Below, you’ll find legal documentation for all Wargaming.net products & services.
Version of June 15, 2018
1. Scope of this EULA
1.1. This EULA governs the relationship between you and Wargaming Group Limited, 105, Agion Omologiton Avenue, Nicosia 1080, Cyprus, or any one of its affiliated entities (“Wargaming“, “we“, “our” and “us“) in relation to:
1.1.1. our websites, including without limitation www.worldoftanks.com, www.worldofwarplanes.com, www.worldofwarships.com, www.console.worldoftanks.com, www.wowslegends.com, www.wotblitz.com, www.wowsblitz.com and any other websites owned or operated by Wargaming (the “Sites”);
1.1.2. any online, desktop and mobile games owned, operated or made available by Wargaming including, but not limited to, “World of Tanks”, “World of Warplanes”, “World of Warships”, “World of Tanks: Modern Armor”, “World of Warships: Legends”, “World of Tanks Blitz” and “World of Warships Blitz” (the “Games”);
1.1.3. any of the forums that we operate for the Games (hereinafter, the “Game Forums”) and
1.1.4. any of our other resources, including without limitation user support, mobile apps, and any resources accessible via a third party platform, web application, or social media (together the “Ancillary Resources”).
1.2. In this EULA, we refer to the Sites, Games, Games Forums and Ancillary Resources as the “Resources”.
2. Other Documents You Accept
2.1. This EULA includes the following documents that are incorporated herein by reference:
(b) rules and guidelines for the Games, including but not limited to the following:
(hereinafter, the “Game Rules”),
(c) rules and guidelines for the Games Forums, including but not limited to the following:
(hereinafter, the “Forum Rules“),
(d) rules and guidelines for clans in the Games, including but not limited to the following:
(hereinafter, the “Clan Rules”) and
(e) other Wargaming rules and policies (together with the Game Rules, Forum Rules and Clan Rules, the “Rules”).
2.3. You must also accept and comply with all rules of external platforms applicable to the Resources or specific Games, including but not limited to Xbox Games and other Xbox services rules, PlayStation®4 computer entertainment system licenses and other Sony Interactive Entertainment Inc. rules, Apple Appstore and Game Center rules, and Google Play rules (“Third Party Terms”). Any breach of any Third Party Terms shall be regarded as a fundamental breach of this EULA.
3.1 You must be at least 13 years of age to use the Resources. If you are under the age of 13 or you do not agree to this EULA, then you are not granted a license to use or access the Resources. By agreeing to this EULA, you represent and warrant to us: (i) that you are at least thirteen years of age; and (ii) that your registration and your use of the Resources complies with all applicable laws and regulations.
3.2 You agree that you will not knowingly allow any individual under the age of 13 or other minimum legal age where it differs under local legal requirements to use or access the Resources.
4. Amendments to this EULA and the Rules
4.1 From time to time, at our sole discretion, we may amend, modify or replace this EULA, for example to reflect new products or services or because of changes in the law, without prior notice. If we make a material change to this EULA, we will make reasonable efforts to notify you and, where required by applicable law, we will obtain your consent. We may provide notice through a pop-up or banner within the Resources, by sending an email to any address you may have used to register for an Account, or through other mechanisms. Material changes to this EULA will take effect upon the earlier of (a) your actual notice or (b) thirty (30) days from posting of such change. If we make a non-material change to this EULA which does not reduce your rights, we will post a new version of this EULA and the new version of this EULA will take effect immediately upon the date of posting. The latest version of this EULA will always be available on the Sites, so we recommend that you check for updates to this EULA each time you use the Resources. If you continue to use the Resources after a new version of this EULA takes effect, then you shall be considered to have accepted the latest version of this EULA (other than for those material changes where your consent is required). Disputes arising under this EULA will be resolved in accordance with the version of the EULA in place at the time the dispute arose. This section does not apply to changes to the Rules that are addressed in Section 4.2.
