1. A few important notices—arbitration, refunds, class actions and damages

US residents - We want to be super upfront about three important things: First, by using our services you are agreeing to arbitrate almost all disputes rather than have them heard in a court of law or by a jury. Second, if you are in the US you are agreeing not to participate in a class action lawsuit against us. Third, unless otherwise stated herein and to the extent allowed by law, all purchases are non-refundable.

IMPORTANT NOTICE REGARDING ARBITRATION FOR PLAYERS IN THE UNITED STATES: PLEASE REVIEW CAREFULLY SECTION 22 “DISPUTE RESOLUTION” BELOW, UNDER WHICH YOU ARE AGREEING TO RESOLVE ANY DISPUTE BETWEEN YOU AND US (WITH LIMITED EXCEPTIONS) THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT AND TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF THIS ARBITRATION AGREEMENT IN SECTION 22.

IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT INSTALL, COPY, OR USE OUR SERVICES. WE DO NOT NORMALLY OFFER REFUNDS, EXCEPT WHERE EXPRESSLY AUTHORIZED BY US (SEE SECTION 10 FOR EXCEPTIONS), OR WHERE REFUNDS ARE REQUIRED UNDER LOCAL LAW.

OUR EULA MAY ALSO CONTAIN COUNTRY-SPECIFIC ADDENDA THAT APPLY TO YOU BASED ON THE JURISDICTION IN WHICH YOU RESIDE. To see additional terms applicable to you (which constitute part of this agreement and may supersede these terms), please check the country-specific language on the EULA website.

2. What is this document? When can I play?

This is the agreement between you and us for our services you download or access, whether that’s a game, something that supports the game, or something else. You can only use these things once you agree to these terms.

You are now reading our End User License Agreement (“EULA”) which is a legal agreement between you and Proxima Beta Pte. Limited (“we”, “us”, “our”, as appropriate) regarding the Services you use from us. “Services” mean collectively, and sometimes individually, the following: (a) each of our Games, and (b) any websites, software or other services we provide with or in support of the Game, whether or not they are installed or used on a computer, console, or a mobile device. “Game” means our game that you download and access that is subject to this EULA, regardless of where you download and/or access it, and any documentation, software, updates, Virtual Goods and Content (each defined below) included in it.

We’ve tried to be straightforward in this EULA, and if you have any questions feel free to send us a note at service@playdeltaforce.com (our “Support Email Address”). You’ll notice that we added some text in italics throughout the EULA to make it easier to read; however, this text is provided for guidance only, and does not form part of the EULA.

3. Defined Terms

You’ll notice some capitalized terms in this EULA. They’re called “defined terms,” and we use them so we don’t have to repeat the same language again and again, and to make sure that the use of these terms is consistent throughout the EULA. We’ve included the defined terms throughout because we want it to be easy for you to read them in context.

4. Additional Terms

Some Services may be available (or only available) through accessing (or downloading from) a third-party platform or store, including but not limited to, Facebook, the Epic Games Store, Steam game platform, the Google Play Store and Apple App Store (each, an “App Store”). Your use of the Services is also governed by any applicable agreements you have with any App Store (the “App Store Agreement(s)”). In the event of a conflict between any other App Store Agreement(s) from which you acquire one of our Games and this EULA with respect to your use of the Services, this EULA will take priority.

The collection of information from you and related to the Services (whether obtained through an App Store or not) is governed by our Privacy Policy at https://www.playdeltaforce.com/privacy-policy.html. Our Privacy Policy explains how we collect, use, and disclose information that we collect from and about you.

5. Eligibility and Registration

The Services we offer have certain age restrictions. Others may require an outside account. When you give us information, you need to make sure it stays up to date. Also, don’t share your account with others without our permission.

(a) Age. To create a Game Account (as defined below) and access some of our Services, you must be at least the minimum age for consenting to personal data collection under the law in your jurisdiction. If you are between the minimum age for personal data collection and age of majority in your jurisdiction, your parent or guardian must review this EULA and accept it on your behalf. Parents and guardians are responsible for the acts of their children under 18 years of age when using our Services.

We may allow a minor under the minimum age for personal data collection to register for certain Services with the verified consent of a parent or legal guardian. The parent/legal guardian may be asked to provide additional documentation or perform additional actions as part of the verification and approval process as consistent with applicable law. We recommend that parents and guardians familiarize themselves with parental controls on the devices they provide their child.

(b) Account Creation. To access parts of a Game, you may need to create an in-game account (your “Game Account”). Your Game Account, if applicable, is separate from any account you may have with any App Store (your “App Store Account”). You may be able to create your Game Account using an existing account you have with us or your email address. To the extent you create your Game Account through the use of a third-party account (for example, your account with Facebook or Google), we may access certain personal information that this third party provides to us such as your email address and name to help create your Game Account. Further information about use of third-party accounts is provided in the Privacy Policy at https://www.playdeltaforce.com/privacy-policy.html. Please note that you may also be able to play the Game without creating a Game Account, but you may not be able to access certain parts of the Game, and your Game data may be deleted if you uninstall or otherwise delete the Game.

(c) Keep Your Information Current. It’s important that you provide us with accurate, complete and up-to-date information for your Game Account and you agree to update such information to keep it that way. If you don’t, we may suspend or terminate your Game Account. You agree that you will not disclose your Game Account password to anyone and will notify us immediately of any unauthorized use of your Game Account. You are responsible for all activities that occur under your Game Account, whether or not you know about them. If you believe that your Game Account is no longer secure, then you must immediately notify us at our Support Email Address.

(d) No Account Sharing. You may not sell, resell, rent, lease, share or provide access to your Game Account to anyone else. We reserve all available legal rights and remedies to prevent unauthorized use of our Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

(e) No False Accounts. You may not create a Game Account for anyone else or create a Game Account in a name other than your own.

6. License and Use of the Services

As long as you agree to this EULA (and as long as the EULA isn’t terminated—see Section 21), we grant you permission to access and use our Services. If you break the rules or can’t agree, we can’t let you play. Please ensure your system and devices meet the minimum requirements for the Game. Also, if you suffer from an epileptic condition, please talk to a doctor before playing the Game.

(a) License Grant. So long as you comply with this EULA and, as applicable, the App Store Agreement(s), we grant you the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to (i) download and install the Game on the device permitted by the App Store Agreement(s) (if applicable), and (ii) access and use the Services, including any Content, for your personal entertainment purposes leveraging only the functionality of the Game and Services. We and our licensors reserve all rights not granted to you in this EULA. “Content” means all artwork, titles, themes, objects, characters, names, dialogue, catch phrases, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, Virtual Goods (defined in Section 9) and any other content within the Services. Content also includes anything generated, created, or that is otherwise developed within the Services by any user (including you) as a result of interaction with the functionality of the Services. We also grant you a limited license to make gameplay videos for certain Games, specified on the Services provided that you agree that all such gameplay video activity is subject to your agreement to and pursuant to our Streaming Policy in Schedule C-1. We may, in our sole discretion, remove, edit or disable any Content for any reason.

(b) Content You Create Outside the Services. “User Content” means any Content that you (or other Game Account holders) create or obtain outside the Services that you or another user makes available within the Services. To be clear, if Content is created within the Services, it is not User Content; only Content created or obtained from outside the Services that a user then makes available within the Services is User Content. By making any User Content available through the Services you hereby grant to us the following license: a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services and Content to you and to other users of the Services. Except to the extent prohibited by law, you waive the benefit of any “moral rights” or “droit moral” or similar rights in any country to any User Content. We may, in our sole discretion, remove, edit or disable any User Content at any time and for any reason, including if we determine that the User Content violates this EULA. We do not assume any responsibility or liability for User Content, for removing it, or not removing it or other Content. We do not pre-screen or review any User Content and do not approve or endorse any User Content that may be available on the Services or our other services.

