF GAME CONTENT OR PAID ITEMS UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT. YOUR RIGHT OF WITHDRAWAL UNDER SECTION 10, RIGHT TO REIMBURSEMENT UNDER SECTION 13.5, AND OTHER CONSUMER GUARANTEES SET OUT IN THIS EULA OR CONTAINED IN APPLICABLE LAW REMAIN UNAFFECTED BY THIS SECTION 9.4.
9.5. In addition to the rules set out in sections 9.1-9.4 above, the following rules apply to Subscriptions:
Subscription Rules
Definition. Price and Conditions
9.5.1. Certain Products may permit you to order Paid Items subject to automatic billing of your selected payment method at pre-determined time intervals (“Subscriptions”).
9.5.2. The Paid Items that you may subscribe to, the initial period of the Subscription, the price of the Subscription, the time intervals at which your payment method will be billed, and other details of the Subscription shall be clearly specified in the Subscription interface before you subscribe.
Price Changes
9.5.3. Wargaming reserves the right to adjust the Subscription price to reflect the factors that influence the cost of the Subscription (“Subscription Price Change“). Examples of such factors are production and licensing costs, costs for technical provision and distribution, support services and other additional services that can be accessed and used via independent platforms, web applications and social networks, as well as costs of sales (e.g. billing and payment, marketing, public relations), general administrative and other overhead costs (e.g. rent, interest and other financing costs, costs for personnel, service providers and services, IT systems, energy), as well as government-imposed fees, contributions, taxes and duties.
9.5.4. Wargaming shall notify you of a Subscription Price Change at least 30 calendar days in advance. Such notification shall be sent to you via e-mail or on other durable medium. Where permitted by law, we reserve the right to send such notice via other commonly used notification mechanisms (for example, in-game pop-up message or a message in the account management section) reasonably in advance. The notification shall contain the new Subscription price and an explanation of the main factors contributing to the Subscription Price Change as well as instructions and a possibility to easily terminate the Subscription (e.g. a link to unsubscribe). We will obtain your consent to the Subscription Price Change where required by law. Otherwise, you shall be deemed to have accepted the Subscription Price Change unless you have unsubscribed before the new price is effective.
The Right to Terminate Subscription
9.5.5. You may terminate your Subscription at any time with effect from the next Billing Period. Your statutory right to extraordinary termination for good cause remain unaffected.
9.5.6. You can terminate your Subscription by logging in to your Account and pressing an “Unsubscribe” button (or a similar conspicuously named button) on the same webpage where you purchased the Subscription or by following a different process specified for a particular Subscription. Where required by applicable law, Wargaming provides a mechanism for terminating Subscriptions without logging in to your Account.
9.5.7. Wargaming may terminate your Subscription at any time with at least 2 (two) calendar days’ notice, subject to a proportionate refund of any unused Subscription time. Wargaming may also terminate the Subscription immediately for good cause, in particular if the user fails to pay the Subscription Price or if the extraordinary termination is justified taking into account mutual interest (for example, if Wargaming suspends the user’s Account or closes the user’s access to a game or the games in which the Subscription is active in accordance with sections 19.4-19.9 “Suspension or Termination by Wargaming” of this EULA).
Failure to Pay
9.5.8. If the Subscription Price is not paid due to the user’s fault, Wargaming may temporarily suspend the Subscription until the payment is made. The Subscription shall not expire, but shall be paused, except for the cases when Wargaming terminates the subscription in accordance with section 9.5.7 of these Rules. Any further legal claims and/or claims of Wargaming arising from the EULA shall remain unaffected.
Rules in Case of Suspension and Closure of Access
9.5.9. If you breach the EULA and Wargaming suspends your access to a game (games) or the Account in accordance with sections 19.4-19.9 “Suspension or Termination by Wargaming” of this EULA, the Subscription will continue to run, and the Subscription time that expires during the suspension will not be refunded.
9.5.10. If you breach the EULA and Wargaming permanently closes your access to a game (games) or the Account in accordance with sections 19.4-19.9 “Suspension or Termination by Wargaming” of this EULA, Wargaming will terminate your Subscription in the respective game (games) and the unused Subscription time will not be refunded.