4.2 From time to time, at our sole discretion, we may also amend, modify or replace the Rules, for example to ensure that the Games and Games Forums operate smoothly and to reflect the needs of the community using the Games and Games Forums. The latest version of the Rules will always be available on the Sites. Any new version of the Rules shall take effect immediately upon the date of posting on the Sites. If you continue to use a Game or Game Forums after a new version of the applicable Rules takes effect, then you shall be considered to have accepted the amended Rules.
5. Your Wargaming Account
5.1 Creating an Account
5.1.1. In order to use the Resources, you will need to create a Wargaming account. A Wargaming account is a collection of data associated with a particular person that is required for his or her use of the Resources, including authentication (authorization), access to settings, statistics and other information, and use of rights to Additional Features (the “Account”).
5.1.3. When creating an Account you will also be required to provide a ‘user name’ and/or ‘persona’ to represent you in connection with the Resources. User names and personas are tied to your Account and are non-transferable (meaning they cannot be transferred to anyone else). You may not use a user name or persona that is used by someone else, is vulgar or offensive, imitates any third party, infringes on any proprietary right of any third party, or otherwise breaches this EULA or the Rules. If you have questions about Account registration, please contact us at https://na.wargaming.net/support/.
5.1.4. Specifically, in order to use the Resources for Xbox 360 or Xbox One Games, you will need to visit this site and sign in using your Microsoft Xbox Live ID credentials. The Account will be automatically created using your Microsoft Xbox Live ID credentials (e-mail and nickname (gamertag)).
5.1.5. To access the Resources for Games on PlayStation®4 computer entertainment system, you need to have an account of PlayStation™Network.
5.1.6. In certain cases, including some iOS and Android Games, you may also log in through some third party system, if expressly permitted in the Game.
5.1.7. Also, if expressly permitted by Wargaming, a “demo account” is possible in certain Games. In this case, you receive no separate username or password. The authorization for the Game is made through the specific technical device (mobile phone, tablet, etc.) that you use.
5.1.8. However, you are strongly advised to set up a standard Account in accordance with the above provisions. If a “demo account” is used, we are not responsible for keeping your progress in the Game, ensuring availability of game items and Additional Features, or maintaining the safety of any monetary or valuable assets in the Account. Cases when an Account and all connected assets may be lost entirely include the loss of the technical device, loss of password or any unauthorized modification of the operating system (“jailbreaking”) or of the software.
5.2 No Account Sharing
5.2.1 You must keep all information relating to your Account confidential. At no time should you disclose your account ID or password, secret question or answer to anyone. This includes your friends, relatives, parents, children, spouses, co-workers, clan members and clan leader. In case of such disclosure, clause 5.2.2 will apply.
5.2.2 You are fully responsible for the conduct and actions using your Account and for all breaches of this EULA committed using your Account. We shall have no liability to you for any loss or damage arising from disclosure of your Account data to anyone, any unauthorized use of your Account, or any unauthorized access, use, alteration, modification and/or disclosure of your personal information.
5.2.3 Any sale, purchase, lease, rent, exchange, other commercial exploitation of Accounts is prohibited.
5.3 Security of Your Account
5.3.1 You must ensure that you secure your Account, computer, mobile phone or other device from third party access. Please notify us immediately at https://na.wargaming.net/support/ if you become aware of:
220.127.116.11 any unauthorized use of your Account or any other breach of security; or
18.104.22.168 any hacking tools being used or that might be used in relation to the Resources.
5.3.2 We may employ certain physical, electronic and managerial procedures designed to help safeguard and prevent unauthorized access, use, alteration, modification and/or disclosure of your personal information. Although we use procedures reasonably designed to safeguard the security of your personal information, transmissions made on or through the Internet and personal information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made by email are not protected by encryption and are vulnerable to disclosure to third parties, including due to interception during transmission.
