DAWN OF DEFIANCE

END USER LICENSE AGREEMENT

Last Updated August 9, 2024

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General Information

Welcome to Dawn of Defiance. This Agreement governs your access to and use of the Services, as defined herein, and any associated content related updates, upgrades, and features. This Agreement is a legally binding agreement between you and Traega Entertainment, LLC. Read this Agreement carefully before using the Services. By accessing or using the Services, you hereby agree and assent to all terms, conditions, and obligations herein. IF YOU DO NOT AGREE WITH THIS AGREEMENT OR ANY PORTION THEREOF, YOU MAY NOT USE OR OTHERWISE ACCESS THE SERVICES.
 

We may amend this Agreement at any time by posting a revised version on the Website and within the Game’s settings. Each revised version will state its effective date, which will be effective on or after the date in which it is posted or sent. Your continued use of the Services after the effective date of such revision constitutes your acceptance of the revised Agreement.

This Agreement includes, by reference, Traega Entertainment, LLC’s Terms of Service and Privacy Policy, both incorporated here by reference, as amended from time to time.

THIS AGREEMENT REQUIRES THE USE OF ARBITRATION, REFERENCED IN SECTION 19 OF THIS AGREEMENT, (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. BY ACCEPTING THIS AGREEMENT, EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND COMPANY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

BY USING THE SERVICES, YOU CONFIRM THAT YOU ARE ABOVE THE MINIMUM AGE AND ARE NOT BARRED FROM USING THE SERVICES UNDER APPLICABLE LAW.

THE SERVICES ARE NOT DIRECTED TO CHILDREN UNDER 13 AND YOU MAY NOT USE THE SERVICES IF YOU ARE UNDER 13 YEARS OLD. BY ACCESSING AND/OR USING THE SERVICES YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE. IF YOU ARE OVER THE AGE OF 13 BUT UNDER THE AGE OF 18 OR OTHERWISE UNDER THE LEGAL AGE OF THE MAJORITY IN YOUR JURISDICTION OF RESIDENCE, YOU MAY ONLY USE THE SERVICES WITH PERMISSION FROM AND UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN AND SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN SECTION 4 OF THIS AGREEMENT.

1. Definitions

“Account” means any individual User account on the Platforms (defined below) that is used to access the Services.
“Agreement” means the terms of this End User License Agreement and any terms, conditions, covenants, representations, warranties, obligations, and licenses contained herein.

“Company” means Traega Entertainment, LLC. References to "us" "we," or "our" means Company, including any and all subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors. Company does not include affiliates or third parties (analytics or ad tech companies, or similar organizations).

“Dispute” means any controversy related to this agreement, including without limitation claims arising out of or relating to any aspect of the relationship between you and Company, claims that arose before this Agreement, and claims that may arise after the termination of this Agreement; however, this does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights, and is subject to any applicable statutory consumer rights laws in your local jurisdiction.

“Game” means the game Dawn of Defiance inclusive of all underlying images, characters, literary works, source code, object code, musical compositions, sound recordings, audiovisual works, and any other materials and Intellectual Property Rights therein as well as any updates or other DLC.

“Intellectual Property Rights” means, any and all right, title, and interest of every kind whatsoever, whether now known or unknown, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.

“Notice” means a delivered writing by email, courier, or postal delivery to the other party at their respective address and will be effective upon receipt.

“Privacy Policy” means our policy regarding data collection and processing, which also governs your use of the Services and is incorporated herein by reference.

“Protected Content” means all content included as part of the Services and any compilation thereof including, without limitation, the look and feel of the Services, the text, graphics, source code, sound recordings, musical composition, narrative, characters, literary works, and any other works of authorship or other materials contained therein, whether or not protectable by copyright, trademark, or other applicable law or legal theory.

“Services” means the Website, the Game, and all other applications, content, tools, features, and functionality offered on or through the Website or the Game and any associated services or materials thereon.

“Terms of Service” means the terms of service that govern the use of our websites other than the Website.