9.6. If you reside in the United States, your payment may be processed by a payment services provider for Wargaming Group Limited through its subsidiary Wargaming (USA), Inc. (a Delaware corporation registered at 1209 Orange Street, Wilmington DE USA 19801).
9.7. IF YOU ARE USING OUR PRODUCTS ON EXTERNAL PLATFORMS, THE CHARGING AND BILLING IN SUCH PRODUCTS ARE SUBJECT TO RULES OF THOSE PLATFORMS, NOT OF WARGAMING. WARGAMING DISCLAIMS ANY LIABILITY OF ANY NATURE FOR SUCH EXTERNAL PLATFORMS’ ACTIONS.
9.8. When using PlayStation™Network Products and Services, the following rules apply, depending on the territory:
9.9. If your issuing bank offers automatic account updater services (Visa Account Updater, Mastercard Automatic Billing Updater, or similar), these services may automatically update your payment card details in our acquirers’ systems when they change without any action on your part. If you do not want to have your card details automatically updated, please contact your issuing bank.
You have a right to withdraw from your Contract with us if you reside in certain countries mentioned below:
Member States of the European Union; United Kingdom
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from any Contract within 14 calendar days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the Contract. To exercise the right of withdrawal, you must inform us,
Wargaming Group Limited
105 Agion Omologiton Avenue
1080 Nicosia
Republic of Cyprus
wf@wargaming.net
+357 22 864444
https://wargaming.net/support/,
of your decision to withdraw from the Contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the model withdrawal form, but it is not obligatory. You can also fill out and submit the model withdrawal form or another clear statement electronically on our website https://eu.wargaming.net/support/kb/articles/600. If you make use of this option, we will send you confirmation of receipt of such withdrawal without delay (e.g. by e-mail).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from the Contract, we shall reimburse to you all payments received from you under this Contract, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 calendar days from the day on which we are informed about your decision to withdraw from this Contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you have communicated us of the exercise of the right of withdrawal from that Contract, in comparison with the full coverage of these services under the Contract.
Important:
You lose your right of withdrawal after the Paid Items have been fully supplied and if the supply has begun with your prior express consent, and with the acknowledgement that you will lose your right of withdrawal once the Paid Items have been fully supplied by us.
You lose your right of withdrawal insofar as the Contract comprises the supply of Paid Items which are not supplied on a tangible medium if the supply has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal.
Based on the aforesaid you understand that by purchasing Paid Items, you consent that we make available these Paid Items to you directly after we have accepted your order. You will lose your right of withdrawal once the Paid Items have been made fully available to you by us. However, your right of withdrawal is not lost if you order Paid Items that are granted to you for a certain period of time (e.g. time-limited premium memberships).
Please note that due to technical limitations we cannot warrant that payments made by you via a specific payment method will be reimbursed to you via that same payment method. You agree that reimbursements for such payments can be facilitated by us via another, common means of payment, e.g. via transfer of money to your bank account, in case reimbursements via these payment methods are technically impossible. In any case, you will not incur any fees as a result of such reimbursement.
South Korea
If you reside in South Korea, [click here] to read about your right of withdrawal.
11.1. The applicable laws of your country of residence may include rights to replacements, refunds, compensation, or other remedies to which you may be entitled and that cannot be excluded, restricted or modified by an agreement between us (“Consumer Guarantees”). Nothing in this EULA is intended to have or has the effect of excluding, restricting or modifying any Consumer Guarantees contained in the applicable law of your country of residence.
11.2. You are entitled to the following specific consumer rights information if you reside in the countries mentioned below:
Czech Republic
11.2.1.-11.2.5. If you reside in Czech Republic, [click here] to read specific consumer rights information that you are entitled to.
Australia and New Zealand
11.2.6. Nothing in this EULA is intended to have or has the effect of excluding, restricting or modifying any Consumer Guarantee contained in the following laws:
– Division 1 of Part 3-2 of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) (Cth); or
– New Zealand Consumer Guarantees Act 1993.
South Korea
11.2.7-11.2.9. If you reside in South Korea, [click here] to read specific consumer rights information that you are entitled to.
CALIFORNIA
11.2.10. California Consumer Rights and Notices. Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
12.1. The following actions are prohibited while using any of our Products:
(collectively, “Code of Conduct“).
