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IF YOU ARE FROM AZERBAIJAN, ARMENIA, BELARUS, GEORGIA, KAZAKHSTAN, KYRGYZSTAN, MOLDOVA, RUSSIA, TAJIKISTAN, TURKMENISTAN, UZBEKISTAN
AND UKRAINE, A DIFFERENT LICENCE AGREEMENT APPLIES TO YOU.
PLEASE READ THE FOLLOWING END USER LICENCE AGREEMENT (“EULA”) CAREFULLY. BY ACCESSING, USING, OR AVAILING YOURSELF OF THE RESOURCES IN ANY MANNER, OR USING, REGISTERING, DOWNLOADING, OR INSTALLING THE GAMES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENCE TO USE THE RESOURCES. IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THIS EULA, YOU MAY NOT USE ANY OF THE RESOURCES.
1. Scope of this EULA
1.1. This EULA governs the relationship between you and Wargaming Group Limited, 105, Agion Omologiton Avenue, Nicosia 1080, Cyprus (“Wargaming“, “we“, “our” and “us“) in relation to:
1.2. In this EULA, we refer to the Games, Sites, and Ancillary Resources as the “Resources”.
2. Other Documents You Accept
2.2. You must comply with Wargaming rules and policies applicable to specific Games and/or other Resources (“Rules“).
2.3. You must also accept and comply with all rules of external platforms applicable to the Resources or specific Games, including but not limited to Apple Appstore and Game Center rules, Google Play rules, and Microsoft Store Terms of Sale (“Third Party Terms”). Any breach of any Third-Party Terms shall be regarded as a fundamental breach of this EULA.
2.4. If you do not want to accept this EULA, then you may not use or access any of the Resources.
3.1. You represent and warrant that you have read, understood and accepted this EULA. If you are under 18 years of age (or other minimum age required by your country of residence to be considered a legal adult and to enter into legally binding agreements), you confirm that you have your parent’s or legal guardian’s consent to access the Resources and to agree to this EULA. In this EULA, “you” means the user of the Resources or, if the user is under the age of eighteen (18), the user of the Resources and the user’s parent or guardian who accepted this EULA on the user’s behalf, and who will be responsible for the user’s compliance with this EULA.
3.2. You agree that you will not knowingly allow any individual under the age of eighteen (18) to use or access the Resources without a parent or legal guardian supervising him or her.
3.3. You must also comply with any additional age restrictions that might apply for the use of specific Resources, including without limitation age restrictions imposed by external platforms.
4. Amendments to this EULA
From time to time, we may amend, modify, or replace this EULA, for example to reflect new features of the Resources or because of changes in law. If we amend this EULA, we will notify you in advance and obtain your consent where required by applicable laws. The latest version of this EULA will always be available on Wargaming’s legal Site. Please check for updates of this EULA regularly. If you continue to use the Games and/or other Resources after a new version of this EULA takes effect, you shall be considered to have accepted the latest version of this EULA unless your consent is required by law.
5. Your Account
Creating an Account
5.1. In order to use the Resources, you may need to create an account (“Account“).
5.3 When creating an Account, you may also need to provide a ‘user name’ and/or ‘persona’ to represent you in a Game and other Resources. User names and personas are tied to your Account (meaning they cannot be transferred to anyone else). You may not use a user name or persona that is used by someone else, is vulgar or offensive, or otherwise breaches this EULA.
5.4. In certain cases, you may also log in through some third-party system, if expressly permitted in the Game.
5.5. Also, if expressly permitted by Wargaming, a “demo account” is possible in certain Games. A “demo account” is a limited account provided for demonstration purposes only. In this case, you receive no separate username or password. The authorization for the Game is made through the specific technical device (mobile phone, tablet, etc.) that you use.
5.6. However, you are strongly advised to set up a standard Account in accordance with the above provisions. Subject to any Non-Excludable Rights, if a “demo account” is used, we are not responsible for or obliged to keep your progress in the Game, ensure availability of game items and Additional Features or safety of any monetary or valuable assets in the Account. Cases when a “demo account” and all connected assets may be lost entirely include the loss of the technical device, loss of password or any unauthorised modification of the operating system of the technical device (“jailbreaking”) or of the software.
No Account Sharing
5.7. You must keep all information relating to your Account confidential. You should not disclose your Account ID or password, secret question or answer to anyone at any time. This includes your friends, children, spouses, co-workers, clan members, and/or clan leaders.