“Transaction” means your purchase or obtaining of a license to the Game offered by the Company through the Platforms.

“User,” “you” or “your” means any user of the Services, or any owner, officer, employee, affiliate, or agent of the same that uses the Services or any portion thereof.

“User Generated Content” means any photos, images, likenesses, logos, marks, literary works, sound recordings, musical composition, audiovisual works and programs, modes, animations, names, and any other content or materials uploaded or shared via the Services by participating in forums or communicating with Company on social media platforms.
“Website” means the online website “https://www.dawnofdefiance.com” including all sub-pages, sub-domains, and associated domains thereof.

2. License

The Services are licensed to you for your personal use and entertainment only. Company hereby grants you a personal, limited, non-transferable, fully revocable, and non-exclusive License to use the Services for your personal entertainment and non-commercial use, subject to your compliance with this Agreement and subject to the limitations set forth in Section 3. Company or its licensors own and reserve all other rights, including all right, title and interest in the Services and all materials or content therein, and all associated Intellectual Property Rights.

3. License Restrictions and Prohibited Use of the Services

You may not do any of the following with respect to the Services or any components thereof:

a. Use the Services commercially or for a promotional purpose, except as otherwise authorized herein;
b. Resell the Game;
c. Copy, reproduce, distribute, display, publicly perform, publish, or use the Services or any portion or aspect thereof, in any way that is not expressly authorized in this Agreement;
d. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that this activity is expressly permitted by the applicable law of your country of residence;
e. Modify, adapt, translate, or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted by this Agreement or by applicable law notwithstanding this limitation;
f. Remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Services;
g. Access any the Services or any website, server, software application, or other computer resource owned, used and/or licensed by Company, through any means not intentionally made available or provided for through the Services, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures Company may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed to Company;
h. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
i. Harvest or collect the email addresses or other contact information of other Users;
j. Use the Services in any manner which could damage, disable, overburden, or impair the Website, Game, or Website/Game servers, or otherwise interfere with any other party's use and enjoyment of the Services;
k. Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;
l. Defame, harass, abuse, threaten or defraud users of the Services, or collect, or attempt to collect, personal information about users or third parties without their consent;
m. Attempt to indicate in any manner that you have a relationship with Company or that Company has endorsed you or any products or services for any purpose; or
n. Use the Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.

Company also reserves all available legal rights and remedies to prevent the unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and contacting your internet service provider.

4. Children Under 18

a. By using the Services, you warrant and represent that you: (1) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this Agreement; or (2) are a minor who has been authorized under the provisions of Section 4(b) below.

b. If you are the legal guardian of a minor, you can choose to allow use of the Services by that minor instead of yourself subject to the following provisions:

i. You acknowledge, and further agree that the aforementioned minor is entering into an agreement with your consent;
ii. You acknowledge, and further agree you are entirely responsible for all the provisions in this Agreement;
iii. You acknowledge, and further agree, you are legally responsible for all actions of that minor, including but not limited to any payments, damages and/or liabilities related to the actions of that minor;
iv. In consideration of Company allowing access to the Services by a minor, and in addition to the indemnification provisions set forth herein, the foregoing adult hereby guarantees and agrees to pay for any and all liabilities of any nature whatsoever incurred under this agreement and to defend, indemnify and hold harmless Company with respect thereto.

5. Account

You must have a valid Account to play the Game. You acknowledge and agree that by using Steam or the Epic Games Store a to access the Game, you may be subject to an agreement(s) with Valve Corporation or Epic Games, Inc.

You acknowledge and agree that Company is not a party to any of the foregoing agreements or any other agreements between you and Valve Corporation or Epic Games, Inc., and compliance with such agreements is not monitored, enforced, or controlled by Company. If Company receives notice that your activity violates any of the foregoing or any similar agreement between you and Valve Corporation, Epic Games, Inc., or any other third party, Company may, in our sole discretion take action to bring you into compliance with such agreements. Such actions may include suspending or terminating your Service privileges.

