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Last Updated: October14, 2024
1. A Few Important Notices—Arbitration, Refunds, Class Actions and Damages
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE GAME TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTIONS 20 AND 21 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION). THESE GAME TERMS ALSO INCLUDE A WAIVER OF RIGHTS BY YOU TO BRING A CLASS ACTION AGAINST US AND A LIMITATION ON DAMAGES THAT YOU CAN COLLECT FROM US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES. BY USING THE SERVICES, YOU AGREE TO THESE PROVISIONS.
IF YOU DO NOT AGREE TO THE TERMS OF THESE GAME TERMS, YOU MAY NOT INSTALL, COPY, OR USE OUR SERVICES. WITH LIMITED EXCEPTION (SEE SECTION 11), ANYTHING YOU PURCHASE FROM US IS NON-REFUNDABLE.
2. What Is This Document? When Can I Play?
You are now reading our Game Terms of Service (“Game Terms”) which is a legal agreement between you and Gryph Frontier Pte. Ltd. and its affiliates (“Gryph Frontier” or “we”, “us”, “our”, as appropriate) regarding the Services you use from us. “Services” means 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 Games, 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 these Game Terms, 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 these Game Terms and if you have any questions feel free to send us a note at support@gryphline.com (our “Support Email Address”).
3. The default language in which these Game Terms are displayed is based on your device and system settings. To the extent your language differs from the displayed language, we encourage you to select the Game Terms applicable to you by switching the language in setting module.
4. Defined Terms
You’ll notice some capitalized terms in these Game Terms. 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 these Game Terms. We’ve included the defined terms throughout because we want it to be easy for you to read them in context.
5. 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, the Epic Games Store, Steam Store and other third party platforms as supported by the Game (each, a “Platform Store”). The availability of the Services will depend on what features and functionalities are supported by the respective Platform Stores on which the Game is launched. Your use of the Services is also governed by any applicable agreements you have with any Platform Store (the “Platform Store Agreement(s)”).
The collection of information from you and related to the Services (whether obtained through a Platform Store or not) is governed by our Privacy Policy. Our Privacy Policy explains how we collect, use, and disclose information that we collect from and about you.
6. Eligibility and Registration
6.1 Age. You must be at the minimum age as is applicable in the jurisdiction you live in) to use or access any of our Services. If you are at least the relevant minimum age but are not legally considered an adult in your jurisdiction, you must ask one of your parents (or legal guardians) to read these Game Terms and accept them on your behalf, and to create or use an Account. Parents and guardians are responsible for the acts of their minor children when using any of our Services, and you understand and agree that you will be responsible for all uses of the Account and our Services by your minor child whether or not you authorized such uses. You may not create or use an Account, or use or access any of our Services on behalf of a legal entity or for a commercial purpose.
6.2 Access to Services. You may use your Platform Store account (such as your account on the Steam Store, Epic Games Store, and other platform as supported by the Game) (a “Platform Store Account”) to access or use the Services.
Your use of the Platform Store Account, will automatically create an in-game account (a “Game Account” or “Account”), which is linked to your Platform Store Account. Your Game Account is separate from your Platform Store Account.
6.3 Keep Your Information Current. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it that way. If you don’t, we may suspend or terminate your Account depending on the situation. You agree that you will not disclose your Account password to anyone and will notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them. If you believe that your Accounts are no longer secure, then you must immediately notify us at our Support Email Address.
6.4 No Account Sharing. You may not sell, resell, rent, lease, share or provide access to your 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.
6.5 No False Accounts. You may not create an Account for anyone else or create an Account in a name other than your own.
7. License
7.1 License Grant. So long as you comply with these Game Terms and, as applicable, the Platform 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 Platform 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 these Game Terms. “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 10) 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.
7.2 User Content. “User Content” means any Content that you (or other 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.
7.3 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.
7.4 Retail Purchase. We may offer codes or product keys that can be activated in a Game or used to activate a Game on the Platform Store. 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.