5.8. You may, under some circumstances, be responsible for the conduct and actions using your Account and for all breaches of this EULA committed by using your Account which are due to your culpable omissions or conduct as regards your Account information. We shall 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 information to the extent it arises from your culpable omissions or conduct as regards your Account information, subject to any Non-Excludable Rights.
5.9. Your Account is personal to you and cannot be transferred or traded with any other user. Any sale, purchase, lease, rent, exchange, other commercial exploitation of Accounts is prohibited.
Security of Your Account
5.10. You must ensure that you secure your Account, computer, mobile phone or other device from third party access. Please notify us immediately if you become aware of:
6. Resources and Content Licences
6.1. The software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, data, and all other elements of the Resources, as well as their design and appearance, provided by Wargaming (together, the “Content”) are protected by all relevant intellectual property and proprietary rights and applicable laws.
6.2 As between you and Wargaming, Wargaming and its licensors own the Content and all of the intellectual property rights in it. Except as expressly authorised by Wargaming, you may not make use of the Content or the Resources. Wargaming and its licensors reserve all rights in and to the Content and the Resources not expressly granted in this EULA. Any unauthorised use of the Content or Resources for any purpose is prohibited.
6.3. In return for your acceptance of this EULA, Wargaming will give you a personal right (known as a “licence”) during the time this EULA is in force between you and us to use the Resources as described in this EULA. This licence is:
6.4. Wargaming makes the Content available to you subject to the following conditions:
6.4.1 we can only make Content available to you if it is legal for you to have access to that Content in your home country;
6.4.2 you may only obtain Content from us (or from any person or third party that we authorise for this purpose) and you must not obtain Content from any other person or attempt to do so;
6.4.3 we reserve the right to refuse your request(s) to acquire Content, and we also reserve the right to limit or block any request to acquire or obtain Content at our reasonable discretion, in particular insofar as there are technical issues and/or legal restrictions e.g. under copyright law, criminal law, youth protection law etc.;
6.4.4 we do not guarantee that any Resources or Content will be available at all times, in all countries and/or all geographic locations, or at any given time or that we will continue to offer particular Content for any particular length of time (unless we expressly say otherwise as part of the Resources);
6.4.5 the Content you have access to is not returnable, exchangeable, or refundable for other Content or for cash, or other goods or services, unless otherwise provided in the present EULA or as permitted in the Resources, subject to any Non-Excludable Rights; and
6.4.6 we may change or update the Content from time to time in accordance with this EULA; and
6.4.7 we may monitor use of the Resources for a wide variety of different purposes, including preventing cheating and hacking, reducing toxic player behavior and improving the Resources.
6.5. Unless and to the extent that we have expressly authorised you in writing, you must not:
6.5.1 copy or download any Content from a Resource (except as part of the proper use or operation of that Resource);
6.5.2 reproduce, distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorised use of Content;
6.5.3 make any commercial use (i.e., for profit) of the Content;
6.5.4 harvest any information from the Resources or Content;
6.5.5 reverse engineer or modify the Resources or Content;
6.5.6 interfere with the proper operation of or any security measure used by the Resources or Content;
6.5.7 infringe any intellectual property or other right of any third party;
6.5.8 use the Resources or Content in a manner that suggests an unauthorised association or is beyond the scope of the limited licence granted to you; or
6.5.9 remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content.
6.6. While using the Resources, you must not engage behavior that, in the sole and exclusive reasonable judgment of Wargaming, is inappropriate, including but not limited to the following:
6.6.1 impersonating any person, business or entity, including an employee of Wargaming, or communicating in any way that makes it appear that the communication originates from Wargaming;
6.6.2 posting identifying information about yourself or other users;
6.6.3 harassing, stalking or threatening other users;
6.6.4 removing, altering or concealing any copyright, trademark, patent or other proprietary rights notice of Wargaming.