You further acknowledge and agree that by accessing the Game via your existing Platform Account, you are providing Company with limited access any information including any personal information about you contained within in your Platform Account and associated credentials for the purpose of logging into the Game.

Epic Games Store. You may access the Game on third-party platforms such as the Epic Games Store using your Epic Games Store account (the “Epic Games Account”). You are solely responsible for complying with the terms of use and end user license agreement of the Epic Games Store (the “Epic Games Terms”), and you acknowledge and agree that Company has no control over the terms of use or end user license agreement of the Epic Games Store. If Company learns that you have violated the Epic Games Terms, Company may take action against your Epic Games Account, including by restricting access to the Services. You acknowledge and agree that Company may have access to certain information, including friends lists and other personal information, that appears in your Epic Games Account. In order to delete such information, you must delete your Epic Games Account from the Epic Games Store.

6. Transactions

If you wish to make a Transaction for the Game, you are required to pay the listed priced and any applicable fees. Unless otherwise indicated, all fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency. You must be 18 years or older or have your parent or legal guardian’s permission to make a Transaction.

a. Billing Information. Transactions will be processed on the platforms on which the Game is available, including Steam and the Epic Games Store (“Platforms”). You authorize the Platforms to charge your credit card or other payment method the applicable price of the Transaction. Payment processing time will vary depending on your location. You will receive a receipt from the applicable Platform confirming payment. If your payment is rejected for any reason, including insufficient funds, Company reserves the right to contact you directly to seek payment. By using a Platform, you may be subject to an agreement with such Platform. If Company receives notice that your activity violates any agreement between you and or any Platform, Company may, in our sole discretion take action to bring you into compliance with such agreements. Such actions may include canceling a Transaction, suspending your Transaction privileges and/or removing certain payment methods. You agree to provide current, complete, and accurate purchase information for all Transactions conducted via the Platforms.

b. Restrictions. Company reserves the right, including without prior notice and on a case-by-case basis, to limit the available quantity of or discontinue making available the Game in general or to any per person, per household, or per order, per geographic region or jurisdiction (including orders placed by or under the same customer Account, the same credit card, and/or orders that use the same billing and/or shipping address); to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with the Game.

c. Transaction Processing. Platforms may, in its sole discretion, choose to not process or to cancel your Transaction in certain circumstances. This may occur when a Platform suspect the request is fraudulent, or in other circumstances the Platforms deem appropriate in its sole discretion. Company has no control over the Platforms and its decisions, and all transactions made through Platforms are subject to the Platforms’ terms of use.

d. Tax. Prices are exclusive of all foreign, federal, state, municipal, and local excise, sales, use and similar taxes. Such taxes are the responsibility of you as a purchaser and may be in addition to the price stated on the Services.

e. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW, YOU AGREE THAT IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR INDIRECT DAMAGES FOR THE DAMAGE, INJURY, OR LOSS OF LIFE OR PROPERTY OR REVENUE EVEN IF THE DAMAGE, INJURY, OR LOSS IS CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF THE COMPANY REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, NON-DELIVERY, SALE OR USE OF THE GAME PURCHASED BY YOU HEREUNDER. YOU AGREE THAT ALL GAMES IN THE TRANSACTION ARE SOLD AND PURCHASED “AS-IS.” ALL IMPLIED WARRANTIES INCLUDING FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE EXPRESSLY DISCLAIMED BY COMPANY.

f. Refunds. Company does not process any Transactions directly, and as such, Company does not offer any refunds. All purchase terms and refunds are subject to the terms of service of the Steam or the Epic Games Store, which are incorporated here by reference. In order to request a refund, contact the Platforms directly. Refunds will be processed in accordance with the Platforms’ policies.

7. User Generated Content

We do not offer any User Generated Content within the Game at this time. We may offer certain mods in the future for the creation of User Generated Content, at which time these Terms will be updated.

