TERMS OF SERVICE
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT; PLEASE READ IT CAREFULLY.
WB Games Inc. ("WB Games") is proud to provide you with access to the online service (a "Game Server") for use with an authorized, unmodified copy of game software (the "Game") installed onto a Nintendo Switch™ Console (a "System") (together with any updates, the "Game Client"). Together, a Game Server and the Game Client make up the Game. These Terms of Service (the "TOS" or "Agreement") govern your use of the Game Server, while the End User License Agreement (the "EULA"), incorporated herein by this reference, governs your use of the Game Client. By connecting to or using a Game Server, you agree to be bound by the terms of this Agreement and the EULA, and you confirm that you are 18 years or older and have legal capacity to enter into this Agreement and the EULA.
1. Grant of a Limited License to use a Game Server
Subject to your agreement to and continuing compliance with this Agreement and your continuing compliance with all agreements and guidelines required by Nintendo or other WB Games approved third party service providers for the use of your Nintendo account or WB Games approved third party account (the "Account"), you may use a Game Server solely for your own non-commercial entertainment purposes by accessing it with an authorized, unmodified Game Client. You may not use or access a Game Server for any other purpose or in connection with any other software, and any access or use outside the express scope of this license may constitute a violation of WB Games' intellectual property rights. The license granted herein confers no title or ownership in the Game (including without limitation the Game Server) and should not be construed as a sale of any rights to the Game. The license granted is non-transferable and any attempted transfer in violation of this provision shall be null and void. All rights, titles and interests in and to the Game and any and all copies thereof (including without limitation any and all titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, music, etc.) are owned by WB Games or its licensors.
2. Changes to Agreement and Game
WB Games may update this Agreement at its sole discretion, and you may be asked to review and agree to the revised version of the TOS once it becomes effective. If you do not agree to a revised TOS, you will not be permitted to continue playing the Game through the Game Server. If at any time you are no longer able to comply with the terms of the then-current TOS, you must terminate this Agreement and immediately stop accessing the Game Server in any fashion.
WB Games may change, modify, suspend, or discontinue any aspect of the Game at any time. WB Games may also impose limits on certain features or restrict your access to parts or all of the Game without notice.
You understand and agree that the Game is owned by WB Games and/or WB Games affiliates and/or licensors. Furthermore, you understand and agree that you have no interest, monetary or otherwise, in any feature or content contained in the Game, which may include without limitation any in-game items or in-game currency (if any). You may not purchase, sell or trade any in-game items or in-game currency for anything of value in the real world without WB Games' express written permission. Any in-game transaction or purchase of content and/or items is purchased from the Nintendo eShop or other WB Games approved third party services, and not from WB Games.
4. Account Suspension/Deletion
WB GAMES MAY SUSPEND, TERMINATE, MODIFY, OR DELETE YOUR ACCESS TO THE GAME SERVER AT ANY TIME AT ITS SOLE DISCRETION, WITH OR WITHOUT NOTICE TO YOU.
5. Financial Transactions
Code of Conduct
You agree that you will abide by the WB Games Code of Conduct, incorporated herein by this reference, and all applicable laws in connection with your use of the Game and Game Server.
7. In-Game Communications
You acknowledge that WB Games may suffer irreparable damage if you breach any of the provisions governing ownership, the license granted or license limitations. In the event of such a breach, WB Games shall be entitled to apply for injunctive relief and/or a decree for specific performance and such other and further relief as may be appropriate.
9. DISCLAIMER OF WARRANTIES
THE GAME SERVERS ARE MADE AVAILABLE, TO THE EXTENT PERMISSIBLE BY LAW, ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT PERMISSIBLE BY LAW, ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE EXCLUDED. IF YOU ARE, OR ARE HOLDING YOURSELF OUT AS, USING THE GAME SERVERS FOR THE PURPOSES OF A BUSINESS IN TERMS OF SECTION 43(2) OF THE CONSUMER GUARANTEES ACT 1993 (CGA), THE PROVISIONS OF THE CGA WILL NOT APPLY.
10. LIMITATION OF LIABILITY
a. Neither you, WB Games, its directors, parent, affiliates, licensors, or contractors will be liable for any consequential or indirect loss under or in connection with these ToS, or any collateral contract, whether arising under statute or arising in or for breach of contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise.
b. Nothing in these ToS will exclude or limit either party's liability:
(i) for fraud or fraudulent misrepresentation;
(ii) for death or personal injury caused by its negligence;
(iii) under the indemnity in the Indemnification Section; or
(iv) for any other liability which cannot be excluded or limited by law.
You hereby agree to defend, indemnify and hold harmless WB Games, its directors, parent, subsidiaries, affiliates, licensors, and contractors, from and against any claim, liability, injury, damage, loss or expense (including reasonable attorneys' fees) incurred as a result of, arising from, or relating to any breach by you of the Grant of a Limited License to use a Game Server Section.
12. User Content
"User Content" means any communications, images, sounds, videos, and all the material and information that you or anyone using your Account contributes through the Game or any WB Games-affiliated website (if any), including without limitation feedback about the Game and/or streamed content you create in association with the Game, including without limitation rights to use your likeness and/or voice as provided by you through such stream. You hereby grant WB Games a perpetual, irrevocable, worldwide, paid-up, non-exclusive, license, including the right to sublicense to third parties, and right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, stream, publicly display, publicly perform, provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such User Content (if any) as well as all modified and derivative works thereof. You hereby represent and warrant that you have, and have the documentation to establish, all necessary rights to grant the license referenced in the preceding sentence. To the extent permitted by applicable laws, you hereby waive any moral rights, artist's rights, rental rights, or similar rights (if any) you may have in any User Content (if any). You warrant that you will not seek to enforce any moral rights, artist's rights, rental rights, likeness rights, or similar rights (if any) you may have in any User Content against WB Games.