6.6.5 transmitting content that violates or infringes the rights of others, including patent, trademark, trade secret, copyright, publicity, personal rights or other rights;
6.6.6 transmitting or communicating any content that is offensive, including language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminatory, or otherwise objectionable, or that constitutes cyberbullying;
6.6.7 transmitting or facilitating the transmission of any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information;
6.6.8 spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings;
6.6.9 participating in any action which defrauds any other user of the Resources, including by scamming or social engineering;
6.6.10 using any unauthorised third party programs, including hacks, cheats, scripts, bots, trainers and automation programs that interact with the Resources in any way, for any purpose, including any unauthorised third party programs that intercept, emulate, or redirect any communication between the software and Wargaming and any unauthorised third party programs that collect information about the Resources by reading areas of memory used by the software to store information;
6.6.11 developing and using any software designed to modify the Game and change gaming experience (“mods”) unless expressly permitted by Wargaming;
6.6.12 accessing or attempting to access areas of the Game, Game servers, or other Resources that have not been made available to the public;
6.6.13 selecting a user name that is falsely indicative of an association with Wargaming, contains personally identifying information, or that is offensive, defamatory, vulgar, obscene, sexually explicit, discriminatory or otherwise objectionable. You may not use a misspelling or an alternative spelling to circumvent this restriction on user name choices. Wargaming may modify any name which, in the sole and exclusive judgment of Wargaming, violates this provision, without notification to you, and may take further disciplinary measures, including account termination for repeated violations;
6.6.14 playing on another person’s account to “boost” that account’s status or rank; or
6.6.15 performing, soliciting, or assisting with a distributed denial of service (DDoS) attack against the Resources or any user.
7. Charges and Billing
7.1. Some of the Resources may require you to pay a fee or permit you to acquire and accumulate rights to certain additional virtual game content, features and functionalities made available by us, including rights to in-game assets and points, virtual items, virtual currency or time-limited premium memberships (together “Additional Features“), which we grant you a licence to use pursuant to the terms of this EULA. The charging and billing are subject to rules of the third-party platform on which you are making the purchase. Wargaming disclaims any liability of any nature for such platforms’ actions, subject to any Non-Excludable Rights.
7.2. Additional Features constitute a limited, non-transferable, non-sublicensable, revocable licence to use features of the Resources when, as, and if allowed by us and solely as governed by and permitted under this EULA, and are subject to change in accordance with this EULA.
7.3 Below are the rules that apply to Additional Features:
(a) Additional Features may only be redeemed for other Additional Features where permitted in the Resources;
(b) once you have acquired Additional Features, those Additional Features are non-refundable and non-exchangeable (whether or not you use them), except as set forth in this EULA and subject to any Non-Excludable Rights;
(c) Additional Features cannot be sold or transferred to anyone (including between Accounts held by you);
(d) Additional Features cannot be exchanged for cash or any goods or services (except other Additional Features as permitted in the Resources);
(e) we do not make any promises about how or when Additional Features may be available to be acquired (subject to section 16 “Interruptions to the Resources” of this EULA) and can update or change Additional Features available to be acquired at any time;
(f) you may only acquire Additional Features from us (or from any person that we authorise for this purpose) and you must not obtain Additional Features from any other person or in any other way or attempt to do so;
(g) we may limit or block a request to acquire Additional Features at our reasonable discretion, in particular insofar as there are technical issues and/or legal restrictions e.g. under copyright law, criminal law, youth protection law etc.;
(h) the price payable for the Additional Features will be as set out as part of the Resources and or on third-party platforms (as applicable), but we reserve the right to change the price of Additional Features at any time at our discretion;
(i) you agree that you do not “own” the Additional Features and that we have the absolute right to manage, regulate, control, modify and/or eliminate such Additional Features at our sole discretion, in any general or specific case, and that we will have no liability to you based on our exercise of such right, subject to any Non-Excludable Rights;
(j) we allow you to accumulate and manage your Additional Features, and may use terms such as “buy” and “sell” to refer to the grant or transfer of rights to use the Resources, but use of terms such as “buy” or “sell” does not indicate any ownership right; and
(k) if and to the extent that any Additional Features are determined by applicable law to constitute real world currency or property, then they belong to us.
You agree that if you violate this EULA or other Wargaming rules, we may block your Account or access to some or all of the Games and/or other Resources until the violation is corrected, subject to any Non-Excludable Rights.
7.4. If you receive Additional Features or achievements free of charge, at a lower price or without performing the actions that are normally required for receipt (e.g. experience points without playing the Game):
(a) due to a technical error (a bug); or
(b) due to hacking, fraud or other illegal actions by you or with your knowledge,
you must report this to Wargaming immediately and pay for such Additional Features to the extent already consumed.
In each case, Wargaming may delete such Additional Features and achievement without any notice to you and, if you have already consumed the Additional Features without paying the full price of the corresponding Additional Features, block access to your Account, the Game(s), and/or other Resources until you reimburse the full price of the corresponding Additional Feature(s).
