TERMS OF USE
These Terms of Use (“Terms”) are an agreement between you (the “User”, “you”, or “your”) and Shattershock Limited (“Shattershock”, the “Company”, “we”, “us”, or “our”) that govern your access and use of the website from where you are accessing the Terms (the “Site”). If you use the Site on behalf of a company or other entity, then the “User”, “you”, or “your” includes you and that entity, and you represent and warrant that you are an authorized representative of that entity. When accessing or using our games, apps, software, products, or services other than the Site, you may be subject to separate terms.
Please read these Terms carefully. Section 19 contains a binding individual arbitration clause and class action waiver that apply to all claims arising from use of this website and could significantly affect your legal rights.
1.WHO WE ARE
The Site is provided by Shattershock Limited, a company operating under the laws of Ireland, located at 1st Floor, The Liffey Trust Centre, 117-126 Sheriff Street, Upper, Dublin 1, Ireland D01 YC43. When we reference affiliates in these Terms, we mean the subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership and their agents, consultants, employees, officers, and directors (whether now or in the future).
2.UPDATES TO THESE TERMS
We may decide to update these Terms from time to time. When we do so, we will post the changes on this page and indicate the date they were last updated. By continuing to use the Site, you confirm that you accept the amended Terms. We hope you will continue using our Site, but if you do not agree to our Terms, as amended, you must stop using the Site.
3.PRIVACY
The Privacy Notice describes our data practices, including how we collect and use your information when you use the Site.
4.MODIFICATIONS TO THE SITE
We may modify the content or functionality of the Site from time to time. The Site may be interrupted, including due to maintenance, repairs, upgrades, or network or equipment failures. We reserve the right to discontinue the Site, temporarily or permanently, with or without notice, at any time, for any reason, or for no reason at all. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site (or any part thereof). We may also impose limits on certain functionality or restrict your access to the Site, in whole or in part, without notice or liability.
5.ELIGIBILITY
You must be at least the age of majority in your country of residence to use the Site. If you are not old enough to have authority to agree to our Terms in your country or territory, your parent or guardian must agree to our Terms on your behalf in order for you to use the Site. Please ask your parent or guardian to review these Terms with you.
6.RESTRICTIONS
You agree to use the Site only for purposes that are legal and in compliance with these Terms and any applicable laws or regulations. You may not use the Site (or assist others to use it) to:
We work to protect the safety, security, and integrity of the Site, including by prohibiting misuse of the Site. We reserve the right to take appropriate action against users who violate these Terms, including by disabling or suspending access to the Site or by contacting law enforcement.
7.LICENSE TO THE SITE
As between you and us, we (and/or our licensors) own all right, title, and interest in and to the Site, its elements, and all materials displayed or performed through the Site (including, but not limited to, audio, video, designs, illustrations, images, graphics, text, logos, patents, trademarks, service marks, copyrights, and “look and feel” of the Site). All such content is protected by copyright, trade dress, trademark, and patent laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. Using the Site does not give you any ownership therein.
We grant you a worldwide, revocable, non-exclusive, non-transferable, and non-sublicensable license to use the Site. This license is granted for the sole purpose of using and accessing the Site consistent with these Terms.
8.CONTENT YOU PROVIDE
A.Unsolicited IdeasWe do not accept unsolicited ideas of concepts, creative ideas, stories, designs, product names, or the like (“Unsolicited Ideas”). We are continuously engaged in active research and development of new products, websites, and services, as well as improvements and enhancements to existing aspects of the Site and our products. Please do not send us any Unsolicited Ideas to avoid the possibility of future misunderstandings when projects, improvements, or enhancements developed by us might seem to be similar or identical to any part of an Unsolicited Idea.
If you choose to send us an Unsolicited Idea, you understand and agree that the following terms apply, regardless of any contrary statements accompanying your submission:
1.Your submission does not create any relationship between you and Shattershock;
2.Your submission and its contents automatically become the property of Shattershock, without any compensation to you;
3.Shattershock may use or redistribute your submission for any purpose on an unrestricted basis;
4.Your submission does not include confidential or proprietary information of you or any other person, and Shattershock is under no obligation to keep your submissionconfidential or to 5.compensate you for any use of it.
User Submissions
By providing content or information to us in connection with the Site (collectively, “User Submissions”), you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable right to fully exploit, reformat, modify, create derivative works of, excerpt, or translate such User Submissions in connection with the Site and our (and our successors’ and assigns’) business.
9.THIRD PARTIES
The Site may contain links to third-party websites (“Third-Party Sites”) that are subject to different terms and privacy practices. We do not own or control those Third-Party Sites and we are not responsible or liable for any aspect of such Third-Party Sites. Links to any Third-Party Sites are not an endorsement.
We may utilize service providers or partner with our affiliates, subsidiaries, or other third parties to make the Site available to you.
10.INDEMNITY & RELEASE
You will indemnify and hold Shattershock harmless (including, without limitation, from all damages, liabilities, settlements, costs, and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the Site, use of the Site, your violation of these Terms, or the infringement by you or any third party using any intellectual property or other right of any person or entity.
11.WARRANTY DISCLAIMER
We have no special relationship with or fiduciary duty to you. We have no control over, and no duty to take any action regarding, (i) which users gain access to the Site; (ii) what content you access via the Site; (iii) what effects the content may have on you; (iv) how you may interpret or use the content; or (v) what actions you may take as a result of having been exposed to the content. You release Shattershock from all liability for you having acquired or not acquired content through the Site. Shattershock will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Site.