(c) Service Limits Based on Where You Live. We may restrict, modify, or limit your access to and use of certain Content, Virtual Goods, an entire Game, or any or all of the Services depending on the territory in which you are located. Without limiting the foregoing, Content, Virtual Goods, entire Games, or the Services may not be available (in whole or in part) where you are located or may only be available in a modified version, if they do not comply with the laws which apply in your country.

(d) Retail Purchase. We may offer codes or product keys that can be activated in a Game or used to activate a Game on the App Store. Subject to foreign exchange control regulations applicable in your jurisdiction, such codes or keys must be purchased (or otherwise obtained legally) through us or one of our authorized retailers to be valid. If you purchase such a code or key from a third party, that third party is responsible for addressing any issues you have with these codes or keys. Subject to applicable law, we will have no responsibility for these codes or keys purchased from any third party or if any purchase occurred in breach with any applicable foreign exchange control regulations.

(e) Minimum Requirements. The Game may have minimum requirements for the devices and systems on which you wish to play the Game. We may publish these minimum requirements on the applicable website and/or otherwise notify you in writing. For an optimal experience, please ensure that your devices and systems will meet these requirements before playing the Game.

(f) Seizure Warning. The Game may contain flashing lights, images, and other luminous stimulations which may induce epileptic seizures in certain individuals. If you or anyone in your household has an epileptic condition, please consult your doctor before playing any Game. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing, please immediately discontinue playing the Game and consult your doctor.

7. Player Conduct

We strive to make all of our players and users feel safe and welcome when using our Services and playing our games and we want everyone to play by the same rules. So, if you use our Services as intended, without cheating, being abusive, disruptive or disrespectful, or being unfair, you are probably in the clear, but please read all of the terms of this EULA carefully to be sure.

You agree not to do any of the following with respect to the Services, as determined by us, as applicable:

(a) use them commercially, for a promotional purpose, or for the benefit of any third party or in any manner not permitted by this EULA;

(b) use, or provide, any unauthorized third-party programs that intercept, emulate, or redirect any communication between the Services and us or that collect information about the Game;

(c) use, or provide ancillary offerings to anyone, that are not offered within the Services by us (or the functionality of the App Store), such as hosting, “leveling” services, mirroring our servers, matchmaking, emulation, communication redirects, mods, hacks, cheats, bots (or any other automated control), trainers and automation programs that interact with the Services in any way, tunneling, third party program add-ons, and any interference with online or network play;

(d) access or use them on more than one device at a time;

(e) copy, reproduce, distribute, display, mirror, frame or use them (or any of our other materials, intellectual property, or proprietary information) in a way that is not expressly authorized in this EULA;

(f) sell, rent, lease, license, distribute, or otherwise transfer the Services, Game or any Content, including, without limitation, Virtual Goods or Game Currency, including participating in or operating so called “secondary markets” for Virtual Goods, Game Currency or Content;

(g) attempt to reverse engineer (except as otherwise permitted by applicable local law), derive source code from, modify, adapt, translate, datamine, decompile, or disassemble or make derivative works based upon the Services or any Content;

(h) remove, disable, circumvent, or modify any technological measure we implement to protect them or any of their associated intellectual property;

(i) create, develop, distribute, or use any unauthorized software programs to gain advantage in any online or other game modes or otherwise Cheat (as defined below);

(j) attempt to probe, scan or test its vulnerability or breach any security or authentication measures;

(k) access, tamper with, or use non-public areas of the Services;

(l) trespass, or attempt to gain access to a property or location where you do not have permission to be or engage in any activity that may result in injury, death, property damage, nuisance or other liability;

(m) upload, publish, submit or transmit any User Content, create a user name or account name, or otherwise engage in any behavior that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, contractual rights, moral rights or other intellectual property rights, or rights of publicity or privacy, or any other rights of third parties; (ii) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is grossly harmful, racially or ethnically objectionable, disparaging, blasphemous, libelous, defamatory, obscene, pornographic, paedophilic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent, bullying, or threatening or promotes violence, money laundering or gambling, terrorism, or actions that are threatening or disrespectful to any person or entity; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities or substances;

(n) engage in any behavior that: (i) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (ii) is fraudulent, false, misleading or deceptive, including “trolling;” (iii) is defamatory, obscene, pornographic, vulgar or offensive; (iv) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (v) is disruptive to the Game, App, its users or user community, is violent, bullying, or threatening or promotes violence, terrorism, or actions that are threatening or disrespectful to any person or entity; or (vi) promotes illegal or harmful activities or substances;

(o) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services or any of its users;

(p) collect or store any information that could be used to identify an individual, either itself or combined with other information, from the Services from other users of the Services without their express permission;

(q) behave in a manner which is detrimental to the enjoyment of the Services by other users as intended by us, in our sole judgment, including, without limitation, harassment, use of abusive or offensive language, game abandonment, game sabotage, spamming, behaving in a disruptive manner, social engineering, or scamming, or contrary to public morals or public policy;

(r) impersonate or misrepresent your affiliation with any person or entity, or deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(s) use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on the Services or for any other purpose;

(t) play on another person’s Game Account to “boost” that Game Account’s status, level or rank;

(u) use the Services in any way that would affect us adversely or reflect negatively on us or the Services or discourage any person from using all or any portion of the features of the Services;

(v) encourage, promote, take part in or enable anyone else to do any of the foregoing; or

(w) violate any applicable law or regulation.

If you encounter another user who is violating any of these rules, please report this activity to us using the “Report Abuse” function in the relevant Game or part of the Service, if available, or contact us at service@playdeltaforce.com.

8. Ownership of the Services

Our Service including our Content and Games is owned by us or our licensors. Our Services may let you upload, post and store photos and other content that you own. You retain your ownership of this content, to which we take a license.

We and our affiliates and licensors own all title, ownership and intellectual property rights in the Services. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. You understand and agree that you have no ownership interest in the Services or any Games or Content therein. The Services (and particularly our Games) may have built-in mechanisms designed to prevent granting one user an unfair advantage over other users (these actions are “Cheating” and the software is the “Cheat Detection Software”). We may add or update our Cheat Detection Software periodically as we may require in our sole discretion. The Services and/or the Cheat Detection Software may collect and transmit details about your Game Account, gameplay, and unauthorized programs or processes in connection with Cheating, subject to our Privacy Policy and applicable law. In the event that we in our sole discretion conclude that you are Cheating, you agree that we may exercise any or all of our rights under this EULA, including termination of this EULA and your access to our Services. In addition, if you Cheat in one Game or Service, we may terminate your license to use all of our Games and Services.

Although we are not obligated to monitor access to or use of the Services or to review or edit any Content, we have the right to do so for the purpose of operating and publishing the Services, to ensure compliance with this EULA, to protect the health or safety of anyone that we believe may be threatened, to protect our legal rights and remedies, to report a crime or offensive behavior, or to comply with applicable law. We may (but don’t have to) remove or disable access to any Content, at any time and without notice. We may (but don’t have to) investigate violations of this EULA or conduct that affects the Services.