5.4 Ownership of Your Account. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND THAT ALL RIGHTS IN AND TO YOUR ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF WARGAMING. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CLAIM, RIGHT, TITLE, OWNERSHIP, OR OTHER PROPRIETARY INTEREST IN THE ADDITIONAL FEATURES (AS DEFINED BELOW) THAT YOU UNLOCK OR ACCUMULATE, REGARDLESS OF ANY CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR SUCH ADDITIONAL FEATURES. FURTHERMORE, WARGAMING SHALL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, HACKING, OR ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE GAME CONTENT OR ADDITIONAL FEATURES, INCLUDING THE DELETION OF GAME CONTENT OR ADDITIONAL FEATURES UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT.
6. Resources and Content Licenses
6.1 The software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, data, and all other elements of the Resources, as well as the design and appearance of our Sites and the Games (collectively, the “Content”), provided by Wargaming are protected by all relevant intellectual property and proprietary rights and applicable laws.
6.2 As between you and Wargaming, Wargaming and its licensors own the Content and all of the intellectual property rights in it. Except as expressly authorized by Wargaming, you may not make use of the Content or the Resources. Wargaming and its licensors reserve all rights in and to the Content and the Resources not expressly granted in this EULA. Any unauthorized use of the Content or Resources for any purpose is prohibited.
6.3 Subject to your compliance with the terms and conditions herein, Wargaming grants you a personal, non-exclusive, revocable, non-transferable, limited right to access the Content in connection with your access and use of the Resources. Unless and to the extent that we have expressly authorized you in writing, you must not:
6.3.1 copy or download any Content from a Resource (except as part of the proper use or operation of that Resource);
6.3.2 reproduce, distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Content;
6.3.3 make any commercial use (i.e., for profit) of the Content;
6.3.4 harvest any information from the Resources or Content;
6.3.5 reverse engineer or modify the Resources or Content;
6.3.6 interfere with the proper operation of or any security measure used by the Resources or Content;
6.3.7 infringe any intellectual property or other right of any third party;
6.3.8 use the Resources or Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or
6.3.9 remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content.
6.4 Wargaming makes the Content available to you subject to the following conditions:
6.4.1 we can only make Content available to you if it is legal for you to have access to that Content in your home country;
6.4.2 you may only obtain Content from us (or from any person or third party that we authorize for this purpose) and you must not obtain Content from any other person or attempt to do so;
6.4.3 we reserve the right to refuse your request(s) to acquire Content, and we also reserve the right to limit or block any request to acquire or obtain Content for any reason;
6.4.4 WE DO NOT GUARANTEE THAT ANY RESOURCES OR CONTENT WILL BE AVAILABLE AT ALL TIMES, IN ALL COUNTRIES AND/OR ALL GEOGRAPHIC LOCATIONS, OR AT ANY GIVEN TIME OR THAT WE WILL CONTINUE TO OFFER PARTICULAR CONTENT FOR ANY PARTICULAR LENGTH OF TIME (UNLESS WE EXPRESSLY SAY OTHERWISE AS PART OF THE RESOURCES);
6.4.5 once you have redeemed or activated Content, including without limitation any Additional Feature, it is not returnable, exchangeable, or refundable for other Content, cash, goods or services;
6.4.6 we may change, replace, remove access to or update the Content at any time at our sole discretion; and
6.4.7 we may monitor use of the Resources for a wide variety of different purposes, including preventing cheating and hacking, reducing toxic player behavior and improving the Resources.
7. Charges and Billing
7.1 You do not have to pay any registration or subscription fees to create an Account. However, some of the Resources or parts thereof may require you to pay a fee. If you decide to purchase or to subscribe to any such Resources, you must ensure that:
7.1.1 you are 13 years of age or older;
7.1.2 you are the authorized Account holder for the Account from which you are subscribing to the Resources;
7.1.3 you are authorized to use the particular credit card or other accepted payment method;
7.1.4 all information that you submit at the time of purchase is true and accurate; and
7.1.5 you agree to pay all the fees that you incur, including all recurring subscription fees, unless and until you cancel your Account or any particular subscription to any of the Resources in accordance with this EULA.