8. License Restrictions
You agree not to do any of the following with respect to the Services:
8.1 use them commercially, for a promotional purpose, or for the benefit of any third party or in any manner not permitted by these Game Terms;
8.2 use, or provide, any unauthorized third party programs that intercept, emulate, or redirect any communication between the Services and Gryph Frontier or that collect information about the Game;
8.3 use, or provide ancillary offerings to anyone, that are not offered within the Services by us (or the functionality of the Platform 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;
8.4 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 these Game Terms;
8.5 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;
8.6 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;
8.7 remove, disable, circumvent, or modify any technological measure we implement to protect them or any of their associated intellectual property;
8.8 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);
8.9 violate any applicable law or regulation;
8.10 attempt to probe, scan or test its vulnerability or breach any security or authentication measures;
8.11 access, tamper with, or use non-public areas of the Services;
8.12 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, social engineering, or scamming;
8.13 upload, publish, submit or transmit any User Content or 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; (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, including “trolling;” (iv) is defamatory, obscene, pornographic, 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, terrorism, or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
8.14 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;
8.15 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;
8.16 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;
8.17 impersonate or misrepresent your affiliation with any person or entity;
8.18 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;
8.19 play on another person’s Account to “boost” that person’s status, level or rank associated with a Game;
8.20 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; or
8.21 encourage or enable anyone else to do any of the foregoing.
9. Ownership of the Services
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 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 these Game Terms, including termination of these Game Terms and your access to our Services. In addition, if you Cheat in the Game or Service, we may terminate your license to use them.
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 these Game Terms, 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. We may (but don’t have to) investigate violations of these Game Terms or conduct that affects the Services.
10. Virtual Goods and Game Currency
10.1 Purchasing or Obtaining Virtual Goods and Game Currency. 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 (“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 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 Platform 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 a Platform Store Agreement, another payment platform agreement 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 these Game Terms, 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. Such modifications, amendments, supplements or terms shall be effective immediately upon posting and shall be incorporated by reference into these Game Terms. If any change is unacceptable to you, you may terminate the use of your Account at any time.
10.2 Your License to Virtual Goods and Game Currency. Virtual Goods and Game Currency are digital items and your use of them is governed by these Game Terms and the Platform 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. Provided you comply with the terms of these Game Terms and the Platform 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.
10.3 Changes to Game Currency and Virtual Goods. EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT YOU WON’T ASSERT OR BRING ANY CLAIM AGAINST US, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS (THE “GRYPH FRONTIER 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 THESE GAME TERMS.
11. Refunds
Subject to applicable law, (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; (ii) we may revoke your license to such Games, Virtual Goods and/or Game Currency at any time without notice or liability to you, if you breach this Game Terms or violate any applicable laws; and (iii) by purchasing and using any Games, Virtual Goods and/or Game Currency, you hereby waive any statutory right you may have 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. Where applicable law does not permit you to waive your right to so withdraw, you hereby agree that such withdrawal right expires immediately upon purchase, delivery or other provision, as applicable, of your Game, Virtual Good and/or Game Currency, as permitted by applicable law.
Furthermore, if any of the game content/services are defective, unavailable, or do not perform in accordance with the specifications we provide, due to the nature of digital content/service, you hereby agree to waive any claims you may have for a refund or price reduction, unless otherwise stipulated by applicable law.
12. Accessing a Game from a Platform Store
Where a Game is made available to you via a Platform Store you acknowledge and agree that:
- These Game Terms are between you and us, not the Platform Store, and we (not the Platform Store), are solely responsible for the Game.
- The Platform Store has no obligation to provide any Game maintenance or support.
- If the Game cannot meet its warranties (if any), you can contact the Platform Store and they will refund you the purchase price of the Game (if applicable according to Platform Store’s policy) and, to the maximum extent permitted by applicable law, the Platform Store will have no other warranty obligation whatsoever with respect to the Game. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
- The Platform Store is not responsible for addressing any claims you have or any claims of any third party relating to the Game or your possession and use of the Game, including, without limitation: (i) product liability claims; (ii) any claim that the Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Game or your possession and use of the Game infringes that third party’s intellectual property rights, we will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Game Terms.
- The Platform Store, and its subsidiaries, are third party beneficiaries of these Game Terms and upon your acceptance of these Game Terms, the Platform Store will have the right to enforce these Game Terms against you as a third-party beneficiary thereof.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You must also comply with all applicable third party terms of service when using the Game.
13. Feedback
We welcome your feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at our Support Email Address 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. 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.
14. Data Charges and Mobile Devices
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.