9. Virtual Goods and Game Currency

We may offer you some cool features in our games for which you must pay. We need special permission to charge your payment method. These features are owned by us.

(a) Purchasing or Obtaining Virtual Goods and Game Currency. Subject to applicable foreign exchange control regulations in your jurisdiction, we may offer certain upgrades and options within our Games that you can buy with real world currency, including, but not limited to, in-game currency where permitted under applicable law (“Game Currency”), character skins, mounts and vehicles, digital cards, experience boosts, gear and other customizations for your in-Game characters, and other such digital add-on items that may improve your Game experience in some way (“Virtual Goods”). Except as otherwise communicated to you within the functionality of the Game, Game Currency and Virtual Goods are not transferable from one Game to another. You may also be able to obtain certain Virtual Goods and Game Currency without making a purchase, such as an in-Game award. When you purchase Game Currency, Virtual Goods, or a Game itself (each, a “Transaction”), your purchase will be made through the functionality available through the App Store or other platforms we make available to you. Prior to making a Transaction, you should make sure you fully understand the agreement that covers your Transaction, whether that agreement is an App Store Agreement or another payment platform agreement (like our WeGame Platform or a third-party payment processor’s terms). There may be limits to the quantity and number of times you can purchase Virtual Goods, Game Currency, or other aspects of your Transaction. For example, there may be a maximum amount of Game Currency you are able to hold (in-Game) or purchase at a given time, or a maximum number of Transactions you may make per day; these additional restrictions may be communicated to you via the functionality of the Services. We may, from time to time, modify, amend, or supplement our fees, billing methods and terms applicable to Game Currency, Virtual Goods or to any purchases, and post those changes in this EULA, in separate terms and conditions or in other terms or agreements posted on the applicable website or as part of the Game or otherwise provided to you by us. Except where prohibited by law in your jurisdiction, such modifications, amendments, supplements or terms shall be effective immediately upon posting and shall be incorporated by reference into this EULA. If any change is unacceptable to you, you may terminate the use of your Game Account at any time.

(b) Your License to Virtual Goods and Game Currency. Virtual Goods and Game Currency are digital items and your use of them is governed by this EULA and the App Store Agreement(s). VIRTUAL GOODS AND GAME CURRENCY HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. VIRTUAL GOODS AND GAME CURRENCY ARE NON-TRANSFERABLE AND NON-TRADABLE, IN WHOLE OR PART, AND ARE NOT PROVIDED FOR INVESTMENT PURPOSES. Virtual Goods and Game Currency are licensed, not sold. Provided you comply with the terms of this EULA and the App Store Agreement(s), we grant you the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to use any Virtual Goods or Game Currency you gain access to, whether purchased or otherwise obtained, solely in connection with your use of the Game in question and within the Game (unless we otherwise communicate to you that you may use them in multiple Games) and for no other purpose. Unless, expressly permitted by us in a specific Game, you may not trade any such Virtual Good or Game Currency with others. We may cancel, revoke, or otherwise prevent the use of Virtual Good or Game Currency if we suspect any unauthorized or fraudulent activity, and/or to correct any erroneous application of any Virtual Goods or Game Currency to your Account.

(c) Changes to Game Currency and Virtual Goods. Except as otherwise prohibited by applicable law, we, in our sole discretion, may modify, substitute, replace, suspend, cancel or eliminate any Game Currency or Virtual Goods, including your ability to access or use Game Currency or Virtual Goods, without notice or liability to you, such as if we need to temporarily suspend the Game to make updates, have an emergency that requires us to disable our Services, or if we need to ultimately shut a Game down for economic or other reasons due to a limited number of users continuing to make use of the online Service over time. YOU AGREE THAT YOU WON’T ASSERT OR BRING ANY CLAIM AGAINST US, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS (THE “COMPANY PARTIES”) RELATING TO (A) A CLAIM THAT YOU HAVE A PROPRIETARY INTEREST IN ANY GAME CURRENCY OR VIRTUAL GOODS; OR (B) A CLAIM FOR AN ALLEGED MONETARY VALUE OF GAME CURRENCY OR VIRTUAL GOODS LOST UPON (I) DELETION OR SUSPENSION OF YOUR ACCOUNT, (II) ADJUSTMENTS TO THE GAME THAT RESULT IN THE VALUE OF VIRTUAL GOODS OR GAME CURRENCY CHANGING, OR (III) MODIFICATION, TERMINATION OR EXPIRATION OF THIS EULA.

10. Refunds

Subject to applicable law (including as described in each country-specific addendum below), or App Store policy, (i) all Games, Virtual Goods and Game Currency remain our property, have no monetary value and are not redeemable, refundable, or eligible for any other alternate remedy for any “real world” money or anything of monetary value, unless they are defective, unavailable, or do not perform in accordance with the specifications we provide; (ii) we may revoke your license to such Games, Virtual Goods and/or Game Currency at any time consistent with this EULA without notice or liability to you; and (iii) except where the law in your jurisdiction provides a right of withdrawal that cannot be waived by contract, by purchasing and using any Games, Virtual Goods and/or Game Currency, you hereby waive your right to withdraw from your agreement to purchase the applicable Game, Virtual and/or Game Currency and you agree that you will therefore not be eligible to receive a refund (or any alternative remedy) in relation to such Game, Virtual Good and/or Game Currency. Additionally, you hereby agree that any withdrawal right expires immediately upon purchase and delivery of your Game, Virtual Good and/or Game Currency, unless the law in your jurisdiction provides otherwise. This section does not affect your statutory rights.

11. Beta Testing

From time to time we may offer a beta version of one of our Services (a “Beta”). As the name implies, Betas are not commercial launch versions, are not guaranteed to work properly, and may make other parts of your system not work properly as well. For the license granted to you in Section 6 above to extend to the Beta (meaning, for you to have permission to use the Beta), you acknowledge and agree to the following terms in addition to the rest of this EULA:

(a) We may automatically delete or modify the information stored on your computer related to the Beta for any reason at any time during the duration of the Beta test;

(b) We may terminate the Beta test at any time, which would then render your Beta unplayable or unable to function properly. When we terminate a Beta, you must delete the local Beta instance on your computer and all documents and materials you received from us in connection with the Beta;

(c) Use of a Beta is subject to confidential treatment of that Beta and all elements thereof. "Confidential Information" means any information disclosed by us to you, or accessed or provided by you, in relation to the Beta (including any feedback provided and the Game itself). You agree that you will:

(i) not use any Confidential Information other than as necessary to use the Beta in accordance with this EULA;

(ii) maintain Confidential Information in strict confidence and use the same degree of care to protect it as you use to protect your own confidential information, but in no circumstances less than reasonable care;

(iii) not disclose the Confidential Information to any person or entity other than as permitted by us; and

(iv) not make any public announcements related to Beta or the Service, including publishing or disclosing any information (e.g. screenshots and specifications) relating to the Beta, without our prior written approval, which we may grant or withhold in our sole discretion.

(d) Termination of a Beta by us is not grounds for any kind of refund and your participation in a Beta does not entitle you to any compensation or any free Services, including any Content and Game Currency; and

If and when we release a full (non-Beta) version of the particular Game and we may allow your use of the Game to continue to the full version. If so allowed by us, your continued use of the Game will no longer be subject to this Section 11 but will still be subject to the rest of this EULA.

12. App Store; Console Games

If a Game is made available to you via an App Store, or if you play a Game on a console, then additional terms may apply.

Where a Game is made available to you via an App Store (whether on your mobile device or console) you acknowledge and agree to the terms in Schedule B-1 with respect to such Game.