7.2 Any applicable fees and other charges on your Account are payable in advance and are not refundable. We may, from time to time, without prior notice modify, amend, or supplement payment methods offered within the Resources. We will post those changes in the corresponding section of the relevant Resource(s).
7.3 The final price of the purchase and/or subscription may vary depending on the selected payment method. To see the final price, click the button for the selected payment method. Please check currency exchange fees and charges in case payment currency is different from the currency of the selected payment method.
7.4 Prices for the purchases of the Resources are published in the corresponding section of the relevant Resource(s). Wargaming reserves the right to change the price at any time by making a respective change on the Resource(s). By making a purchase you are considered to demonstrate consent with the price. Price changes for any subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Resources after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
7.5 We do our best to describe our services, Resources and prices thereof as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the Resources is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, Wargaming shall have the right to refuse or cancel any purchase or subscription in its sole discretion. If we charged your credit card or other account prior to our cancellation, we will issue a refund in the amount of the charge. If you have already used your purchase or subscription has already expired, Wargaming reserves the right to block access to your Account until you reimburse the full price of the corresponding Resource(s). If a subscription or service you purchased from Wargaming is not as described, your sole remedy is to cancel the purchase and receive a refund in the amount of the purchase price.
7.6 Please remember that your Account is personal to you and cannot be transferred or traded with any other user.
7.7 IF YOU ARE PLAYING OUR GAMES ON EXTERNAL PLATFORMS SUCH AS MICROSOFT XBOX, PLAYSTATION®4 COMPUTER ENTERTAINMENT SYSTEM, APPLE IOS OR GOOGLE ANDROID, YOU MUST ALSO COMPLY WITH ALL THIRD PARTY TERMS SET BY THOSE THIRD PARTY PLATFORMS. THE CHARGING AND BILLING IN SUCH GAMES ARE SUBJECT TO RULES OF THE THOSE PLATFORMS. WARGAMING DISCLAIMS ANY LIABILITY OF ANY NATURE FOR SUCH PLATFORMS’ ACTIONS.
When playing Games on PlayStation®4 computer entertainment system and using the in-game store, the following rules apply. Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America.
7.8 If your issuing bank offers automatic account updater services (Visa Account Updater, Mastercard Automatic Billing Updater or similar), these services may automatically update your payment card details in our acquirers’ systems when they change without any action on your part. If you do not want to have your card details automatically updated, please contact your issuing bank.
8. Additional Features
8.1 Additional Features. The Resources may permit you to acquire and accumulate rights to certain additional virtual game content, features and functionalities (including rights to in-game assets and points) as made available by Wargaming (“Additional Features”) which you are granted a license to use pursuant to the terms of this EULA. Additional Features constitute a limited, non-transferable, revocable right to use features of the Resources when, as, and if allowed by Wargaming and solely as governed by and permitted under this EULA. Subject to this EULA, Additional Features may be exchanged for access to upgraded features, may be exchanged for other Additional Features, or used in connection with other features made available by Wargaming through the Resources. Additional Features are not real-world currency, have no monetary value, and cannot be used, exchanged, or redeemed except as provided in this EULA, and cannot be transferred, in any case. For avoidance of doubt, Additional Features are not redeemable or refundable for any sum of money or monetary value from Wargaming or any third party at any time; provided, however, if and to the extent that any Additional Features are determined by applicable law to constitute real world currency or property, then they are the property of Wargaming.