8. User Generated Content – Your Responsibilities and Licence to Us
8.1 Some Resources permit you to create or upload content which you have created (which we refer to in this EULA as “User Generated Content” or “UGC“). UGC includes, for example: Account personas, forum posts, chat posts, voice chat, messenger type features, profile content and any other Content contributed by users to or on Resources.
8.2 Users of the Resources create, download and use User Generated Content at their own risk. If you upload or make available to other users your UGC via our Resources:
(a) we do not control, monitor, endorse or own your UGC; and
(b) you are commissioning us to host and make available such UGC on our Resources and grant to us a limited, non-exclusive and revocable licence to do so.
8.3 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 and conditions:
(a) any part of the UGC which comprises or incorporates any of our intellectual property rights remains our property;
(b) you must not upload any UGC that belongs to anyone else unless you have the respective right owner’s authorisation to do so;
(c) you must not upload any UGC that infringes the intellectual property rights or privacy or any other rights of anyone else or which is illegal or breaches this EULA;
(d) you waive and agree not to assert any moral rights or similar rights you may have in UGC against us;
(e) you are solely responsible for your UGC; we do not pre-screen all UGC and do not endorse, approve, or pre-screen any UGC that you and other users may contribute to Resources;
(f) you must not in any way claim or suggest that any UGC is endorsed, supported by, or affiliated with us, other than being hosted by us;
(g) you must ensure that the UGC complies with all relevant legislation and does not contain any material which may be considered offensive, defamatory, illegal or which could cause any reputational loss or embarrassment to us;
(h) if you create any UGC, you are responsible and liable for it; we do not bear any liability or responsibly for UGC, nor do we provide any support for UGC;
(i) if we believe that your use or uploading of UGC breaches any of these conditions, then Wargaming may remove, block, edit, move or disable such UGC; and
(j) if you contravene any of these conditions, we reserve the right to suspend or permanently remove availability of your UGC and to take any other steps which we consider appropriate.
9. Feedback and User Submissions
9.1 We are always pleased to hear from our users and welcome specific comments about our Resources. 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“).
9.2 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 from the time of uploading or transmission, in accordance with subsection 9.3.
9.3 You hereby assign to us (including as a present assignment of future rights) all intellectual property rights in Submissions that you send to us to the extent owned by you. If for any reason this assignment is not effective, then you grant Wargaming a worldwide, perpetual, irrevocable and royalty-free licence to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense (including, without limitation, to third party media channels, platforms, and distributors), publicly perform, publicly display, and otherwise use and exploit in any manner whatsoever, or grant third parties the right to do any of the foregoing, all or any portion of your Submissions, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You further irrevocably grant us the right, but not the obligation, to use your name in connection with your Submissions. You also agree to waive any right of approval for our use of the rights granted herein and agree to waive any moral rights that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights. To the extent permitted by applicable laws, you also waive any moral rights or rights of a like nature that you may have in such Submissions.
9.4 We accept your Submissions on the basis that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this section. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to existing or future intellectual property rights relating to your Submissions. You represent and warrant that you own or have the necessary rights, licences, consents, and permissions to grant us the rights granted in this section.
10. Nature of Resources and Patches, Updates and Changes
10.1. From time to time, we may need to deploy or provide patches, updates, additional content or other modifications to the Resources.
10.2. We need to take the actions referred to in this section automatically in order to keep the Resources running efficiently. It is therefore not practicable to ask for your approval or even to notify you before we take these actions and you confirm that you consent to us taking these actions without your prior approval and without any prior notice.
10.3. You hereby accept, recognise and understand that:
(a) we constantly work on maintaining the Resources and improving and further developing the Games and other Resources, and may make changes to the Resources to, for example, enhance online gameplay, add new or updated features, resolve software bugs or other technical issues, and improve, upgrade and update graphics, user experience, features, gameplay and any other Content (including Additional Features you have acquired) in order to make the gameplay enjoyable for you and other players; and
(b) we may also need to change or cease to provide such Resources to all or any users from time for time for reasons including technical, legal, economic or business factors.
11. Interruptions to the Resources
11.1. From time to time, we may need to update, reset, temporarily interrupt or shut down some or all of the Resources, including without advance notice. Any of these actions may cause you to lose access to the Resources temporarily and/or cause you setbacks within a Game or other aspects of your use of the Resources. These activities are sometimes required to enable us to continue to provide the Resources.