15. Modifications to the Service and These Game Terms
We may (but don’t have to) update these Game Terms at any time whenever we think there is a need. If we do so, you will be prompted to agree to the updated Game Terms upon your next access to the Services or when the updated Game Terms are 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. Subject to applicable law, you acknowledge and agree that certain elements, features, or functions may become unavailable to you after we apply patches, updates, or upgrades.
16. Warranty Disclaimers
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE GRYPH FRONTIER 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 Gryph Frontier Parties make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The Gryph Frontier Parties make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Services.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE GRYPH FRONTIER PARTIES WILL NOT BE LIABLE IN ANY WAY FOR ANY:
17.1 LOSS OF PROFITS,
17.2 LOST REVENUE,
17.3 LOST SAVINGS,
17.4 LOSS OF DATA, OR
17.5 ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES,
ARISING OUT OF OR IN CONNECTION WITH THESE GAME TERMS OR THE SERVICES, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE SERVICES, EVEN IN THE EVENT CAUSED BY ANY GRYPH FRONTIER PARTY’S FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF THAT GRYPH FRONTIER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE GRYPH FRONTIER PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE GAME TERMS 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 these Game Terms will prejudice such rights that you may have as a consumer of the Services.
18. Indemnity
You agree to indemnify, pay the defense costs of, and hold the Gryph Frontier Parties and their employees, officers, directors, agents, contractors, and other representatives (collectively, “Gryph Frontier Indemnitees”) 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 these Game Terms. You agree to reimburse us for any payments made or loss suffered by the Gryph Frontier Indemnitees, whether in a court judgment or settlement, based on any matter covered by this Section 18.
19. Termination
We may terminate your access to and use of any or all the Services, including any Game, Virtual Goods or Content, with no liability to you in the event that (a) we cease providing the Services to similarly situated users generally; (b) you breach any terms of these Game Terms (including our other policies specified in these Game Terms); (c) the owner of the applicable Platform Store terminates your Platform Store Account; or (d) we otherwise deem it necessary or reasonable to terminate these Game Terms in our sole discretion. You may also terminate these Game Terms by deleting and uninstalling the Game on any and all of your devices or by deleting your Platform Store Account. Upon any termination of these Game Terms, the rights granted to you will automatically terminate, you may no longer exercise any of those rights or these Game Terms. Subject to applicable law, we may, in our sole discretion, provide continued access to and use of the Services prior to such termination.
Except to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not these Game Terms has been terminated.
The following sections will survive termination of these Game Terms: 9 (first two sentences only), 13, 16, 17, 18, 20 through 24, and this sentence of Section 19.
20. Dispute Resolution and Governing Law – United States
This section only applies if you are accessing, using, or have purchased the Services in the United States.
20.1 Governing Law and Forum Choice. These Game Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of law provisions. Except as otherwise expressly set forth in this Section 20, the exclusive jurisdiction for all Disputes (defined below) that you and we are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and we each waive any objection to jurisdiction and venue in such courts.
20.2 Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Game Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, each as they relate to Services used or purchased within the United States (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Game Terms, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Game Terms.
20.3 Location of Arbitration. If you are a resident of the United States, any arbitration will take place in your county of residence, to the exclusion of all other venues.
20.4 Exceptions. As limited exceptions to Section 20(b) above, the following Disputes can be resolved in court and need not be resolved through arbitration: (i) any Dispute that can be resolved in small claims court (if it qualifies); and (ii) any Dispute involving the infringement or misappropriation of our intellectual property rights.
20.5 Opt-out. You have the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at our Support Email Address within thirty (30) days following the date you first agree to these Game Terms.
20.6 Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Game Terms. 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.
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
20.7 Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR 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, 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. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution (Section 20) shall be null and void.
20.8 Effect of Changes on Arbitration. Notwithstanding the provisions of Section 15 above, if we change any of the terms of this Section 20 after the date you first accepted these Game Terms (or accepted any subsequent changes to these Game Terms), you may reject any such change by sending us written notice (including by email to our Support Email Address) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of our notice to you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the terms of this Section 20 “Dispute Resolution—United States” as of the date you first accepted these Game Terms (or accepted any subsequent changes to these Game Terms).
20.9 Severability. With the exception of any of the provisions in Section 20(g) above, if an arbitrator or court of competent jurisdiction decides that any part of these Game Terms are invalid or unenforceable, the other parts of these Game Terms will still apply.