8.2 Acquiring Additional Features. You may accrue Additional Features in a variety of ways. Wargaming may distribute or provide access to Additional Features in exchange for taking certain actions (either directly within the Resources, or in connection with a third party service), for a fee, or without any fee or required action, in its sole discretion. Wargaming may charge fees for the right to exercise rights associated with Additional Features. You agree that you do not “own” the Additional Features and that Wargaming has the absolute right to manage, regulate, control, modify and/or eliminate such Additional Features in its sole discretion, in any general or specific case, and that Wargaming will have no liability to you based on its exercise of such right. Wargaming allows you to accumulate and manage your Additional Features, and may use terms such as “buy” and “sell” to refer to the grant or transfer of rights to use the Resources. Use of terms such as “buy” or “sell” does not indicate any ownership right. The total amount of a purchase may be adjusted by adding a fee, if any, applicable to the payment method you selected and for mandatory tax payments, if any, required by law. If adjusted, the total amount of the purchase will be recalculated automatically and displayed before you confirm the purchase, provided, however, that such functionality is supported by a chosen payment method. If your payment is in a currency other than that of the purchase amount shown on the Site, the exchange rate applied will depend on the selected payment method.
8.3 Additional Terms and Conditions. Without limiting the foregoing, the following rules apply to Additional Features:
8.3.1 Additional Features may only be redeemed for other Additional Features where permitted in the Resources;
8.3.2 Once you have purchased Additional Features, those Additional Features are non-refundable and non-exchangeable (whether or not you use them);
8.3.3 Additional Features cannot be sold or transferred to anyone, but you may buy Additional Features for another user of a Game through the gift shop applicable to that Game;
8.3.4 Additional Features cannot be exchanged for cash or any goods or services (except other Additional Features as permitted in the Resources);
8.3.5 To acquire Additional Features, you need to follow the instructions provided in the Resources; this can include making a payment and providing personal and financial details (which you represent shall be complete and accurate).
8.3.6 The price payable for the Additional Features (including any value added tax or other applicable taxes of duties) will be as set out on our Sites or as part of the Resources (as applicable), but we reserve the right to change the price of Additional Features at any time at our discretion;
8.3.7 We do not make any promises about how or when Additional Features may be available and can update or change Additional Features at any time;
8.3.8 If you receive Additional Features or achievements free of charge, at a lower price or without performing the actions that are normally required for receipt (e.g., experience points without playing the Game) (i) due to a technical error (a bug), you must report this to Wargaming immediately; or (ii) due to hacking, fraud or other illegal actions, you must report this to Wargaming immediately and pay for such Additional Features to the extent already consumed. In each case, Wargaming may delete such Additional Features and achievement without any notice to you and, if you have already consumed the Additional Features, to block access to your Account until you reimburse the full price of the corresponding Additional Feature(s).
8.3.9 You may only acquire Additional Features from us (or from any person that we authorize for this purpose), or from another authorized user of a Game through the use of a feature included in the Game by Wargaming expressly for such purpose (such as a gift through the gift shop applicable to that Game), and you must not obtain Additional Features from any other person or in any other way or attempt to do so; and
8.3.10 We may limit or block a request to acquire Additional Features for any reason.
8.4 Non-Refundable Purchase. In the event you purchase Additional Features from Wargaming, we will transfer the Additional Features to you only once that payment has been processed, and you may start using Additional Features as soon as you have completed the purchase process. You therefore have no right to cancel any transaction to purchase Additional Features after completion of the purchase process and being entitled to download the Additional Features.
8.5 Restrictions. You agree and acknowledge that Wargaming may deny or place limitations or restrictions on any purchase, issue, or redemption of Additional Features, individually or with respect to general volume, at any time and for any reason. Wargaming may halt, suspend, discontinue, or reverse any Additional Features transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of other laws or regulations, or deliberate disruptions to or interference with the Resources, or the service of any affiliated or related third party.
8.6 Gifts. The following rules apply in regard to the gifts made through the Premium Shop:
8.6.1 As of the latest ToS update, gifts are only available in World of Tanks, World of Warplanes and World of Warships. Please check for updates.
8.6.2 Please note that gifts can be made within the same game server region only, i.e., gifts from an account on the North America server cannot be made to players on the EU server.
8.6.3 Within 24 hours after a gift is sent, the recipient will receive a notification via email. To receive a gift, the recipient must go to the My Gifts page in the Premium Shop and accept the gift.