11.2. Subject to this EULA, we will use our reasonable endeavours to make the Resources available to you at all times but do not warrant that the availability of the Resources or any aspect of them (including any Additional Features, accounts, statistics, user ranks or profile information) will be uninterrupted or error-free, subject to any Non-Excludable Rights.
12. Links to Third Party Sites
13. Epilepsy Warning
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 and not had much sleep, taking 10 to 15 minute breaks every hour, sitting a reasonable distance from the screen, and playing the game in a well-lit environment.
14. DISCLAIMERS. NO WARRANTIES
14.1. EXCEPT AS OTHERWISE SET FORTH HEREIN, THE RESOURCES 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 PLATFORM, 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 PLATFORM OR ANY PART THEREOF 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.
14.2. YOU UNDERSTAND AND AGREE THAT YOU USE THE RESOURCES 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 RESOURCES) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE RESOURCES.
14.3. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE WARGAMING ENTITIES DO NOT EXCLUDE OR RESTRICT LIABILITY WHICH UNDER APPLICABLE LOCAL LAW CANNOT BE EXCLUDED OR RESTRICTED.
15. LIMITATION OF LIABILITY
15.1. TO THE GREATEST EXTENT PERMITTED UNDER THE APPLICABLE LAW, 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 RESOURCES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE RESOURCES, 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.
15.2. 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 RESOURCES UNDER THIS TERMS, 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 RESOURCES OR (ii) $100.
15.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR OTHER TYPES OF DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
15.4. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS 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 10 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
16. No restriction of consumer rights
16.1. Nothing in this EULA is intended to have or has the effect of excluding, restricting or modifying the application of any applicable law of any local jurisdiction that cannot be excluded, restricted or modified by agreement between us. This may include rights to replacements, refunds, compensation or other remedies to which consumers may be entitled (collectively, “Non-Excludable Rights”).
16.1.1. For users from Australia, such Non-Excludable Rights may include rights under Division 1 of Part 3-2 of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) (Cth).
16.1.2. For users from New Zealand such Non-Excludable Rights may include rights under Consumer Guarantees Act 1993.
17. Termination of this EULA
Suspension or termination by Wargaming
17.1. If you are in material breach of this EULA, then we may, at our reasonable discretion, take some or all of the following actions:
17.2. If the breach of this EULA is your first breach, if it is not flagrant, if it is capable of cure, and if the circumstances allow us to do so, then we shall give you a prior written notice of the impending termination to give you the opportunity to cure the breach.
17.3. If we suspend your access to the Resources, then during the period of that suspension you will not be able to access any of the Resources and time limitations applying to any Additional Features you have acquired (including premium membership) will continue to run. If we block your access to the Resources and terminate this EULA, then you will never be able to access the Resources.
17.4. We will only block your access to the Resources and terminate this EULA in very serious circumstances where we consider that a suspension is not sufficient. For example, this might include a very serious contravention of this EULA or where you have contravened this EULA on numerous occasions.
17.5. If you believe that we have suspended or blocked your access in error, please contact our Player Support.
18. Your Right to terminate this EULA
18.1. You may terminate this EULA at any time by deleting your Account (if applicable) and all the Resources from your device.
18.2. Important note: any Additional Features you purchase from us are directly linked to the existence of your Account or “demo account,” as applicable. If you decide to close your Account (“demo account”) and terminate this EULA, you may lose any Additional Features accessible from that Account (“demo account”) at the time of the termination. You will only be entitled to a pro-rata refund of payments that we must refund under the applicable law (Non-Excludable Rights). Other than that, you will not be entitled to any refunds or compensation.
19. Applicable Law and Dispute Resolution
19.1. For US residents:
19.1.1. Governing Law and Jurisdiction. 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.
19.1.2. Dispute Resolution and Arbitration. 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 award the same damages and relief that a court can award. 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 OR TO PARTICIPATE IN A CLASS ACTION.
19.1.3. Exceptions. Notwithstanding subsection 19.1.2, 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 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.
19.1.4. 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, by calling the AAA at 1-800-778-7879, or by contacting Wargaming.
19.1.5. 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.
19.1.6. Fees. 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 at a location to be agreed upon in Alameda County, California, provided that 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 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.
19.1.7. No Class Actions. 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.
19.1.8. Modifications. In the event that Wargaming makes any future change to this arbitration provision (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 you must immediately stop using the Resources, your Account (if any) shall be immediately terminated, and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
19.1.9. Enforceability. If Subsection 19.1.7 is found to be unenforceable or if Subsections 19.1.2-19.1.8 are found to be unenforceable in their entirety, then Subsections 19.1.2-19.1.8 shall be null and void in their entirety and, in such case, the parties agree that the exclusive jurisdiction and venue described in Subsection 19.1.1 “Governing Law and Jurisdiction” shall govern any action arising out of or related to this EULA.