12.2. Please follow the Code of Conduct carefully since failure will be considered a material breach of this EULA, which could lead to restrictions on your access to our Products or your Account under sections 19.4-19.9 “Suspension or Termination by Wargaming” of this EULA.
12.3. Wargaming may provide explanations and examples of how the Code of Conduct applies to a particular situation or Product depending on its nature and functionalities.
12.3.1. Explanations of how the Code of Conduct applies to particular games are set out at the following links:
12.3.2. Explanations of how the Code of Conduct applies to clans are set out at the following links:
12.3.3. Explanations of how the fair play principle is applied are set out at the following links:
12.3.4. Explanations about Player Content are set out at the following link:
12.3.5. Wargaming may add, amend, and delete such explanations in future. In case of any discrepancies, this EULA shall prevail.
13.1. From time to time, we may need to deploy or provide patches, updates, additional Content or other modifications (each, a “Change”) to the Products. We do so to maintain conformity of the Products or for other important operational reasons, e.g. to adapt the Products to a new technical environment or to an increased number of users, enhance online gameplay, add, update, or remove features, resolve software bugs.
13.2. You hereby accept, recognize and understand that we may further develop, improve, patch, update, change, limit the Products, its graphics, features, gameplay and any Paid Items, including beyond what is necessary to maintain the Paid Items in conformity for other important operational reasons as described in section 13.1 above.
13.3. Changes include so called “nerfs or buffs” to Paid Items, including the Paid Items that you have already acquired. We will do that only if permitted by law and in accordance with the process required by law, especially only if there is a valid and reasonable cause for example as described in section 13.1 or expiry of rights of use acquired by Wargaming.
13.4. Wargaming will do its best to make Content and Products available to you. However, you acknowledge and accept that Content and Products may have a limited lifecycle or that we may no longer be able to provide Content or Product(s) for business reasons or due to legal, technical, or other objective reasons. If we decide to stop providing Content or Product(s), we will inform you 180 calendar days in advance and we will comply with our legal obligations to you. If we have to stop providing Content or Product(s) for legal, technical, or other objective reasons, we will inform you in advance (unless immediate removal of Content or Product(s) is required) and we assume no liability except for the cases where such Content removal or Product closure is due to our fault or if otherwise required by the applicable law.
13.5. IF YOU RESIDE IN THE EUROPEAN UNION, THE FOLLOWING RULES APPLY IN ADDITION:
13.5.1. For any upcoming Changes to Paid Items, if a Change has a negative impact on your access to Paid Items, we will inform you immediately about the Change, the characteristics and time of occurrence. If the impact of an upcoming Change is not minor, we undertake to inform you on a durable medium in a clear and comprehensible manner:
– of such Changes before or simultaneously with the upcoming Change; and
– the features and time of the Change; and
– of your right to terminate free of charge the relevant Contract which is affected by the Change, within 30 calendar days from receipt of such information or from the time when the Paid Items have been modified by us, whichever is later.
13.5.2. If you decide to terminate the Contract in accordance with section 13.5.1 above:
– Upon receiving a statement from you expressing your decision to terminate, we will reimburse you without undue delay, and in any event not later than 14 calendar days from such notice, the proportionate part of the order corresponding to the period of time during which the Paid Item was not in conformity and any part of the amount paid by you in advance for any period that would have remained had you decided not to terminate; and
– After the termination of the Contract, you undertake to refrain from using the Paid Items and/or from making it available to third parties.
13.5.3. We will carry out such reimbursement using the same means of payment that you used. However, due to technical limitations we cannot warrant that payments made by you via a specific payment method will be reimbursed to you via that same payment method, in which case you agree that reimbursements for such payments can be facilitated by us via another, common means of payment, e.g. via transfer of money to your bank account, in case reimbursements via that same payment method that you have used are technically impossible. In any case, you will not incur any fees because of such reimbursement.
13.6. IF YOU RESIDE IN SOUTH KOREA, THE FOLLOWING RULES APPLY:
If you reside in South Korea, [click here] to read the “Patches, Updates, and Changes” rules that apply to you.