8.6.4 A recipient may accept or decline a gift. A recipient has 30 days to accept a gift. If it is not accepted within this period, the sender will automatically receive compensation to their account as in-game currency equal to the price of the gift as at the time of purchase.
8.6.5 Within 24 hours after a recipient accepts or declines a gift, the sender will receive a notification via email.
8.6.6 If a recipient of a gift already owns a vehicle included in the gift, that vehicle’s full cost in gold as at the time of purchase in the Premium Shop will be automatically compensated to the recipient. The vehicle will not be transferred to the recipient’s account.
8.6.7 Any vehicles sent as a gift will be transferred together with a corresponding Garage Slot.
8.6.8 If the sender of a gift cancels the payment or fails to pay after the recipient accepts the gift, both accounts will be blocked until the circumstances are clarified. Please do not accept gifts from unknown senders.
9. Fan Websites
9.1 This section relates to any fan web site that you may create or operate regarding any of our Games or Resources (collectively, “Fansites,” and each a “Fansite“).
9.2 At some of our Sites we expressly designate certain Content, such as Wargaming game-related images, graphics or artwork and trademarks, as being “for fansite use” (for example see: https://worldoftanks.com/en/news/announcements/world-tanks-fansite-kit/). In this EULA we refer to this specifically designated Content as “Fansite Content“.
9.3 Subject to the terms and conditions herein, Wargaming grants you a non-exclusive, revocable, personal, non-transferable and limited license to reproduce and display Fansite Content on Fansites owned and operated by you and solely for non-commercial purposes. This license is further conditional upon you complying with the following provisions:
9.3.1 you acknowledge and agree that Wargaming retains ownership of the Fansite Content, and any and all derivative works thereof, and has the right to amend, delete, add to or otherwise modify, or to revoke the foregoing license with respect to, any items of Fansite Content at any time;
9.3.2 you agree to include Wargaming’s trademark, copyright or other proprietary rights notices when displaying Fansite Content if we request you to do so and in the manner that we request you to do so;
9.3.3 you agree to comply with any usage guidelines that we may provide to you from time to time;
9.3.4 you shall not remove or alter any identifying information or copyright management information conveyed in connection with copies of Fansite Content, including in digital form, nor challenge Wargaming’s ownership (or the ownership of any third party) of the Fansite Content;
9.3.5 you shall not use or adopt any trademarks that might be confusingly similar to any Fansite Content;
9.3.6 the Fansite will not post material that is disparaging, illegal or infringes on the rights of any third party or that damages (or that might damage) the reputation of Wargaming or of any of the Games;
9.3.7 except as expressly permitted in this EULA, you shall not rent, lease, reproduce, modify, translate the Fansite Content, or make an adaptation of (including without limitation fiction or visual art), or in any way exploit, any of the Content without our express written permission; and
9.3.8 you must not make, or seek to make, any commercial use or profit out of the Fansite Content (including for example by selling subscriptions to your Fansite) without our prior written consent.
9.4 If you fail to comply with any of the terms set out in this section, we reserve the right to terminate your license over the Fansite Content and also to close your Account.
9.5 All goodwill arising from your use of Fansite Content, including from use of any trademarks owned by Wargaming, shall inure solely to the benefit of Wargaming.
10. User Generated Content
10.1 General. Some Resources permit you to create or upload content which you own, have created or otherwise have appropriate rights in (which we refer to in this EULA as “User Generated Content” or “UGC”). UGC includes, for example: Account personas, forum posts, chat posts, voice chat, messenger type features, profile content and any other content or materials contributed by users to, on, or through the Resources. If Wargaming believes that your use or uploading of UGC breaches any of the terms and conditions set forth herein, then Wargaming may remove, block, edit, move or disable such UGC in its sole discretion. If you contravene any of the terms and conditions herein, Wargaming reserves the right to suspend or permanently remove availability of your UGC and to take any other steps that we consider appropriate.