21. Dispute Resolution and Governing Law – Outside the United States
This section only applies if you are accessing, using, or have purchased the Services outside of the United States.
21.1 Dispute Resolution. Any Dispute or claim by you arising with respect to these Game Terms shall be: (i) governed by the laws of Singapore without regard to conflict of law provisions, and (ii) referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with its arbitration rules (“SIAC Rules”) in force at the time of delivery of the arbitration notice. The arbitral award is final and binding upon both parties. If the above arbitration terms are not enforceable on any dispute, both parties agree that such dispute shall be brought in a court in Singapore. You hereby consent to, and waive all defenses of lack of personal jurisdiction and/or forum non convenience with respect to venue and jurisdiction, whether by arbitration or judicial judgment as stated aforementioned.
22. No Assignment
You may not assign or transfer these Game Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Game Terms, without such consent, will be null and void. Notwithstanding the title of this Section, we may freely assign or transfer these Game Terms without restriction. Subject to the foregoing, these Game Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
23. Miscellaneous
23.1 Entire Agreement. These Game Terms and any other document or information referred to in these Game Terms 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.
23.2 Language. The original language of these Game Terms are in English; any translations are provided for reference purposes only.
23.3 Severability. These Game Terms describes certain legal rights. You may have other rights under the laws of your jurisdiction. These Game Terms 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 these Game Terms may not apply to you because your jurisdiction may not allow them in your particular circumstance. In the event that certain provisions of these Game Terms 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 subject to Section 20(g), the remaining terms of these Game Terms will remain in full force and effect.
23.4 No Waiver. Your and our actions or inactions will not create any other rights under these Game Terms except as what is explicitly written within these Game Terms. Our failure to enforce any right or provision of these Game Terms 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 these Game Terms, the exercise by either party of any of its remedies under these Game Terms will be without prejudice to its other remedies under these Game Terms or otherwise.
23.5 Third-party Rights. Except as described in Section 12, a person who is not a party to these Game Terms will have no right under to enforce any of its terms.
23.6 In the event of any conflict between this Game Terms and the local laws of your country or residence, the local laws will take precedence and govern.
24. Contact Information
If you have any questions about these Game Terms or the Services, please contact us at our Support Email Address.
1. A Few Important Notices—Arbitration, Refunds, Class Actions and Damages
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE GAME TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTIONS 20 AND 21 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION). THESE GAME TERMS ALSO INCLUDE A WAIVER OF RIGHTS BY YOU TO BRING A CLASS ACTION AGAINST US AND A LIMITATION ON DAMAGES THAT YOU CAN COLLECT FROM US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES. BY USING THE SERVICES, YOU AGREE TO THESE PROVISIONS.
IF YOU DO NOT AGREE TO THE TERMS OF THESE GAME TERMS, YOU MAY NOT INSTALL, COPY, OR USE OUR SERVICES. WITH LIMITED EXCEPTION (SEE SECTION 11), ANYTHING YOU PURCHASE FROM US IS NON-REFUNDABLE.
2. What Is This Document? When Can I Play?
You are now reading our Game Terms of Service (“Game Terms”) which is a legal agreement between you and Gryph Frontier Pte. Ltd. and its affiliates (“Gryph Frontier” or “we”, “us”, “our”, as appropriate) regarding the Services you use from us. “Services” means 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 Games, 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 these Game Terms, 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 these Game Terms and if you have any questions feel free to send us a note at support@gryphline.com (our “Support Email Address”).
3. The default language in which these Game Terms are displayed is based on your device and system settings. To the extent your language differs from the displayed language, we encourage you to select the Game Terms applicable to you by switching the language in setting module.
4. Defined Terms
You’ll notice some capitalized terms in these Game Terms. 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 these Game Terms. We’ve included the defined terms throughout because we want it to be easy for you to read them in context.
5. 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, the Epic Games Store, Steam Store and other third party platforms as supported by the Game (each, a “Platform Store”). The availability of the Services will depend on what features and functionalities are supported by the respective Platform Stores on which the Game is launched. Your use of the Services is also governed by any applicable agreements you have with any Platform Store (the “Platform Store Agreement(s)”).
The collection of information from you and related to the Services (whether obtained through a Platform Store or not) is governed by our Privacy Policy. Our Privacy Policy explains how we collect, use, and disclose information that we collect from and about you.