You need certain minimum hardware and software capability (including a suitable connection to the Internet) to use the Products. The technical requirements for each Product are set out in the Product’s description. Please make sure you meet such technical requirements before installing/using the Products. Any supported operating system must be updated to its latest version to guarantee the proper functioning of our Products. The graphics quality in the Products may differ depending on your settings, hardware capabilities, and Internet connection.
15.1. We may give you the opportunity to test new Content and Products as a tester during an alpha, beta, or other type of closed test (“Tester”). Your participation as a Tester is closed (not open to all users) and will be subject to the following additional terms and conditions.
15.2. Closed tests are confidential. The tested Content and Products, including information about features and functionality to be offered as part of such Products, are confidential. If you participate in a closed test, you must safeguard and prevent unauthorized access to, copying, disclosure, and unauthorized use of the tested Content and Products. You will carry out the testing personally and not provide access to the tested Content and Products to any other person. Your obligation to keep all tested Content and Products and such product information confidential will survive until we publicly distribute, or otherwise disclose to the public through no fault of yours, the Content and Products that you are testing.
15.3. As a Tester, you are invited to use the tested Content and Products for the sole purpose of evaluating such Content and Products and identifying errors, without granting you any rights or privileges of any kind with respect to the tested Content and Products. The tested Content and Products are provided free of charge for testing on an “as is” basis and we make no warranty to you of any kind, express or implied.
15.4. During the test, you may accumulate content, services, experience points, or other value or status indicators. You agree that we may reset this data when the relevant Content or Product completes this testing phase or at any time during the testing process. In this case, all user history and data will be erased and each user will return to novice status.
15.5. We have no obligation to make tested Content or Product available for play without charge for any period of time, nor to make them available at all. The tested Content or Product may be available only for payment once the testing process is complete or at any time in the future.
15.6. You will continue to be bound by this EULA during your use of the tested Content or Product during the testing phase.
Certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns in everyday life. Such people may have a seizure while watching certain monitor images or playing certain video games. This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, consult your doctor prior to playing. We advise that parents should monitor the use of video games by their children. If you or your child experience any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement or convulsion, while playing a video game, IMMEDIATELY discontinue use of the video game and consult your doctor. Please also note that when using a video game you should take certain standard health and safety precautions, including avoiding playing the game when tired or fatigued, taking 10 to 15 minute breaks every hour, sitting a reasonable distance from the screen, and playing the game in a well-lit environment.
This section 17 applies to the maximum extent permitted by applicable law.
If YOU RESIDE IN A EUROPEAN UNION MEMBER STATE:
17.1. If Products are nonconforming, you may, if the conditions are met, (i) demand supplementary performance, (ii) as the case may be, withdraw from or terminate the Contract or reduce the price, and, subject to the applicable law, (iii) claim damages or reimbursement of futile expenses with the exception of Products that are offered by us free of charge.
17.2. We shall be liable for damages and personal harm resulting from the absence of a warranted characteristic or due to gross negligence or intent on our part, our representatives, employees or agents.
17.3. In addition, we shall be liable in the event of slightly negligent breaches of material contractual obligations, but limited in amount to the damage typically foreseeable. Material contractual obligations are, in the abstract, obligations the fulfilment of which makes the proper performance of a contract possible in the first place and on the fulfilment of which the contracting parties may regularly rely.
17.4. If German law applies to you
– We are also liable for breach of a guarantee and in accordance with the German Product Liability Act (“Produkthaftungsgesetz”); and
– For the Products which are offered by us free of charge, we are only liable for damages caused intentionally or with gross negligence or for personal harm.
17.5. And further liability of us is hereby excluded to the maximum extent permitted by applicable law.
If YOU RESIDE IN AUSTRALIA OR NEW ZEALAND:
17.6. We warrant that we have the right to enter the EULA and to grant you the licenses to use the Content.
17.7. Except for and subject to any applicable Consumer Guarantees referred to in section 11 of this EULA and to the maximum extent permitted by law, we exclude any:
– term, condition, warranty, representation, guarantee or undertaking that may otherwise be implied into this EULA by legislation, common law, equity, trade, custom or usage; and
– liability for any losses, liabilities, damages, costs, charges or expenses, whether direct or indirect, you suffer or incur in connection with the Products, whether in contract, tort (including negligence), statute or otherwise, other than injuries to health, body or life or for intentional damages directly caused by us, our representatives, employees or our vicarious agents in providing the Products.