10.2 License Grant to Wargaming. By posting or publishing UGC, you grant Wargaming a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your UGC, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Any such use of your UGC by Wargaming may be without any compensation paid to you.
10.3 License Grant to Other Users. By posting and sharing UGC on the Resources or otherwise with another user of the Resources, you hereby grant that user a non-exclusive license to access and use such UGC as permitted by this EULA and the functionality of the Resources.
10.4 You are solely responsible for your UGC and the consequences of posting or publishing UGC. By posting or publishing UGC on or through the Resources, you affirm, represent, and warrant that:
10.4.1 any part of the UGC which comprises or incorporates any of our intellectual property rights remains our property and, as between us and you, we own the UGC which you create that is a derivative work of our intellectual property rights;
10.4.2 you are the creator of or otherwise own the rights in the UGC that you make available to or through the Resources, or, for any UGC that is owned by a third party, you have the express authorization of such third party to upload such UGC to or through the Resources;
10.4.3 no item of UGC that you upload infringes the intellectual property rights or privacy or any other rights of anyone else or is illegal or breaches this EULA;
10.4.4 you waive and agree not to assert any moral rights or similar rights you may have in UGC;
10.4.5 you are solely responsible for your UGC, and acknowledge that Wargaming does not pre-screen any UGC and does not endorse, approve, or pre-screen any UGC that you and other users may contribute to Resources;
10.4.6 you must not in any way claim or suggest that any UGC is endorsed, supported by, or affiliated with us; and
10.4.7 Your use of the Resources or Content, including the UGC you upload, complies with all applicable laws and legislation and is not harmful, offensive, defamatory, sexually explicit, obscene, violent, threatening, harassing, abusive, falsely representative of your persona, invasive of someone else’s privacy, illegal or likely to cause any reputational loss or embarrassment to Wargaming or its affiliates.
10.5 USERS OF THE RESOURCES CREATE, DOWNLOAD AND USE UGC AT THEIR OWN RISK. WE ARE UNDER NO OBLIGATION TO EDIT OR CONTROL UGC THAT YOU OR OTHER USERS POST OR PUBLISH, AND WILL NOT BE IN ANY WAY RESPONSIBLE OR LIABLE FOR UGC. WARGAMING MAY, HOWEVER, AT ANY TIME AND WITHOUT PRIOR NOTICE, SCREEN, REMOVE, EDIT, OR BLOCK ANY UGC THAT AT OUR SOLE JUDGMENT VIOLATES THIS EULA OR IS OTHERWISE OBJECTIONABLE. YOU UNDERSTAND THAT WHEN USING THE RESOURCES YOU WILL BE EXPOSED TO UGC FROM A VARIETY OF SOURCES AND ACKNOWLEDGE THAT UGC MAY BE INACCURATE, OFFENSIVE, INDECENT OR OBJECTIONABLE. YOU AGREE TO WAIVE, AND DO HEREBY WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST WARGAMING WITH RESPECT TO UGC. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH UGC. IF NOTIFIED BY A USER OR CONTENT OWNER THAT UGC ALLEGEDLY DOES NOT CONFORM TO THIS EULA, WE MAY INVESTIGATE THE ALLEGATION AND DETERMINE AT OUR SOLE DISCRETION WHETHER TO REMOVE THE UGC, WHICH WE RESERVE THE RIGHT TO DO AT ANY TIME AND WITHOUT NOTICE. FOR CLARITY, WARGAMING DOES NOT PERMIT COPYRIGHT-INFRINGING ACTIVITIES ON THE RESOURCES.
11. Feedback and User Submissions
11.1 We are always pleased to hear from our users and welcome specific comments about our Resources. Unfortunately, however, our long-standing company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those we have specifically requested. The aim of this policy is to avoid the possibility of future misunderstandings when projects that we develop might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative suggestions, ideas, notes, drawings, concepts or other information such as game ideas or original artwork (“Submissions“).
11.2 Any and all Submissions that you send to us, whether at our specific request or notwithstanding our request that you do not do so, shall be deemed, and shall remain, our property from the time of uploading or transmission.