13. Feedback

We’d love to hear your feedback, good or bad. It helps us improve! But if you give us feedback, we need to be free to use it how we want and without paying you.

We welcome your feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at service@playdeltaforce.com or via the functionality of the Services (if available). If you provide us with any Feedback, you hereby grant us the following license: a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, distribute copies of, publicly perform, publicly display and otherwise exploit the Feedback for any purpose and in any country. This license does not lapse or expire even if we do not exercise our rights under this license within a period of one year. If you have rights in the Feedback that cannot be licensed to us under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert those rights. You understand and agree that you are freely giving your Feedback, that we don’t have to use it, and that you will not be compensated in any way for your Feedback. You represent and warrant that you have rights in any Feedback that you provide to us sufficient to grant us and other affected parties the rights described above, including, without limitation, intellectual property rights or rights of publicity or privacy.

In posting such Feedback, you warrant that your feedback is in compliance with this EULA and you will not use obscene or offensive language or submit any material that is, or may potentially be, defamatory, abusive or hateful, an invasion of anyone's privacy, harmful to other users, or in breach of any applicable law.

14. DMCA/Copyright Policy

We respect copyright law and expect our users to do the same. It’s our policy to terminate in appropriate circumstances Game Accounts of users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

15. Third-Party Websites and Resources

Outside links are for your convenience, but we can’t guarantee them.

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

16. Data Charges and Mobile Devices

This is a reminder that you’re responsible for any data-related charges that you may incur for using our Services.

You are responsible for all data-related charges that you may incur for using our Services, including, without limitation, mobile, text-messaging, and data charges. You should understand or ask your service provider what charges you may incur before using the Services.

17. Service and EULA Modifications

When we update this EULA, you need to agree to the updated version to keep using our Services. We also need the freedom to update any part of the Services whenever we see fit, so we are letting you know we can do so at any time.

We may (but don’t have to) update this EULA at any time whenever we think there is a need. Subject to applicable law, if we do so, you will be prompted to agree to the updated EULA upon your next access to the Services or when the updated EULA is otherwise communicated to you. You must agree to these updates to continue using the Services.

We may provide patches, updates, or upgrades to the Services that must be installed in order for you to continue to use the Services. We may update the Services remotely without notifying you, and you hereby consent to us applying such patches, updates, and upgrades. If your device can prevent automatic updates, you may not be able to access the Services until you manually update the Services yourself on your device. We may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Services at any time. Subject to applicable law, you acknowledge that any character data, game progress, game customization or other data related to your use of any particular Game and other elements unique to the Services may cease to be available to you at any time without notice from us, including, without limitation, after a patch, update, or upgrade is applied by us. You agree that we do not have any maintenance or support obligations with respect to the Services.

Subject to applicable law, we may change the price of the Services, Games, Virtual Goods, Game Currency or Content, at any time, for any reason, without notice or liability to you.

18. Warranty Disclaimers

We don’t make any guarantees about the Services.

TO THE MAXIMUM EXTENT PERMITTED BY LAW THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY PARTIES EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. The Company Parties make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The Company Parties make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Services.

19. Limitation of Liability

This section limits what you can recover from us in a dispute.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY PARTIES WILL NOT BE LIABLE IN ANY WAY FOR ANY:

(a) LOSS OF PROFITS,

(b) LOST REVENUE,

(c) LOST SAVINGS,

(d) LOSS OF DATA, OR

(e) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES,

ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE SERVICES, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE SERVICES, EVEN IN THE EVENT OF ONE OF A COMPANY PARTY’S FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF THAT COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY PARTIES ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE SERVICES WILL NOT EXCEED: (A) THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) OR ARE PAYABLE BY YOU TO US FOR THE PARTICULAR GAME OR SERVICE IN QUESTION DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY; OR (B) IF (A) DOES NOT APPLY, FIFTY DOLLARS ($50 USD). THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.

Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this EULA will prejudice such rights that you may have as a consumer of the Services.

20. Indemnity

If someone sues us based on your breach of this EULA or your access or use of the Services, you agree to defend us or pay for our defense in that lawsuit.

You agree to indemnify (in other words, compensate for all and any losses incurred), pay the defense costs of, and hold the Company Parties and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees, costs, and expert witnesses’ fees) that arise out of or in any way are connected with: (a) your access to or use of the Services; or (b) any claim that, if true, would constitute a breach by you of this EULA. You agree to reimburse us for any payments made or loss suffered by us, whether in a court judgment or settlement, based on any matter covered by this Section 20.

21. Termination

We reserve the right to terminate this EULA as we see fit in accordance with the applicable law. Reasons we may terminate this EULA include, but are not limited to: if we wind down our game offerings in your region, if you violate this EULA, or if the App Store terminates your App Store Account.

To the fullest extent consistent with applicable law, we may suspend, modify or terminate your access to and use of the Services, including any Game, Virtual Goods, and Content, with no liability or notice to you in the event that (a) we cease providing the Game to similarly situated users generally; (b) you breach any terms of this EULA (including the App Store Agreement(s) and our other policies specified in this EULA); (c) the owner of the applicable App Store terminates your App Store Account; or (d) we otherwise deem it necessary to suspend or modify your access to and use of the Services or terminate this EULA in our sole discretion. You may also terminate this EULA by deleting and uninstalling the Game on any and all of your devices or by deleting your App Store Account. A suspension or modification of your access to and use of the Services will result in your inability to access and use some or all features of the Services, as determined by us in our sole discretion. Upon any termination of this EULA, the rights granted to you will automatically terminate, you may no longer exercise any of those rights or this EULA. Subject to applicable law, we may, in our sole discretion, provide continued access to and use of the Services after such termination.

Where required by applicable law, termination of this EULA does not require a court decision to affect termination or a notice served by a court bailiff as a prerequisite to termination.

Except to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not this EULA has been terminated.

The following sections will survive termination of this EULA: 8 (first two sentences only), 13, 19, 20, 22 through 25, and this sentence of Section 21.

22. Dispute Resolution and Governing Law – United States

This section applies if you live in and/or access, use, or purchase the Services in the United States.

With limited exceptions, any Dispute will be resolved solely by final and binding arbitration. You and we agree that we are each waiving the right to a trial by jury.

(a) Mandatory Arbitration of Disputes . We each agree that any and all Disputes between us (except those expressly specified below in Section 22(b)) shall be resolved exclusively through final and binding arbitration in accordance with the terms of this Section 22. A “Dispute” means any dispute, controversy, or claim arising out of or relating in any way to this EULA, the Services, or your relationship with us, regardless of whether it is based in contract, statute, regulation, ordinance, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. This Section 22 shall govern any and all Disputes between us, without limitation—including any Disputes that arose, accrued, or were asserted before the effective date of this EULA (including this version of Section 22)—irrespective of whether the Disputes are based on past, present, or future events and irrespective of whether substantially similar Disputes were previously asserted by any other party. WE EACH WAIVE THE RIGHT TO BRING SUCH DISPUTES TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL, WHERE APPLICABLE.