If YOU RESIDE IN ANOTHER COUNTRY:
17.8. Indemnity. You agree that you are responsible for your use of the Products, and you agree to defend, indemnify, and hold harmless Wargaming and its affiliates, and their officers, directors, employees, consultants, and agents (collectively, the “Wargaming Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Products; (ii) your violation of this EULA or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your Submissions; (v) your use of Third Party Services; (vi) any misrepresentation by you or (vii) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim. You will not in any event settle any claim without our prior written consent. This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Products.
17.9. DISCLAIMERS. NO WARRANTIES. EXCEPT AS OTHERWISE SET FORTH HEREIN, THE PRODUCTS, GAMES, ANCILLARY SERVICES AND ALL CONTENT AVAILABLE THROUGH THE PRODUCTS ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE WARGAMING ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS, IMPLIED OR OTHERWISE, RELATING TO THE PRODUCTS AND ALL CONTENT AVAILABLE THROUGH THE PRODUCTS, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING, USAGE, OR TRADE. THE WARGAMING ENTITIES DO NOT WARRANT THAT THE PRODUCTS OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE PRODUCTS, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
YOU UNDERSTAND AND AGREE THAT YOU USE THE PRODUCTS AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE PRODUCTS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE PRODUCTS) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE PRODUCTS OR THE DOWNLOAD OR USE OF ANY GAMES, MATERIALS OR CONTENT.
17.10. LIMITATION OF LIABILITY. IN NO EVENT WILL THE WARGAMING ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR COST OF PROCURING SUBSTITUTE GOODS OR PRODUCTS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PRODUCTS OR ANY GAMES, MATERIALS OR CONTENT ON OR THROUGH THE PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE WARGAMING ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE WARGAMING ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE PRODUCTS (INCLUDING ANY GAMES, MATERIALS OR CONTENT AVAILABLE THROUGH THE PRODUCTS) OR OTHERWISE UNDER THIS EULA, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO WARGAMING IN THE 12 MONTHS PRIOR TO THE CLAIM FOR ACCESS TO AND USE OF THE SPECIFIC PRODUCTS OR GAME FROM WHICH THE CLAIM AROSE OR (ii) $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THIS EULA THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS EULA BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS EULA. THE LIMITATIONS IN THIS SECTION 17.10 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
The Products may include content from and hyperlinks to web sites, locations, platforms and services operated and owned by third parties including advertisers and other content providers (“Third Party Services”). We may also integrate third party technologies into our Products, host our content, and advertise our Products on Third Party Services. Those Third Party Services may collect data or solicit personal information from you. We do not own, control or operate such Third Party Services, and are not responsible for their information, content, privacy policies, or for the collection, use or disclosure of any information those Third Party Services may collect. If you choose to access, transact with, or otherwise interact with any such Third Party Services, you do so at your own risk. For more information on Third Party Services, please see our Privacy Policy.
Termination for Cause
19.1. Our and your legal rights to delete your Account and terminate this EULA for cause remain unaffected.
If you reside in the EU or the UK and a termination for cause is prompted by a breach of a contractual obligation under this EULA from our side, you are entitled to (i) a refund for any payments made by you for premium in-game currency that at the time of termination has not been used by you in exchange for other Paid Items; and (ii) a pro-rata refund of payments for any premium membership active for your Account at the time of termination. Other than that, you will not be entitled to any refunds except as set forth in this EULA or required under the applicable law, including your Consumer Rights.
Your right to delete your Account and terminate this EULA without cause
19.2. You may terminate this EULA without cause at any time by deleting your Account using the “Account Deletion” tool in your Account Management here and, for console Products, here and here.
19.3. Any Paid Items that you ordered from us is directly linked to the existence of your Account. If you decide to delete your Account and terminate this EULA without cause, you will lose any Paid Items accessible from that Account at the time of the termination. You will not be entitled to any refunds. This section does not limit your statutory right of withdrawal in the EU and the UK under section 10 above.