8. Electronic Communication

Each and every time you send an email or other electronic communication to Company, such communication will constitute an electronic communication. By providing us with your contact information, you consent to receive electronic communications from us. By using the Services, you agree that all agreements, Notices, disclosures, and other communications that Company provides via updates to the Game, the Services and/or the Website satisfy any legal requirement that such communications be in writing, regardless of whether you received separate or individualized electronic communication from us.

9. Intellectual Property Ownership

All Protected Content is the property of Company or its third-party suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Protected Content, in whole or in part, found within the Services. Your use of the Services does not entitle you to make any unauthorized use of any of the Protected Content, and in particular you shall not delete or alter any proprietary rights or attribution notices in any Protected Content. You shall use Protected Content solely for your personal use, as outlined in this Agreement, and will make no other use of the Protected Content without the express written permission of Company and/or Protected Content’s third-party owner, if applicable. You acknowledge and agree that you do not acquire any ownership rights in any Protected Content. Except as provided for herein, this Agreement do not grant any licenses, express or implied, to the Protected Content or any other intellectual property of Company, our licensors, or any third-party.

10. Service Availability and Termination

You acknowledge and agree that:

a. Company has the discretion to immediately terminate or restrict access to the Services or any portion thereof, at any time, for any reason, without Notice and without liability to you;

b. Access to the Services may be interrupted for reasons within or beyond the control of Company and that Company cannot and does not guarantee you will be able to use the Services whenever you wish to do so;

c. Company may terminate the Services or terminate or suspend Accounts due to a User’s breach of this Agreement; and

d. The Services may not be offered in all countries or geographic locations.

11. Company Disclaimer and Limitation of Liability and Remedies

COMPANY IS NOT A BROKER, FINANCIAL INSTITUTION, CREDITOR, INSURER OR CHARITABLE ORGANIZATION.

All information and content provided by Company through the Services is for informational and entertainment purposes only and Company does not guarantee the accuracy, completeness, or timeliness or reliability of any such information or content.

No content or information is intended to provide financial, legal, tax, or other professional advice. Before making any decisions regarding use of the Services or the purchase any other good or service, whether virtual or tangible, offered by the Services or any third party, you should consult your financial, legal, tax, or other professional advisers as appropriate. You acknowledge that you access content or information through the Services at your own risk and you are solely responsible for making the final determination as to the value and appropriateness of using the same.
USERS ARE NOT EMPLOYEES, PARTNERS, AGENTS, JOINT VENTURES, OR FRANCHISEES OF COMPANY. COMPANY DOES NOT PROVIDE FINANCIAL SUPPORT OR ASSISTANCE TO USERS. YOU HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, DIRECT, OR CONTROL USERS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF GOOD AND WORKMANLIKE QUALITY, WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY AS TO THE VALIDITY OF ANY PATENTS OR THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.
YOU UNDERSTAND AND AGREE THAT THERE ARE RISKS INVOLVED WITH AND INHERENT TO PLAYING ANY COMPUTER OR MOBILE GAME INCLUDING, BUT NOT LIMITED TO, MOTION SICKNESS, REPETITIVE STRESS INJURY, OR SIMILAR. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE RESPONSIBLE TO ANY USER FOR ANY PHYSICAL INJURIES, LOSS OF LIFE, DISMEMBERMENT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF DATA, REGARDLESS OF FORESEEABILITY AND COMPANY’S MAXIMUM LIABILITY UNDER THIS AGREEMENT WILL AT ALL TIMES BE LIMITED TO A REFUND OF ANY MONIES SPENT BY AN APPLICABLE USER HEREUNDER WITHIN THE SIX (6) MONTHS PRECEDING ANY ALLEGED BREACH OF THIS AGREEMENT BY COMPANY.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN THE EVENT OF ANY BREACH OF THIS AGREEMENT BY COMPANY, YOUR REMEDIES SHALL BE LIMITED TO AN ACTION FOR DAMAGES, IF ANY AND AS LIMITED ABOVE AND IN NO EVENT SHALL YOU BE ENTITLED TO SEEK TO ENJOIN OR RESTRAIN COMPANY’S PERFORMANCE IN ANY MANNER. ACCORDINGLY, YOU EXPRESSLY AGREE THAT ANY DAMAGE TO YOU WILL NOT BE IRREPARABLE OR OTHERWISE INCALCULABLE SO AS TO ENTITLE YOU TO SEEK AND/OR OBTAIN EQUITABLE OR INJUNCTIVE RELIEF.