6. Eligibility and Registration
6.1 Age. You must be at the minimum age as is applicable in the jurisdiction you live in) to use or access any of our Services. If you are at least the relevant minimum age but are not legally considered an adult in your jurisdiction, you must ask one of your parents (or legal guardians) to read these Game Terms and accept them on your behalf, and to create or use an Account. Parents and guardians are responsible for the acts of their minor children when using any of our Services, and you understand and agree that you will be responsible for all uses of the Account and our Services by your minor child whether or not you authorized such uses. You may not create or use an Account, or use or access any of our Services on behalf of a legal entity or for a commercial purpose.
6.2 Access to Services. You may use your Platform Store account (such as your account on the Steam Store, Epic Games Store, and other platform as supported by the Game) (a “Platform Store Account”) to access or use the Services.
Your use of the Platform Store Account, will automatically create an in-game account (a “Game Account” or “Account”), which is linked to your Platform Store Account. Your Game Account is separate from your Platform Store Account.
6.3 Keep Your Information Current. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it that way. If you don’t, we may suspend or terminate your Account depending on the situation. You agree that you will not disclose your Account password to anyone and will notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them. If you believe that your Accounts are no longer secure, then you must immediately notify us at our Support Email Address.
6.4 No Account Sharing. You may not sell, resell, rent, lease, share or provide access to your 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.
6.5 No False Accounts. You may not create an Account for anyone else or create an Account in a name other than your own.
7. License
7.1 License Grant. So long as you comply with these Game Terms and, as applicable, the Platform 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 Platform 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 these Game Terms. “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 10) 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.
7.2 User Content. “User Content” means any Content that you (or other 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.
7.3 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.
7.4 Retail Purchase. We may offer codes or product keys that can be activated in a Game or used to activate a Game on the Platform Store. 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.
8. License Restrictions
You agree not to do any of the following with respect to the Services:
8.1 use them commercially, for a promotional purpose, or for the benefit of any third party or in any manner not permitted by these Game Terms;
8.2 use, or provide, any unauthorized third party programs that intercept, emulate, or redirect any communication between the Services and Gryph Frontier or that collect information about the Game;
8.3 use, or provide ancillary offerings to anyone, that are not offered within the Services by us (or the functionality of the Platform 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;
8.4 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 these Game Terms;
8.5 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;
8.6 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;
8.7 remove, disable, circumvent, or modify any technological measure we implement to protect them or any of their associated intellectual property;
8.8 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);
8.9 violate any applicable law or regulation;
8.10 attempt to probe, scan or test its vulnerability or breach any security or authentication measures;
8.11 access, tamper with, or use non-public areas of the Services;
8.12 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, social engineering, or scamming;
8.13 upload, publish, submit or transmit any User Content or 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; (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, including “trolling;” (iv) is defamatory, obscene, pornographic, 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, terrorism, or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
8.14 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;
8.15 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;
8.16 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;
8.17 impersonate or misrepresent your affiliation with any person or entity;
8.18 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;
8.19 play on another person’s Account to “boost” that person’s status, level or rank associated with a Game;
8.20 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; or
8.21 encourage or enable anyone else to do any of the foregoing.
9. Ownership of the Services
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 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 these Game Terms, including termination of these Game Terms and your access to our Services. In addition, if you Cheat in the Game or Service, we may terminate your license to use them.
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 these Game Terms, 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. We may (but don’t have to) investigate violations of these Game Terms or conduct that affects the Services.
10. Virtual Goods and Game Currency
10.1 Purchasing or Obtaining Virtual Goods and Game Currency. 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 (“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 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 Platform 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 a Platform Store Agreement, another payment platform agreement 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 these Game Terms, 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. Such modifications, amendments, supplements or terms shall be effective immediately upon posting and shall be incorporated by reference into these Game Terms. If any change is unacceptable to you, you may terminate the use of your Account at any time.
10.2 Your License to Virtual Goods and Game Currency. Virtual Goods and Game Currency are digital items and your use of them is governed by these Game Terms and the Platform 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. Provided you comply with the terms of these Game Terms and the Platform 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.
10.3 Changes to Game Currency and Virtual Goods. EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT YOU WON’T ASSERT OR BRING ANY CLAIM AGAINST US, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS (THE “GRYPH FRONTIER 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 THESE GAME TERMS.