19.2. For Australia and New Zealand residents:
19.2.1.Governing (Applicable) Law and Jurisdiction. 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, unless otherwise required by a law of the country where the user has his habitual residence that is unable to be excluded by agreement. We and you submit all the aforementioned disputes to the jurisdiction of the courts of the country whose laws are applicable subject to Subsections 19.2.2-19.2.9.
19.2.2. Dispute Resolution and Arbitration. 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 19.2. 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.
19.2.3. Exceptions. Notwithstanding subsection 19.2.2, 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.
19.2.4. 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 www.resolution.institute, by calling the Resolution Institute on 1800 651 650 (Australia) or 0800 453 237 (New Zealand), or by contacting Wargaming.
19.2.5. 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.
19.2.6. 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.
19.2.7. 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.
19.2.8. Amendments to this section. In the event that Wargaming makes any future change to this section 19.2 (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 you must immediately stop using the Resources, your Account (if any) shall be immediately terminated, and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive. In case of such termination, you are entitled to a refund subject to your Non-Excludable Rights.
19.2.9. Enforceability. If Subsection 19.2.2 is found to be unenforceable or Subsections 19.2.2-19.2.8 are found to be unenforceable in their entirety, then Subsections 19.2.2-19.2.8 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Subsection 19.2.1 shall govern any action arising out of or in connection with this EULA.
19.3. For residents outside US, Australia, and New Zealand:
19.3.1. Governing Law and Jurisdiction. 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 Cyprus, unless otherwise required by the law of the country where the user has their habitual residence.
19.3.2. Dispute Resolution. We and you submit all the aforementioned disputes to the jurisdiction of the courts in the country whose laws are applicable according to clause 19.3.1 above.
You agree that you are responsible for your use of the Resources, 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 legal fees and costs, arising out of or in any way connected with (i) your misuse of, or unlawful or negligent acts or omissions in relation to, access to or use of, or alleged use of the Resources; (ii) your violation of this EULA or any representation, warranty, or agreements by you 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 UGC; (v) your Submissions; (vi) your use of a Third Party service; (vii) any misrepresentation by you or (viii) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defence 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 defence 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 or unlawful acts or omissions or 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 Resources. This indemnity does not limit and is subject to any Non-Excludable Rights.
21. Copyright and Trademark Notices
“Wargaming.net”, “Wargaming” and their respective logos are trademarks or registered trademarks of Wargaming. You may not use or display such trademarks in any manner, except as expressly set out in this EULA. All third party trademarks and service marks that appear in the Games are the property of their respective owners and all rights in them are reserved.
22.1. Relationship. The EULA governs our relationship with you. It does not create any rights for any other person, unless otherwise expressly stated in this EULA.
22.2. Consent or Approval. No consent or approval of Wargaming may be deemed to have been granted by Wargaming without being in writing and signed by an officer of Wargaming.
22.3. Severability. If any provision of this EULA, or any applicable Rules, 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.
22.4. Interpretation. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter, subject to any Non-Excludable Rights.
22.5. Summaries and Heading. Any summaries of provisions and section headings are provided for convenience only and shall not limit the EULA.
22.6. Assignment. Wargaming may assign its rights and obligations under this EULA and any applicable Rules, in whole or in part, to any party at any time without any notice. This EULA and any applicable Rules 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.
22.7. Complete Agreement. This EULA, and any applicable Rules, reflect our complete agreement regarding the Resources and supersede any prior agreements, or collateral agreements, or implied terms, representations, warranties, assurances or discussion related to the Resources, subject to any Non-Excludable Rights.
22.8. No Waiver. Except as expressly set forth in this EULA or any applicable Rules, (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 or any applicable Rules will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
22.9. Investigations; Cooperation with Law Enforcement. Wargaming reserves the right to investigate and prosecute any suspected breaches of this EULA or the Resources. Wargaming may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
22.10. Inclusive terms. The words ‘include’, ‘including’ and similar words must be read as if followed by the words ‘without limitation’.
23. Contact Us
If you have any questions, complaints, or comments regarding this EULA, please contact us through the Player Support of the Game you are using or at 105, Agion Omologiton Avenue, Nicosia 1080, Cyprus.