(b) Exceptions. As limited exceptions to Section 22(a) above:
(1) Instead of initiating an arbitration, either of us may seek to resolve a Dispute in small claims court in the county in which you reside if the small claims court has jurisdiction (which issue should be decided by that court);
(2) Either of us may seek injunctive or other equitable relief from a court to enjoin the infringement or misappropriation of intellectual property rights;
(3) A court may enter injunctive relief to enforce pre-filing requirements as provided below in Section 22(c) (Informal Dispute Resolution);
(4) A court may enforce the dispute resolution process for coordinated filings as specified below in Section 22(g) (Coordinated Filings);
(5) Either party may opt out of arbitration and proceed in court after global mediation of Mass Arbitrations fails as expressly provided below in Section 22(g) (Coordinated Filings);
(6) A court may enjoin the filing of an arbitration seeking to apply a prior arbitration agreement as provided below in Section 22(l) (Opt-Out of Modifications); and
(7) The entitlement to and extent of public injunctive relief must be litigated in court as provided below in Section 22(i) (Arbitration Award and Injunctive Relief).

Before any arbitration proceeding may be commenced, you and we agree to first attempt to resolve our Dispute informally. Any Dispute shall be dismissed if an arbitration was filed without fully and completely complying with these informal dispute resolution procedures.

(c) Informal Dispute Resolution. Before any arbitration proceeding may be commenced, we each agree to first attempt to resolve any Dispute informally, through good faith negotiation, for at least sixty (60) days. If you have a Dispute with us, you must first send us a written notice of your Dispute (“Notice of Dispute”) to the following email address: service@playdeltaforce.com. Your Notice of Dispute must be individual to you and must include your game user ID (“User ID”, a unique number used to identify your account, not your username or alias), your name, and both the mailing address and email address you would like us to use to contact you. If we have a Dispute with you, we will send a Notice of Dispute to the contact information we have in our files for you. A Notice of Dispute submitted by either you or us must (a) describe the nature and basis of the Dispute; and (b) set forth the specific amount of damages or other relief sought. A Notice of Dispute will not be valid and will not allow you or us later to commence an arbitration proceeding unless it contains all of the information required by this paragraph. The sixty (60)-day informal dispute resolution period shall run from the date on which either you or we receive a Notice of Dispute that complies with all of the requirements of this paragraph.

We each agree that during the sixty (60)-day informal dispute resolution period, we will personally meet, via telephone or videoconference, in a good-faith effort to negotiate and resolve informally any Dispute. If you are represented by counsel, your counsel may participate in such a meeting, but you also agree to fully participate in person in the conference. If you choose to have your counsel attend the conference, our counsel may also attend the conference, but we will have a company representative fully participate in person in the conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this Section 22(c).

We each agree that neither of us may commence any arbitration proceeding against the other unless you and we are unable to resolve the Dispute within sixty (60) days after one party receives the other party’s compliant Notice of Dispute and the party sending the Notice of Dispute has made a good faith effort to resolve its claim directly with the other party during that time, including meeting personally via telephone or videoconference, as required by this Section 22(c). You and we agree that any arbitration proceeding shall be dismissed if it was filed without fully and completely complying with these informal dispute resolution procedures. In particular, you and we agree that if either of us proceed to arbitration without first having sent a compliant Notice of Dispute and negotiating in good faith (including meeting personally via telephone or videoconference) to resolve the Dispute in accordance with this Section 22(c), the arbitration provider has no jurisdiction over the Dispute and shall administratively close the Dispute. If the arbitration provider fails to close such Dispute, a court may enter injunctive relief to enforce the pre-filing requirements of this Section 22(c), including an injunction to stay any arbitration that has been commenced in violation of this Section 22(c).

The JAMS Arbitration Rules, including its fee schedule, will apply, except as modified by this EULA. The arbitrator and not a court will decide what Disputes are subject to arbitration, and whether this agreement to arbitrate is enforceable. Demands for Arbitration must include your User ID, be personally signed, and comply with filing standards.

(d) Arbitration Institution and Rules. Except as otherwise provided in Section 22(b), if you and we are unable to come to an informal resolution under Section 22(c), you and we agree to binding individual arbitration administered by Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its Streamlined Arbitration Rules and Procedures, available at https://www.jamsadr.com/rules-streamlined-arbitration/ , or, if applicable, its Mass Arbitration Procedures and Guidelines, available at https://www.jamsadr.com/mass-arbitration-procedures . The fees and costs of the arbitration will be borne by both you and us according to the then-applicable JAMS Schedule of Fees and Costs. JAMS may also be reached at 800.352.5267 for further information. The terms in this Section 22 govern to the extent they conflict with JAMS rules.

Any arbitration hearings will take place in the county where you live, unless we both agree to a different location. The arbitrator shall have the authority to consider and grant dispositive motions and will apply the standards of the Federal Rules of Civil Procedure governing such motions. You and we agree that, except as otherwise provided in Section 22(b), the arbitrator, and not any federal or state court or agency, shall have exclusive authority to decide all issues relating to the validity, interpretation, applicability, scope, and enforceability of this agreement to arbitrate, including the arbitrability of any Dispute and any claim that all or any part of this arbitration agreement is void or voidable, to the extent permitted by applicable law.

(e) Demand for Arbitration . A party who wishes to commence an arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the applicable JAMS rules. A Demand for Arbitration must identify the game User ID at issue, which is necessary for proving the existence of an agreement to arbitrate between us; failure to identify the User ID will be understood to mean you and we do not have an agreement. The Demand for Arbitration submitted by either you or us must set forth the claim(s) asserted, factual basis for the claim(s), and relief and/or remedy sought. The Demand for Arbitration must be personally signed by the party seeking arbitration. A failure to follow these filing requirements shall be a basis for dismissal of the Demand for Arbitration, including by a Process Administrator, as defined in JAMS Mass Arbitration Procedures and Guidelines. By signing any Demand for Arbitration, the signing party certifies to the best of its knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the Demand for Arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or analogous state law for either party’s violation of this requirement.

(f) Offer of Judgment . In the arbitration proceedings, a party may serve a written offer of judgment on the other party to allow judgment on specific terms at least 10 days before the date set for the arbitration hearing. If the offer is accepted, the offer with proof of acceptance shall be submitted to JAMS, which shall issue an award accordingly. If the offer is not accepted prior to the arbitration hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration, other than with respect to costs. If the award that the other party finally obtains is not more favorable than the unaccepted offer, then the other party shall pay the reasonable costs incurred after the offer was made, to the extent such cost-shifting is not prohibited by applicable law or JAMS rules, provided that the arbitrator(s) shall have discretion to, in light of the circumstances, release you from the obligation to cover our costs in circumstances of financial hardship.

In the event of mass arbitration filings, cases will be grouped, one group will proceed first, and a global mediation will follow, after which remaining claimants or we may opt out of arbitration.