12. Representations and Warranties

In addition to any other representations and warranties made herein, you hereby represent and warrant that (a) you are not prohibited from receiving or using any aspect of the Services under applicable laws and (b) Company has not previously disabled your access to the Services for a violation of the law or this Agreement or other applicable agreements.

13. Third Parties

Links to Third-Party Sites. The Services may contain links to third-party websites. The third-party websites are not under the control of Company and Company is not responsible for the contents of the same, including without limitation any link contained therein. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the third-party website or any association with its operators.

14. Use of Unreal® Engine from Epic Games, Inc.

The Game includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Company, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Company, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Game, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Game, or will not revoke approval of this Game for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Company and Epic. Company, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.

To the maximum extent permitted by applicable law, neither Company, Epic, Epic’s licensors, nor its or their affiliates, nor any of Company’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this Agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Company, Epic, Epic’s licensors, nor its or their affiliates, nor any of Company’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Company’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Company, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Company, Epic, Epic’s licensors, its and their affiliates, and any of Company’s or Epic’s service providers shall be limited to the full extent permitted by law.

15. Device and Internet Connection

Use and access of the Services may require the use of your personal computer, laptop, tablet, or mobile device, as well as communication with or use of space on such device. You are solely responsible for all internet and/or mobile data connection and all associated fees that you incur when accessing the Services.

16. International Users

The Services are controlled, operated, and administered by Company from our offices within the United States. If you access the Services from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

17. Release

You hereby agree to release Company from all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third-party (including other Users) in connection with the Services and any content therein. In furtherance of the foregoing, you hereby waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED THE SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

18. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and assigns from and against any and all claims, losses, costs, debt, liabilities and expenses (including, but not limited to attorney’s fees) arising from (i) your misuse of and access to the Services; (ii) your violation of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, intellectual property, or privacy right; (iv) your use of or inability to use the Services; and (v) any claim that you caused damage to a third-party.

19. Dispute Resolution

In the event the parties are not able to resolve any Dispute between them arising out of or concerning this Agreement, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then, except as provided below, the parties hereby agree to submit any Dispute they cannot resolve informally to final and binding arbitration. The arbitration will be conducted remotely unless the arbitrator believes an in-person hearing is required, in which case the location of the arbitration hearing will be determined by JAMS rules. The arbitrator will follow Tennessee law in adjudicating the Dispute. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. Interpretations of this Agreement, including determinations of unconscionability, will be determined by the arbitrator selected through this provision. The arbitrator shall determine the scope and enforceability of this agreement to arbitrate, including whether any Dispute is subject to arbitration and shall rule on any defense, raised by a party hereto, that the claim(s) in question is exempt from this arbitration requirement. As part of the arbitration, the parties shall engage in the exchange and/or discovery of non-privileged information relevant to the Dispute, in accordance with JAMS rules.

The foregoing shall not apply to any claims that fall under the auspices of a small claims court of competent jurisdiction and either party may seek appropriate relief therein.

The parties acknowledge and agree that any action with respect to your infringement or alleged infringement of any Intellectual Property Rights, any action in which Company seeks equitable relief, or any other action that may not be submitted to arbitration under applicable law, including the enforcement of any arbitration ruling, shall be tried by a court of competent jurisdiction located in Williamson County, Tennessee. For that limited purpose, you hereby consent to the jurisdiction of the State of Tennessee and agree that its laws will be used to resolve any disputes hereunder.

20. Class Action Waiver

Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Company 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.

21. Access Restriction

Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this Section.

22. Severability

In the event that any provision of this Agreement is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.

23. Miscellaneous

Company’s performance of the obligations described herein is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Company with respect to such use.