This Site is provided on an “as is” and “as available” basis. Shattershock expressly disclaims all warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Shattershock makes no warranty that (i) the site will meet your requirements; (ii) the Site will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the site will be accurate or reliable; or (iv) the quality of any products, services, information, or other material obtained by you through the site will meet your expectations.
Shattershock and its affiliates take no responsibility and assume no liability for any content that you, another user, or a third party sends, receives, or stores on or through the Site. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which Shattershock or its affiliates will be responsible for.
12.LIMITATION OF LIABILITY
IN NO EVENT SHALL SHATTERSHOCK OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE WITH RESPECT TO THE SITE OR THE SUBJECT MATTER OF THESE TERMS UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY (i) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU THEREFOR DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM (IF ANY); (ii) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA, OR PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES); OR (iii) FOR ANY MATTER BEYOND COMPANY'S REASONABLE CONTROL.
California Waiver. If you are a resident of California in the United States, you agree to waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
13.ENTIRE AGREEMENT & WAIVER
These Terms, including any additional terms referenced, make up the entire agreement between you and Shattershock, and supersede any prior agreements. These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We reserve all rights not expressly granted to you.
14.GOVERNING LAW & VENUE
Unless stated otherwise herein, these Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to the conflict of laws provisions thereof. With respect to any disputes or claims not subject to arbitration as set forth in Section 19, you and Shattershock agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles County, California, United States.
15.ASSIGNMENT
You may not assign, transfer, or delegate your rights and obligations hereunder without Shattershock’s prior written consent. Shattershock may assign, transfer, or delegate this agreement and any rights and obligations hereunder, at its sole discretion.
16.SEVERABILITY
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
17. TERMINATION
These Terms shall remain in full force and effect while you use the Site. You may terminate your use of the Site at any time. We may terminate or suspend your access to the Site at any time, for any reason (including breach of the Terms), and without warning.
18. SURVIVAL
All provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, those relating to ownership, warranty disclaimers, and limitations of liability.
19. DISPUTE RESOLUTION
Please read this section carefully – it may significantly affect your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims. It contains procedures for mandatory binding arbitration and a class action waiver.
A. Agreement to Arbitrate
This Dispute Resolution section is referred to in these Terms as the “Arbitration Agreement.” This Arbitration Agreement shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to the conflict of laws provisions thereof.
You agree that any and all disputes or claims that have arisen or may arise between you and Shattershock shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that the binding individual arbitration provisions herein will not apply to the extent prohibited by the laws of your jurisdiction of residence or where the underlying dispute is one of the following types: (i) disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual dispute; (ii) disputes or claims where the sole form of relief sought is injunctive relief; or (iii) intellectual property disputes.
Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can seek relief against us on your behalf if the law allows.
You agree that, by agreeing to these Terms, you and Shattershock are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Arbitration Agreement.
B. WAIVER OF CLASS ACTION & REPRESENTATIVE CLAIMS
You and Shattershock agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Except as set forth in this Arbitration Agreement, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Likewise, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Notwithstanding the foregoing, you may pursue a claim for, and the arbitrator may award, public injunctive relief under applicable law to the extent required for the enforceability of this provision.
If this class action waiver is limited, voided, or found unenforceable, then, unless the parties mutually agree otherwise, the Arbitration Agreement shall be null and void with respect to such proceeding so long as the proceeding is permitted to proceed as a class action.
C. Dispute Resolution & Arbitration ProcessYou and Shattershock agree that in the event of any dispute between you and Shattershock, either party will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution (including without limitation any court action) after first allowing the receiving party 30 days in which to respond.
Only after the parties have engaged in a good-faith effort to resolve the dispute, and only if those efforts fail, may either party then initiate binding arbitration as the sole means to resolve claims. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Los Angeles County, California, United States, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect (“JAMS Rules”), by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators. For information about the JAMS, its Rules, and fees for consumer disputes, see the JAMS’ arbitration page at https://www.jamsadr.com/arbitration.
If there is any inconsistency between any term of the JAMS Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. The arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules, unless otherwise provided in this Arbitration Agreement. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction, and that any due dates for those fees shall be tolled during the pendency of such challenge.
D. Right to Opt Out of Arbitration
You have the right to opt out of arbitration and not be bound by the arbitration provisions set forth in this Section 19 within 30 days of first becoming subject to this Arbitration Agreement. To opt out, you must send written notice of your decision to opt out to arbitrationoptout@oc.netease.com or to our mailing address no later than 30 days after first becoming subject to this Arbitration Agreement. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. If you opt-out of these arbitration provisions, Shattershock also will not be bound by them.
E. Confidentiality & Severability
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (except for Subsection B above) is invalid or unenforceable, the parties agree to replace such term or provision with one that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any provision of Subsection B is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provision is deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms will continue to apply.
F. Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, if we make any future change to this Arbitration Agreement while you are a user of the Site, you may reject any such change by sending us a written notice within thirty (30) calendar days of the change to arbitrationoptout@oc.netease.com. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this version of the Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to theseTerms).
20. COPYRIGHT INFRINGEMENT NOTIFICATION
If you believe that content you find on the Site infringes a copyright, please send a copyright infringement notification to the Copyright Agent listed below. To be effective, the notification must be in writing and contain the following information:
A notification of claimed copyright infringement should be emailed to Shattershock’s Copyright Agent at copyright@oc.netease.com. You may also contact us by postal mail at: Shattershock Copyright Agent, 1st Floor, The Liffey Trust Centre, 117-126 Sheriff Street, Upper, Dublin 1, Ireland D01 YC43.
21.MISCELLANEOUS
Shattershock shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Shattershock’s reasonable control. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms. Our Terms are written in English (United States), and any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.