13. Claims of Infringement
If you believe that any content appearing in the Game Server, in the Game, or on the WB Games website infringes your intellectual property rights, we at WB Games want to hear from you. Please forward the following information in writing to the Copyright Agent at firstname.lastname@example.org:
1. your name, address, telephone number, and e-mail address;
2. a description of the intellectual property right that you claim has been infringed;
3. the exact URL or a description of each place where alleged infringing material is located;
4. a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
5. your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
6. a statement by you that the information in your notice is accurate, that you are the copyright owner or authorized to act on the intellectual property right owner's behalf.
14. Patches and Updates
WB Games may apply patches, updates and modifications (collectively, "Updates") to the Game at any time, and gameplay may change after the application of an Update.
16. Dispute Resolution and Governing Law
a. The construction, validity and performance of these TOS and all non-contractual obligations arising from or connected with these TOS, shall be governed by the law of the country of your habitual residence.
b. Any action or proceeding brought to adjudicate any dispute related to these ToS or the Game shall be subject to the non-exclusive jurisdiction of the courts of the country of your habitual residence (unless otherwise agreed in writing by both parties).
The terms set forth in this Agreement, including the Disclaimer of Warranties, Limitation of Liability and Indemnification provisions are fundamental elements of the basis of the agreement between WB Games and you. WB Games would not be able to provide the Game (including without limitation the Game Servers) on an economic basis without such limitations. Such Disclaimer of Warranties, Limitation of Liability and Indemnification provisions inure to the benefit of WB Games' licensors, successors and assigns. You agree that you are not considered, and shall not represent yourself as, an agent, employee, joint venturer, or partner of WB Games. You may not assign this Agreement, in whole or in part, without WB Games' prior written consent and any attempted assignment in violation of this provision shall be null and void. WB Games may assign this Agreement or any of its rights and obligations under this Agreement without your consent at any time. No waiver of any default, condition or breach of this Agreement shall constitute a waiver of any other default, condition or breach of this Agreement, whether of a similar nature or otherwise. Any provision found unlawful by a court or regulator having jurisdiction shall be deemed to be severed from the Agreement, but such severance shall have no effect on the enforceability of the remaining provisions of the Agreement. This Agreement, incorporating all the applicable documents referenced herein, represents the entire agreement between you and WB Games with respect to the Game Servers and supersedes all prior agreements between you and WB Games pertaining to the Game Servers. You must supply all necessary facilities, utilities and equipment necessary to play the Game, including appropriate computer equipment and Internet connections, at your sole risk and expense. In no event shall WB Games be liable for any failure of performance resulting from causes beyond the reasonable control of WB Games, including without limitation: acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
18. Code of Conduct
You agree that you will not use the Game to upload, post, or otherwise distribute any User Content that:
- constitutes or promotes illegal activity;
- defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others;
- is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable;
- promotes any commercial activity, including promoting goods or services or soliciting donations;
- is subject to confidentiality or non-disclosure obligations;
- includes material, images or photographs that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
- disguises its source or origin, or misrepresent its author, by modifying metadata or other identifiers;
- links to any third-party sites or services that would violate the standards contained in this list; or
- attempts to get a password, other account information, or other private information from a user of the Game.
In using the Game you also agree not to:
- attempt to interfere with the operation of the Game in any way;
- copy, reproduce, distribute, transfer, sell, license, publish, enter into a database, display, perform publicly, modify, create derivative works of, upload, edit, post, link to, frame, transmit, rent, lease, lend or sublicense, scrape, crawl, or in any way exploit any part of the Game;
- use any data mining tools, robots, virus, worms, bugs, or similar data-gathering and extraction tools on the Service, or frame any portion of the Service, or attempt to tamper, hack, corrupt, or impair the administration or security of the Service;
- use any tools designed to compromise security or digital rights management technology (including password guessing programs, cracking tools, or network probing tools) in connection with the Game;
- use the Game for any commercial purposes, including sending "spam" or any malicious or disruptive communications;
- decompile, reverse engineer, disassemble, or otherwise reduce the code used in the Game into a readable form in order to examine the construction of such software or to copy or create other products based (in whole or in part) on such software or any feature of the Game or piece of content available in the Game; or
- use or distribute unauthorized software programs or tools, such as "auto" software programs, "macro" software programs, "cheat utility" software program or applications, exploits, cheats, or any other game hacking, altering or cheating software or tool.
- use exploits or cheats to gain and unfair advantage.
- restrict or inhibit any other user from using and enjoying the Game. For example, being disruptive with vulgar language, abusiveness, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, "spamming," or flooding (continuous posting repetitive text), all of which are prohibited conduct or send surveys, contests, pyramid schemes, chain letters, junk email, spam or any duplicative or unsolicited messages (commercial or otherwise).
- falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other content.
- harvest (in an automated manner or otherwise) or otherwise collect personal information about others, including e-mail addresses, or use such information to send unsolicited emails.
- violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Game.
- impersonate or create a false identity (such as a celebrity or WB Games representative) for the purpose of misleading others.
- use the Game for fraudulent transactions or other commercial transactions prohibited by these Terms of Service or applicable License Agreement, including, without limitation, fraudulent or unauthorized in-game virtual transactions.