Suspension or termination by Wargaming
19.4. If you are in breach of this EULA, then we may, depending on the seriousness of the breach, take some or all of the following actions:
19.5. If the breach of this EULA is your first breach, if it is not serious, if it is capable of cure, and if the circumstances allow us to do so, then we give you a prior written notice of the impending Account suspension or closure to give you an opportunity to cure the breach.
19.6. We will permanently close your access to your Account or delete your Account in serious circumstances where we consider that a temporary suspension is not sufficient. For example, this might include a serious or repeated breach of this EULA.
19.7. If we suspend your access or delete your Account due to your breach of this EULA, you will not be entitled to any refunds, unless otherwise required by applicable law. This section does not limit your statutory right of withdrawal under section 10 above.
19.8. We reserve the right to suspend or block your access to Product features, Products, or the entire Account If there is a serious reason to suspect fraud until we complete an investigation and confirm that no fraud has occurred.
19.9. If you believe that we have suspended access or deleted your Account in error, please contact our Player Support.
This section 20 applies to the maximum extent permitted by applicable law.
If YOU RESIDE IN A EUROPEAN UNION MEMBER STATE OR IN THE UNITED KINGDOM:
20.1. The law of the Republic of Cyprus shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws rules. If you are a consumer habitually resident in the EU, you also enjoy protection of the mandatory provisions of the law of your country of residence. The non-exclusive jurisdiction of the court of Cyprus is agreed. This means that you may bring an action to enforce your consumer protection rights in connection with this EULA either in Cyprus or in your country of residence. If you reside in Germany, German law shall apply and the jurisdiction of the courts of Germany is agreed (this means that you may bring an action to enforce your consumer protection rights in connection with this EULA in Germany).
20.2. In case of any disputes relating to the interpretation, performance or validity of this EULA, an amicable solution will be sought before any legal action, unless otherwise required by the laws of your country of residence.
20.3. If you reside in the EU (also in Norway, Iceland or Liechtenstein), you may address the European Commission through its Online Dispute Resolution (ODR) platform for EU consumers: https://ec.europa.eu/consumers/odr/. We however do not participate in this platform. In addition, you have the right to contact out-of-court dispute resolution bodies in your country of residence in case of a dispute with us based on the consumer protection law.
IF YOU RESIDE IN THE UNITED STATES OR BRING A CLAIM AGAINST WARGAMING IN THE UNITED STATES:
20.4. Governing Law
This EULA and any dispute, claim or obligation (whether contractual or non-contractual) arising out of or in connection with it or its subject matter or formation shall be governed by laws of the State of California, USA, without regard to the conflict of laws principles thereof. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Wargaming agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Alameda County, California, USA for the purpose of litigating all such disputes.
20.5. Dispute Resolution and Arbitration.
20.5.1. Generally. In the interest of resolving disputes between you and Wargaming in the most expedient and cost effective manner, you and Wargaming agree that any and all disputes arising in connection with this EULA shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can generally award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to, any and all claims, whether past, present or future, arising out of or relating to any aspect of this EULA or any other services, programs, marketing, advertising solicitations or conduct relating to our relationship, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of this EULA. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS EULA, YOU AND WARGAMING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
20.5.2. Exceptions. Notwithstanding subsection 20.5.1, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local authorities charged by law with the enforcement of such actions, or (iii) to file suit in a court of law to address intellectual property infringement claims.
20.5.3. Arbitrator. Any arbitration between you and Wargaming will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules“) of the American Arbitration Association (“AAA“), as modified by this EULA, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org or by contacting Wargaming.
20.5.4. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice“). Wargaming’s address for Notice is: Wargaming Group Limited, 105, Agion Omologiton Avenue, Nicosia 1080, Cyprus. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand“). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Wargaming may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Wargaming shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, Wargaming shall pay you (i) the amount awarded by the arbitrator, if any, (ii) the last written settlement amount offered by Wargaming in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.00, whichever is greater.