(g) Coordinated Filings. To the extent permitted by applicable law and notwithstanding any other provision of this Section 22, in the event seventy-five (75) or more claimants represented by the same or coordinated counsel file Demands for Arbitration raising substantially similar Disputes, these coordinated filings are considered “Mass Arbitrations” under JAMS Mass Arbitration Procedures and Guidelines, and you and we agree that the additional procedures in this Section 22(g) shall apply: (1) Arbitration of Bellwether Group: Once counsel representing you in the Mass Arbitrations has submitted at least seventy-five (75) compliant Demands for Arbitration to JAMS and the Process Administrator has heard and determined preliminary and administrative matters in accordance with JAMS Mass Arbitration Procedures and Guidelines and this Section 22, the Process Administrator shall randomly select ten (10) claimants to proceed first as a single consolidated arbitration before a panel of three (3) retired federal judges. After the arbitral panel is appointed, the parties in this initial group of 10 cases (“Bellwether Group”) shall conduct an initial preliminary conference with the arbitral panel, and shall use their best efforts to complete the arbitration of the Bellwether Group within 120 days of the initial preliminary conference.
(2) Global Mediation After Resolution of Bellwether Group: After the resolution of the Bellwether Group, the parties shall engage in a global mediation of all remaining cases with a mediator to be jointly selected by counsel for all parties, and we will pay the mediation fee.
(3) Right to Opt Out After Global Mediation Fails: If the mediation does not yield a global resolution, you and we may, separately or by agreement, opt out of arbitrating the Dispute raised in your Demand for Arbitration and elect to proceed in court. You may opt out by sending to JAMS and to us at service@playdeltaforce.com, within the earlier of sixty (60) days after the start of mediation or thirty (30) days after conclusion of the mediation, your individual written notice of your intention to opt out of arbitrating the Dispute raised in your Demand for Arbitration. For your opt-out to be effective, your written notice must be personally signed by you. We may opt out by sending our written notice to JAMS and to your arbitration counsel, within fourteen (14) days following the expiration of your opt-out period, written notice of our intention to opt out. For our opt-out to be effective, our written notice must be personally signed by a company representative. Counsel for the parties may agree to modify these deadlines. You and we agree that JAMS shall administratively close your case if either of us chooses to opt out.
(4) Court Proceedings for Opt-Out Cases: If your Dispute is brought in court after either party opts out in accordance with the procedures above, the forum and venue of your Dispute shall be governed by Section 22(k) (Forum and Venue). Notwithstanding the class action waiver in Section 22(h), you may seek class treatment to the fullest extent allowed by applicable law, but you and we agree that the putative class(es) you seek shall not include any individual whose Dispute remains subject to arbitration following the opt-out procedures above. You and we agree that unless either of us chooses to opt out with respect to the Dispute raised in your Demand for Arbitration in accordance with the opt-out procedures above, you may not be included in any such putative class sought by other claimants and may not bring your Dispute in court. Similarly, if you never commence an arbitration, you may not be included in any such putative class sought by other claimants and may not bring your Dispute in court.
(5) Stay of Remaining Cases and Tolling: During the pendency of the consolidated arbitration of the Bellwether Group, the global mediation, and the opt-out periods, the remaining cases shall be stayed, arbitrators shall not be appointed for those cases, and applicable statutes of limitations for those cases shall be tolled, and no arbitration fees shall be assessed in connection with those cases.
(6) Arbitration of Remaining Cases Absent Opt-Out: If the mediation does not yield a global resolution and you and we do not choose to opt out of arbitration in accordance with the procedures above, the parties shall cooperate to organize the Demands for Arbitration into randomized groups of 50 claimants each (plus, to the extent there are fewer than 50 claimants remaining, a final group consisting of the remaining claimants), with each group proceeding as a single consolidated arbitration and with one arbitrator presiding over each group. An arbitrator may preside over multiple groups of cases.
(7) Procedures for Grouped Arbitration: For each group of cases that proceeds to arbitration (including the Bellwether Group), the arbitrator(s) shall decide all common issues of fact and law first—including considering and granting dispositive motions under the standards of the Federal Rules of Civil Procedure governing such motions—before proceeding to deciding individual factual and legal issues and issuing individualized final awards. Within each group of cases, discovery shall be consolidated and coordinated. No final award from an arbitrator shall have preclusive effect in another arbitration; an order in a grouped arbitration, however, may be shared for its persuasive value in related grouped arbitration proceedings.

You and we agree that although the resolution of our Disputes may be delayed in some circumstances, the process set forth in this Section 22(g) increases the efficiency of dispute resolution. You and we agree to cooperate in good faith to implement this dispute resolution process for Mass Arbitrations. You and we agree that the parties have a mutual interest in reducing the costs and increasing the efficiency of arbitration, and accordingly, either party may negotiate with JAMS for reduced arbitration fees and for streamlined or other procedures designed to reduce costs and increase the efficiency of arbitration.

A court shall have authority to enforce the process specified in this Section 22(g), including through injunctive relief. To the extent you are asserting the same or similar claims as other persons and are represented by the same or coordinated counsel, for the purpose of a court action permitted under Sections 22(c), 22(g), and 22(l), notwithstanding the class action waiver in Section 22(h), you and we agree that the action may proceed as a single, consolidated action.

You and we agree not to initiate or participate in a class, collective, or representative action and only to bring claims as an individual.

(h) Class Action Waiver . EXCEPT AS EXPRESSLY PROVIDED IN SECTION 22(G) (COORDINATED FILINGS), YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION, OR ANY OTHER ACTION WHERE ANOTHER INDIVIDUAL OR ENTITY ACTS IN A REPRESENTATIVE CAPACITY (E.G., PRIVATE ATTORNEY GENERAL ACTIONS). Further, if the parties’ Dispute is resolved through arbitration, except as expressly provided in Section 22(g) (Coordinated Filings) or unless you and we both agree, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative, collective, or class proceeding. This Section 22(h) does not prevent you or us from settling claims on a class, collective, or representative basis.

The arbitrator may award relief only on an individual basis. Any public injunctive relief (as defined below) sought must be litigated in a civil court after determinations of liability are made by the arbitrator.

(i) Arbitration Award and Injunctive Relief . An arbitrator shall make a decision in writing, which will include the findings and conclusions on which the decision is based. The arbitrator has the authority to issue any relief allowed by applicable law, but the arbitrator shall have no authority to issue any relief on any basis other than an individual basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that a party seeks public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in court and not in arbitration, after all issues of liability are decided by the arbitrator. You and we agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any issues of liability in arbitration.

Delaware law governs our Disputes, except that the Federal Arbitration Act governs everything related to arbitration. You and we agree to the exclusive jurisdiction and venue of federal or state court in California for all Disputes that are not subject to arbitration.

(j) Governing Law . This EULA shall be governed by, and any Dispute between us shall be resolved in accordance with, the laws of the State of Delaware, without regard to conflict of laws provisions, except that the Federal Arbitration Act—and not any state arbitration law—governs everything related to arbitration (including interpretation and enforcement of this Section 22).

(k) Forum and Venue . You and we agree that, for the limited situations expressly identified in Section 22(b) that may or must proceed in court as opposed to arbitration, actions to enforce, challenge, or confirm any arbitral award, and proceedings following a determination by the arbitrator that a Dispute is not arbitrable, the exclusive venue for such proceedings shall be a federal court in the State of California. If those federal courts do not have subject matter jurisdiction, then the exclusive venue shall be a state court in the State of California. You and we consent to the jurisdiction of such California courts for purposes of such proceedings.

You can opt out of modifications made by this arbitration agreement in writing within 30 days. This Section 22 applies in full absent a valid opt-out.

(l) Opt-Out of Modifications . If you have previously agreed to arbitrate with us, you may opt out of the modifications to your prior arbitration agreement made by this Section 22 by sending us written notice no later than 30 days after the effective date of this EULA. Opting out of this Section 22 has no effect on any previous, other, or future arbitration agreements that you may have with us, and all other parts of this EULA will continue to apply to you. To be effective, your written notice must be sent to service@playdeltaforce.com and must include your name, mailing address, User ID, email address, phone number, and an unequivocal statement that you want to opt out of this Section 22. This written notice must be dated and signed by you, and not any attorney, agent, or other representative of yours. Should you not opt out within the 30-day period in accordance with this procedure, you and we shall be bound by the terms of this Section 22 in full, including for any Disputes that arose, accrued, or were asserted before the effective date of this EULA. You and we agree that if you do not opt out in accordance with this procedure but either you or we commence an arbitration and seek to apply an arbitration agreement with us that predates this agreement, either you or we may seek injunctive relief in court, and a court may enter injunctive relief enjoining the filing of arbitration under the prior agreement.