11. Refunds
Subject to applicable law, (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; (ii) we may revoke your license to such Games, Virtual Goods and/or Game Currency at any time without notice or liability to you, if you breach this Game Terms or violate any applicable laws; and (iii) by purchasing and using any Games, Virtual Goods and/or Game Currency, you hereby waive any statutory right you may have 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. Where applicable law does not permit you to waive your right to so withdraw, you hereby agree that such withdrawal right expires immediately upon purchase, delivery or other provision, as applicable, of your Game, Virtual Good and/or Game Currency, as permitted by applicable law.
Furthermore, if any of the game content/services are defective, unavailable, or do not perform in accordance with the specifications we provide, due to the nature of digital content/service, you hereby agree to waive any claims you may have for a refund or price reduction, unless otherwise stipulated by applicable law.
12. Accessing a Game from a Platform Store
Where a Game is made available to you via a Platform Store you acknowledge and agree that:
- These Game Terms are between you and us, not the Platform Store, and we (not the Platform Store), are solely responsible for the Game.
- The Platform Store has no obligation to provide any Game maintenance or support.
- If the Game cannot meet its warranties (if any), you can contact the Platform Store and they will refund you the purchase price of the Game (if applicable according to Platform Store’s policy) and, to the maximum extent permitted by applicable law, the Platform Store will have no other warranty obligation whatsoever with respect to the Game. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
- The Platform Store is not responsible for addressing any claims you have or any claims of any third party relating to the Game or your possession and use of the Game, including, without limitation: (i) product liability claims; (ii) any claim that the Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Game or your possession and use of the Game infringes that third party’s intellectual property rights, we will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Game Terms.
- The Platform Store, and its subsidiaries, are third party beneficiaries of these Game Terms and upon your acceptance of these Game Terms, the Platform Store will have the right to enforce these Game Terms against you as a third-party beneficiary thereof.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You must also comply with all applicable third party terms of service when using the Game.
13. Feedback
We welcome your feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at our Support Email Address 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. 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.
14. Data Charges and Mobile Devices
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.
15. Modifications to the Service and These Game Terms
We may (but don’t have to) update these Game Terms at any time whenever we think there is a need. If we do so, you will be prompted to agree to the updated Game Terms upon your next access to the Services or when the updated Game Terms are 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. Subject to applicable law, you acknowledge and agree that certain elements, features, or functions may become unavailable to you after we apply patches, updates, or upgrades.
16. Warranty Disclaimers
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE GRYPH FRONTIER 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 Gryph Frontier Parties make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The Gryph Frontier Parties make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Services.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE GRYPH FRONTIER PARTIES WILL NOT BE LIABLE IN ANY WAY FOR ANY:
17.1 LOSS OF PROFITS,
17.2 LOST REVENUE,
17.3 LOST SAVINGS,
17.4 LOSS OF DATA, OR
17.5 ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES,
ARISING OUT OF OR IN CONNECTION WITH THESE GAME TERMS OR THE SERVICES, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE SERVICES, EVEN IN THE EVENT CAUSED BY ANY GRYPH FRONTIER PARTY’S FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF THAT GRYPH FRONTIER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE GRYPH FRONTIER PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE GAME TERMS 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 these Game Terms will prejudice such rights that you may have as a consumer of the Services.
18. Indemnity
You agree to indemnify, pay the defense costs of, and hold the Gryph Frontier Parties and their employees, officers, directors, agents, contractors, and other representatives (collectively, “Gryph Frontier Indemnitees”) 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 these Game Terms. You agree to reimburse us for any payments made or loss suffered by the Gryph Frontier Indemnitees, whether in a court judgment or settlement, based on any matter covered by this Section 18.
19. Termination
We may terminate your access to and use of any or all the Services, including any Game, Virtual Goods or Content, with no liability to you in the event that (a) we cease providing the Services to similarly situated users generally; (b) you breach any terms of these Game Terms (including our other policies specified in these Game Terms); (c) the owner of the applicable Platform Store terminates your Platform Store Account; or (d) we otherwise deem it necessary or reasonable to terminate these Game Terms in our sole discretion. You may also terminate these Game Terms by deleting and uninstalling the Game on any and all of your devices or by deleting your Platform Store Account. Upon any termination of these Game Terms, the rights granted to you will automatically terminate, you may no longer exercise any of those rights or these Game Terms. Subject to applicable law, we may, in our sole discretion, provide continued access to and use of the Services prior to such termination.