20.5.5. Fees and Location. In the event that you commence arbitration in accordance with this EULA, Wargaming will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place in the county (or parish) of your billing address, provided that if the claim is for $50,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Wargaming for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
20.5.6. No Class or Similar Proceedings. YOU AND WARGAMING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Wargaming agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
20.5.7. Governing Law. The Dispute Resolution and Arbitration provision set forth in this section 20.5 is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), and not Federal or state rules of civil procedure or evidence or any state laws that pertain specifically to arbitration. The arbitrator is bound by the terms of the Dispute Resolution and Arbitration Provision. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA, applicable statutes of limitation and applicable privilege rules, and, subject to any applicable limits thereon, shall be authorized to award all remedies available in an individual lawsuit under applicable substantive law, including compensatory, statutory and punitive damages (which shall be governed by the constitutional standards applicable in judicial proceedings), declaratory, injunctive and other equitable relief, and attorneys’ fees and costs.
If YOU RESIDE IN AUSTRALIA OR NEW ZEALAND:
20.6. Governing (Applicable) Law and Jurisdiction
20.6.1. This EULA and any dispute, claim or obligation (whether contractual or non-contractual) arising out of or in connection with it or its subject matter or formation shall be governed by the laws of Australia if you reside in Australia or by the laws of New Zealand if you reside in New Zealand.
20.6.2 We and you submit all the disputes to the jurisdiction of the courts of the country whose laws are applicable according to section 20.6.1 above.
20.7. Dispute Resolution and Arbitration
20.7.1. Generally. You and Wargaming agree that any and all disputes or differences whatsoever arising in connection with this EULA shall be submitted to binding arbitration in accordance with this section 20.7. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of this EULA, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of this EULA. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS EULA, YOU AND WARGAMING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.
20.7.2. Exceptions. Notwithstanding subsection 20.7.1, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable government agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
20.7.3. Arbitrator. Any arbitration between you and Wargaming will be governed by the Resolution Institute Arbitration Rules (“Arbitration Rules”) of the Resolution Institute, as modified by this EULA. The Arbitration Rules are available online at https://resolution.institute/, by calling the Resolution Institute on 1800 651 650 (Australia) or 0800 453 237 (New Zealand), or by contacting Wargaming.
20.7.4. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail (signature required), or in the event that we do not have a physical address on file for you, we may send the notice by electronic mail (“Notice“). Wargaming’s address for Notice is: Wargaming Group Limited, 105 Agion Omologiton Avenue, Nicosia 1080, Cyprus. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand“). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Wargaming may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Wargaming shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
20.7.5. Hearing. The location for any arbitration hearing will be decided by the Arbitrator in accordance with the Arbitration Rules. If the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing.
20.7.6. No Consolidated Actions. Unless both you and Wargaming agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
20.7.7. Amendments to this section. In the event that Wargaming makes any future change to this section 20.7 “Dispute Resolution and Arbitration” (other than a change to Wargaming’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Wargaming’s address for Notice, in which case your account with Wargaming shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
20.7.8. Enforceability. If subsection 20.7.1 is found to be unenforceable or if the entirety of this section 20.7 is found to be unenforceable, then the entirety of this section 20.7 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in section 20.6 shall govern any action arising out of or in connection with this EULA.
IF YOU RESIDE IN ANOTHER COUNTRY:
20.8. This EULA and any dispute, claim or obligation (whether contractual or non-contractual) arising out of or in connection with it or its subject matter or formation shall be governed by laws of your country of residence. We and you submit to the jurisdiction of the courts of your country of residence.
21.1. Severability; Interpretation; Assignment. If any provision of this EULA is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from this EULA, and the invalidity of the provision will not affect the validity or enforceability of the remainder of this EULA. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full terms. Wargaming may assign its rights and obligations under this EULA, in whole or in part, to any party at any time without any notice. This EULA may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Wargaming.
21.2. Complete Agreement; No Waiver. This EULA reflects our complete agreement regarding the Products and supersede any prior agreements, representations, warranties, assurances or discussion related to the Products. Except as expressly set forth in this EULA, (i) no failure or delay by you or Wargaming in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of this EULA will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
If you have any questions, complaints, or comments regarding this EULA or our Products or if you would like to report inappropriate or illegal content, please contact our Player Support. You can also reach out to us at 105 Agion Omologiton Avenue, 1080 Nicosia, Republic of Cyprus. When you communicate with us electronically, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.