Except for Section 22(h) (Class Action Waiver), if a part of this Section 22 is unenforceable, the rest still applies. This Section 22 survives termination.

(m) Severability . Except for Section 22(h) (Class Action Waiver), if any part of this Section 22 is found to be invalid or unenforceable, the other parts shall still apply. If Section 22(h) (Class Action Waiver) is found to be invalid or unenforceable, then this entire Section 22 shall be void and unenforceable, except for paragraph (j) Governing Law, paragraph (k) Forum and Venue, and paragraph (n) Survival.

(n) Survival . Section 22 survives termination of this EULA.

23. No Assignment

You cannot transfer or assign this EULA to anyone else.

You may not assign or transfer this EULA, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this EULA, without such consent, will be null and void. Notwithstanding the title of this Section, we may freely assign or transfer this EULA without restriction. Subject to the foregoing, this EULA will bind and inure to the benefit of the parties, their successors and permitted assigns.

24. Miscellaneous

This EULA is our whole agreement (no outside promises). The official version is English. If parts of this EULA don’t apply, the rest remains as much as possible. If we don’t enforce part of this EULA, it doesn’t mean we won’t in the future or we won’t enforce our other rights. Also, except for App Stores, no one other than you or us can enforce this EULA.

(a) Entire Agreement. This EULA and any other document or information referred to in this EULA constitutes the entire and exclusive understanding between you and us regarding the Services and supersede any and all prior oral or written understandings or agreements between you and us regarding the Services.

(b) Language. The original language of this EULA is in English; any translations are provided for reference purposes only. To the maximum extent permitted by applicable law, you waive any right you may have under the law of your country to have this EULA written or construed in any other language.

(c) Severability. This EULA describes certain legal rights. You may have other rights under the laws of your jurisdiction. This EULA does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. As noted above, limitations and exclusions of warranties and remedies in this EULA may not apply to you because your jurisdiction may not allow them in your particular circumstance. In the event that certain provisions of this EULA are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions will be enforced only to the furthest extent possible under applicable law and, with the exception of any provisions in Section 22(h), the remaining terms of this EULA will remain in full force and effect.

(d) No Waiver. Your and our actions or inactions will not create any other rights under this EULA except as what is explicitly written within this EULA. Our failure to enforce any right or provision of this EULA will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by one of our duly authorized representatives. Except as expressly set forth in this EULA, the exercise by either party of any of its remedies under this EULA will be without prejudice to its other remedies under this EULA or otherwise.

(e) Your Status. You are not, nor acting on behalf of anyone who is:

a. subject to sanctions or export restrictions maintained by the United Nations, People’s Republic of China, United States (e.g., the Specially Designated Nationals and Blocked Persons List (“SDN List”) or the Entity List), the United Nations Security Council, the United Kingdom (including the Consolidated List of Financial Sanctions Targets), the European Union and any Member State thereof (including the Consolidated List of Persons, Groups and Entities Subject to Financial Sanctions), or any other list of restricted persons maintained by any authority with jurisdiction over you (any person so listed being a “Restricted Person”);

b. operating from or located or resident in a country or territory that is the target of comprehensive sanctions (“Embargoed Territories”).

(f) General Trade Compliance. In connection with your use of the Services, you will comply with all applicable export controls and economic sanctions laws and regulations of the United Nations, People’s Republic of China, United States, European Union, United Kingdom, and other applicable government authorities (collectively, “Trade Laws”). You agree not to engage in any activities in connection with the use of the Services that would violate Trade Laws or that would risk placing us in breach of any Trade Laws. If we have reasons to believe that you are a Restricted Person, are in or a resident of Embargoed Territories, or otherwise engaging in activities that violate Trade Laws or would risk placing us in breach of any Trade Laws, we may, at our sole discretion, take any and all relevant actions, such as requesting you to cease the conduct that violates Trade Laws, disabling or suspending Services, terminating Services with immediate eﬀect, or other remedial actions.

(g) Third-Party Rights. Except as described in Section 12, a person who is not a party to this EULA will have no right under to enforce any of its terms.

25. Contact Information

If you have any questions about this EULA or the Game, please contact us at our Support Email Address.

This is a reminder that you’re responsible for any data-related charges that you may incur for using our Services.

17. Service and EULA Modifications

Subject to applicable law, we may change the price of the Services, Games, Virtual Goods, Game Currency or Content, at any time, for any reason, without notice or liability to you.

18. Warranty Disclaimers

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY PARTIES WILL NOT BE LIABLE IN ANY WAY FOR ANY:

(a) LOSS OF PROFITS,

(b) LOST REVENUE,

(d) LOSS OF DATA, OR

(e) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES,

20. Indemnity

If someone sues us based on your breach of this EULA or your access or use of the Services, you agree to defend us or pay for our defense in that lawsuit.

21. Termination

Where required by applicable law, termination of this EULA does not require a court decision to affect termination or a notice served by a court bailiff as a prerequisite to termination.

Except to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not this EULA has been terminated.

The following sections will survive termination of this EULA: 8 (first two sentences only), 13, 19, 20, 22 through 25, and this sentence of Section 21.

22. Dispute Resolution and Governing Law – United States

This section applies if you live in and/or access, use, or purchase the Services in the United States.

With limited exceptions, a Dispute will be resolved solely by final and binding arbitration. You and we agree that we are each waiving the right to a trial by jury.

(a) Mandatory Arbitration of Disputes . We each agree that any and all Disputes between us (except those specifically exempted below in Section 22(b)) shall be resolved exclusively through final and binding arbitration conducted by the American Arbitration Association (“AAA”). A “Dispute” means any dispute, controversy, or claim arising out of or relating in any way to this EULA or the Services. We each waive the right to bring such Disputes to court, including the right to a jury trial, where applicable.

(b) Exceptions. As limited exceptions to Section 22(a) above:
(i) Instead of initiating an arbitration, either of us may seek to resolve a Dispute in small claims court if it qualifies. If a Dispute qualifies for small claims court, but a party commences an arbitration proceeding, either party may elect instead to have the Dispute resolved in small claims court, and upon written notice of a party’s election, the AAA will administratively close the arbitration proceeding. Any disagreement about whether a Dispute qualifies for small claims court shall be resolved by that court, not by an arbitrator. In the event of any such Dispute, the arbitration proceeding shall remain closed unless and until a decision by the small claims court that the Dispute should proceed in arbitration.
(ii) We each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of intellectual property rights.
(iii) We each retain the right to litigate the entitlement to and extent of public injunctive relief in court (as provided below in Section 22(g)).

If there is a Dispute between us, you and we agree to first attempt to resolve it informally.

(c) Informal Dispute Resolution. If there is a Dispute between us, we each agree to first attempt to negotiate any Dispute informally for at least sixty (60) days before initiating any arbitration (or court proceeding, if any of the exceptions in Section 22(b) applies). If you have a Dispute with us, you must first send us a written notice of your Dispute ("Notice of Dispute"). The Notice of Dispute should be sent to service@playdeltaforce.com. Your Notice of Dispute must be individual to you and must include your game id and both the mailing address and email address you would like us to use to contact you. If we have a Dispute with you, we will send a Notice of Dispute to the contact information we have in our files for you. A Notice of Dispute must (i) describe the nature and basis of the Dispute; and (ii) set forth the specific amount of damages or other relief sought. A Notice of Dispute will not be valid and will not allow you or us later to initiate arbitration or court proceeding, unless it contains all of the information required by this paragraph.