Except to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not these Game Terms has been terminated.
The following sections will survive termination of these Game Terms: 9 (first two sentences only), 13, 16, 17, 18, 20 through 24, and this sentence of Section 19.
20. Dispute Resolution and Governing Law – United States
This section only applies if you are accessing, using, or have purchased the Services in the United States.
20.1 Governing Law and Forum Choice. These Game Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of law provisions. Except as otherwise expressly set forth in this Section 20, the exclusive jurisdiction for all Disputes (defined below) that you and we are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and we each waive any objection to jurisdiction and venue in such courts.
20.2 Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Game Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, each as they relate to Services used or purchased within the United States (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Game Terms, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Game Terms.
20.3 Location of Arbitration. If you are a resident of the United States, any arbitration will take place in your county of residence, to the exclusion of all other venues.
20.4 Exceptions. As limited exceptions to Section 20(b) above, the following Disputes can be resolved in court and need not be resolved through arbitration: (i) any Dispute that can be resolved in small claims court (if it qualifies); and (ii) any Dispute involving the infringement or misappropriation of our intellectual property rights.
20.5 Opt-out. You have the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at our Support Email Address within thirty (30) days following the date you first agree to these Game Terms.
20.6 Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Game Terms. 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.
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
20.7 Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR 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, 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. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution (Section 20) shall be null and void.
20.8 Effect of Changes on Arbitration. Notwithstanding the provisions of Section 15 above, if we change any of the terms of this Section 20 after the date you first accepted these Game Terms (or accepted any subsequent changes to these Game Terms), you may reject any such change by sending us written notice (including by email to our Support Email Address) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of our notice to you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the terms of this Section 20 “Dispute Resolution—United States” as of the date you first accepted these Game Terms (or accepted any subsequent changes to these Game Terms).
20.9 Severability. With the exception of any of the provisions in Section 20(g) above, if an arbitrator or court of competent jurisdiction decides that any part of these Game Terms are invalid or unenforceable, the other parts of these Game Terms will still apply.
21. Dispute Resolution and Governing Law – Outside the United States
This section only applies if you are accessing, using, or have purchased the Services outside of the United States.
21.1 Dispute Resolution. Any Dispute or claim by you arising with respect to these Game Terms shall be: (i) governed by the laws of Singapore without regard to conflict of law provisions, and (ii) referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with its arbitration rules (“SIAC Rules”) in force at the time of delivery of the arbitration notice. The arbitral award is final and binding upon both parties. If the above arbitration terms are not enforceable on any dispute, both parties agree that such dispute shall be brought in a court in Singapore. You hereby consent to, and waive all defenses of lack of personal jurisdiction and/or forum non convenience with respect to venue and jurisdiction, whether by arbitration or judicial judgment as stated aforementioned.
22. No Assignment
You may not assign or transfer these Game Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Game Terms, without such consent, will be null and void. Notwithstanding the title of this Section, we may freely assign or transfer these Game Terms without restriction. Subject to the foregoing, these Game Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
23. Miscellaneous
23.1 Entire Agreement. These Game Terms and any other document or information referred to in these Game Terms 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.
23.2 Language. The original language of these Game Terms are in English; any translations are provided for reference purposes only.
23.3 Severability. These Game Terms describes certain legal rights. You may have other rights under the laws of your jurisdiction. These Game Terms 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 these Game Terms may not apply to you because your jurisdiction may not allow them in your particular circumstance. In the event that certain provisions of these Game Terms 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 subject to Section 20(g), the remaining terms of these Game Terms will remain in full force and effect.
23.4 No Waiver. Your and our actions or inactions will not create any other rights under these Game Terms except as what is explicitly written within these Game Terms. Our failure to enforce any right or provision of these Game Terms 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 these Game Terms, the exercise by either party of any of its remedies under these Game Terms will be without prejudice to its other remedies under these Game Terms or otherwise.
23.5 Third-party Rights. Except as described in Section 12, a person who is not a party to these Game Terms will have no right under to enforce any of its terms.
23.6 In the event of any conflict between this Game Terms and the local laws of your country or residence, the local laws will take precedence and govern.
24. Contact Information
If you have any questions about these Game Terms or the Services, please contact us at our Support Email Address.