This Agreement, the Terms of Service, the Privacy Policy, and any other document incorporated herein by reference constitute the entire agreement between you and Company with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Company with respect to the Services. A printed version of this Agreement and of any Notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.
This Agreement is non-transferable, and you may not assign your rights and obligations under this Agreement without the express written consent of Company.

If you have any questions regarding your use of the Services or compliance with this Agreement, please contact us at info@traega.com.

24. Copyright Infringement Policy

Company is committed to protecting the rights of copyright rights holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property.

If you are a copyright owner or an agent thereof and believe that any User Generated Content on the Services infringes on your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated agent for copyright claim notifications (“Designated Agent”) with the following information in writing (see 17 U.S.C. §512(c)(3) for further detail):

a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works within the Services are covered by a single notification, a representative list of such works that appear within the Services;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
d. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement under penalty of perjury that the information in the notification is accurate, and you are the owner of, or authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.

Company will process any notices of alleged copyright infringement and will take appropriate actions as permitted under the DMCA. Upon receipt of notices complying with the DMCA, Company will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
The Designated Agent can be reached at: dmca@traega.com.

25. DMCA Counter Claims

Company may notify the owner or administrator of the affected User Generated Content so that he or she can make a counter-notification pursuant to his or her rights under the DMCA. If you receive such a notice, you may provide counter-notification in writing to the Designated Agent. To be effective, the counter-notification must be a written communication that includes the following:

a. Your physical or electronic signature;
b. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
c. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
d. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Company may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

26. For EU/UK Residents: Right of Withdrawal

a. Right of Withdrawal: Pursuant to the EU Consumer Rights Directive (the “Directive”) All Users who are residents of the European Union or United Kingdom have a right to withdrawal from any purchase of the Game or other goods or services, whether digital or physical (collectively “Goods”) made via the Services, for any reason. For any Goods that you purchase online, you agree that the withdrawal period will expire upon the sooner of fourteen (14) days after you purchase the Goods or 14 days after you download such Goods. For any physical Goods, your right to withdrawal will expire 14 days after you take possession of the Goods.

To exercise the right of withdrawal, you must provide us an unequivocal statement that you wish to withdrawal from the purchase and no longer access or have use of the applicable Goods within the Services. Specifically, your statement must provide:

1) Date of request.
2) Your name and address (if sent request sent my physical mail) and the name of your Account.
3) The following statement: “I hereby give notice of my decision to withdrawal from the purchase of the following (Good(s) that you purchased, along with the date of purchase).
4) Please sign the form if you send your request via physical mail and not via the automated form.
To exercise your Right of Withdrawal, you may submit your statement directly to us at: https://www.traega.com/right-to-withdrawal/.

b. Effects of Right of Withdrawal: In the event you exercise your right of withdrawal we will, within 14 days of the request reimburse all payments received from you with respect to the applicable Goods, provided that if you made use of the Goods, we may deduct from the reimbursement an amount proportional to such use. We will reimburse you via the same means of payment that you used for the initial transaction. For any physical Goods, we may withhold reimbursement until we receive the applicable goods. You must return all physical Goods within 14 days of your request to receive reimbursement and you will be responsible for all associated shipping and handling costs. Please note that, upon your exercise of the Right to Withdrawal, your Account will no longer have access to the applicable Goods in any form of the Services.

c. Exceptions of the Right to Withdrawal: You acknowledge and agree that, pursuant to the Directive, your right to withdrawal will not apply in the following circumstances, among others:

1) Service contracts after the service has been fully performed if the performance has begun with your prior express consent, and with the acknowledgement that you will lose his right of withdrawal once the contract has been fully performed;
2) Any Goods that are made to your specifications or are personalized;
3) Any Goods that, after delivery, according to their nature, are inseparably mixed from other items;
4) The supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
5) The supply of digital Goods which are not supplied on a tangible medium if the performance has begun, subject to your prior express consent and acknowledgment that you thereby lose your right of withdrawal.