You and we agree that informal efforts to resolve disputes often can result in a prompt and efficient resolution. We therefore agree that, after a Notice of Dispute is sent but before either of us commence arbitration, we will personally meet, via telephone or videoconference, in a good-faith effort to resolve informally any Dispute. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference. Likewise, if we are represented by counsel, our counsel may participate in the conference, but we will have a company representative fully participate in the conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.

We each agree that either of us may not commence any arbitration or court proceeding unless you and we are unable to resolve the Dispute within sixty (60) days after one party receives the other party’s completed Notice of Dispute and the party sending the Notice of Dispute has made a good faith effort to resolve its claim directly with the other party during that time.

The AAA’s Consumer Arbitration Rules, including Rules on costs, will apply, unless modified by this EULA. Arbitration will be near where you live.

(d) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted under AAA’s Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this EULA. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Your Demand for Arbitration must include your game id, which is necessary for proving the existence of an agreement to arbitrate between us. You must provide your game id in your Demand for Arbitration as a condition of commencing an arbitration. Your failure to do so shall be a basis for dismissal of your claim, including by a process arbitrator who is appointed in a mass arbitration, as defined in AAA Mass Arbitration Supplemental Rules (available at https://www.adr.org/sites/default/files/Mass_Arbitration_Supplementary_Rules.pdf)

You and we agree that the arbitrator shall have exclusive authority to decide all issues relating to the validity, interpretation, applicability, scope, and enforceability of this agreement to arbitrate, including the arbitrability of any Dispute.

Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location.

(e) Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, including any fee supplements the AAA issues. If we prevail in arbitration, we are entitled to seek an award of attorneys’ fees and expenses if the arbitrator finds your Dispute frivolous; we will pay all of our attorneys’ fees and costs and won’t seek to recover them from you in all other circumstances. If you prevail in arbitration, you will be entitled to seek an award of attorneys’ fees and expenses to the extent provided under applicable law.

You agree not to initiate or participate in a class action and only bring claims as an individual. Your dispute can’t be combined with other people’s claims.

(f) Class Action Waiver. YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, unless you and we both agree, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.

Except for Section 22(b), the arbitration may only award injunctive relief for the party seeking injunctive relief, and to the extent necessary to provide that relief. Any public injunctive relief sought must be litigated in a civil court after determinations of liability are made by the arbitrator.

(g) Injunctive and Declaratory Relief. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that a party seeks public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in court and not in arbitration, after all issues of liability are decided by the arbitrator. You and we agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any issues of liability in arbitration.

The laws of the state of your domicile or where you access, use, or purchase the Services govern our Disputes, except that the Federal Arbitration Act governs everything related to arbitration. You and we agree to the exclusive jurisdiction and venue of federal or state court in the Northern District of California for all disputes heard in court (excluding arbitration).

(h) Governing Law. If you live in the United States, any Dispute between us will be governed by the laws of the state of your domicile, without regard to its conflict of laws provisions, except that the Federal Arbitration Act governs everything related to arbitration. If you do not live in the United States, but you access, use, or purchase the Services in the United States, any Dispute between us will be governed by the laws of the U.S. state where you access, use, or purchase the Services, without regard to its conflict of laws provisions, except that the Federal Arbitration Act governs everything related to arbitration.

(i) Forum and Venue. Except as otherwise expressly set forth in this Section 22:
(i) If U.S. federal jurisdiction exists, you and we consent to exclusive jurisdiction and venue in the federal court in the Northern District of California for all disputes heard in court (excluding arbitration); and
(ii) If U.S. federal jurisdiction does not exist, you and we consent to exclusive jurisdiction and venue in the state court in the Northern District of California for all disputes heard in court (excluding arbitration).

If a part of this Section is unenforceable, the rest still applies. This Section survives termination.

(j) Severability. Except for paragraph (f) of this Section 22, if an arbitrator or court decides that any part of this Section 22 is invalid or unenforceable, the other parts will still apply. If an arbitrator or court decides that paragraph (f) Class Action Waiver is invalid or unenforceable, then this entire Section 22 shall be void and unenforceable, except for paragraph (h) Governing Law, paragraph (i) Forum and Venue, and paragraph (k) Survival.

(k) Survival. Section 22 survives termination of this EULA.

23. No Assignment

24. Miscellaneous

(a) Entire Agreement. This EULA and any other document or information referred to in this EULA constitutes the entire and exclusive understanding between you and us regarding the Services and supersede any and all prior oral or written understandings or agreements between you and us regarding the Services.

(b) Language. The original language of this EULA is in English; any translations are provided for reference purposes only. To the maximum extent permitted by applicable law, you waive any right you may have under the law of your country to have this EULA written or construed in any other language.

(c) Severability. This EULA describes certain legal rights. You may have other rights under the laws of your jurisdiction. This EULA does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. As noted above, limitations and exclusions of warranties and remedies in this EULA may not apply to you because your jurisdiction may not allow them in your particular circumstance. In the event that certain provisions of this EULA are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions will be enforced only to the furthest extent possible under applicable law and, with the exception of any provisions in Section 22(h), the remaining terms of this EULA will remain in full force and effect.

(d) No Waiver. Your and our actions or inactions will not create any other rights under this EULA except as what is explicitly written within this EULA. Our failure to enforce any right or provision of this EULA will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by one of our duly authorized representatives. Except as expressly set forth in this EULA, the exercise by either party of any of its remedies under this EULA will be without prejudice to its other remedies under this EULA or otherwise.

(e) Your Status. You are not, nor acting on behalf of anyone who is:

a. subject to sanctions or export restrictions maintained by the United Nations, People’s Republic of China, United States (e.g., the Specially Designated Nationals and Blocked Persons List (“SDN List”) or the Entity List), the United Nations Security Council, the United Kingdom (including the Consolidated List of Financial Sanctions Targets), the European Union and any Member State thereof (including the Consolidated List of Persons, Groups and Entities Subject to Financial Sanctions), or any other list of restricted persons maintained by any authority with jurisdiction over you (any person so listed being a “Restricted Person”);

b. operating from or located or resident in a country or territory that is the target of comprehensive sanctions (“Embargoed Territories”).

(f) General Trade Compliance. In connection with your use of the Services, you will comply with all applicable export controls and economic sanctions laws and regulations of the United Nations, People’s Republic of China, United States, European Union, United Kingdom, and other applicable government authorities (collectively, “Trade Laws”). You agree not to engage in any activities in connection with the use of the Services that would violate Trade Laws or that would risk placing us in breach of any Trade Laws. If we have reasons to believe that you are a Restricted Person, are in or a resident of Embargoed Territories, or otherwise engaging in activities that violate Trade Laws or would risk placing us in breach of any Trade Laws, we may, at our sole discretion, take any and all relevant actions, such as requesting you to cease the conduct that violates Trade Laws, disabling or suspending Services, terminating Services with immediate eﬀect, or other remedial actions.

(g) Third-Party Rights. Except as described in Section 12, a person who is not a party to this EULA will have no right under to enforce any of its terms.

25. Contact Information

If you have any questions about this EULA or the Game, please contact us at our Support Email Address.