11.3 Accordingly, you hereby assign to Wargaming (including as a present assignment of future rights) all intellectual property rights in Submissions that you send to us to the extent owned by you. If for any reason this assignment is not effective, then you agree that Wargaming shall have a worldwide, perpetual, irrevocable and royalty-free license to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense (including, without limitation, to third party media channels, platforms, and distributors), publicly perform, publicly display, and otherwise use and exploit in any manner whatsoever, or grant third parties the right to do any of the foregoing, all or any portion of your Submissions, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You further irrevocably grant us the right, but not the obligation, to use your name in connection with your Submissions. You also agree to waive any right of approval for our use of the rights granted herein and agree to waive any moral rights that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights. To the extent permitted by applicable laws, you also waive any moral rights or rights of a like nature that you may have in such Submissions.
11.4 You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this section. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to existing or future intellectual property rights relating to your Submissions. You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant us the rights granted in this section.
12.1 The Rules set out how we expect you to behave when using any of the Games or Games Forums. Please review the Rules carefully before using any of the Games or Games Forums. We may take appropriate disciplinary measures, including account termination and deletion, for inappropriate behavior including, but not limited to:
12.1.1 impersonating any person, business or entity, including an employee of Wargaming, or communicating in any way that makes it appear that the communication originates from Wargaming;
12.1.2 posting identifying information about yourself or other users to the Sites or within the Games;
12.1.3 harassing, stalking or threatening other users in the Game;
12.1.4 removing, altering or concealing any copyright, trademark, patent or other proprietary rights notice of Wargaming contained in the Sites, the Game and/or the Resources.
12.1.5 transmitting content that violates or infringes the rights of others, including patent, trademark, trade secret, copyright, publicity, personal rights or other rights;
12.1.6 transmitting or communicating any content which, at the sole and exclusive discretion of Wargaming, is deemed offensive, including language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminatory, or otherwise objectionable, or that constitutes cyberbullying;
12.1.7 transmitting or facilitating the transmission of any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information;
12.1.8 spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings;
12.1.9 participating in any action which, in the sole and exclusive judgment of Wargaming, defrauds any other user of the Game, including by scamming or social engineering;
12.1.10 using any unauthorized third party programs, including hacks, cheats, scripts, bots, trainers and automation programs that interact with the Resources in any way, for any purpose, including any unauthorized third party programs that intercept, emulate, or redirect any communication between the software and Wargaming and any unauthorized third party programs that collect information about the Game by reading areas of memory used by the software to store information;
12.1.11 developing and using any software designed to modify the Game client and change gaming experience (mods) unless expressly permitted by Wargaming;
12.1.12 accessing or attempting to access areas of the Game or Game servers that have not been made available to the public;
12.1.13 selecting a user name that is falsely indicative of an association with Wargaming, contains personally identifying information, or that is offensive, defamatory, vulgar, obscene, sexually explicit, discriminatory or otherwise objectionable. You may not use a misspelling or an alternative spelling to circumvent this restriction on user name choices. Wargaming may modify any name which, in the sole and exclusive judgment of Wargaming, violates this provision, without notification to you, and may take further disciplinary measures, including account termination for repeated violations;
12.1.14 playing on another person’s account to “boost” that account’s status or rank; or
12.1.15 performing, soliciting, or assisting with a distributed denial of service (DDoS) attack against the Resources or any user.
12.2 If you contravene the Forum Rules, we may, at our sole discretion, take some or all of the following actions without any notice to you:
12.2.1 we may restrict your access to the Games Forums to read-only status for a short period of time;
12.2.2 we may restrict your access to the Games Forums to read-only status for a longer period of time;
12.2.3 we may restrict your access to the Games Forums to read-only status permanently; and/or
12.2.4 we may suspend or terminate your Account as provided in section 13.
12.3 If you contravene the Game Rules, we may, at our sole discretion, take some or all of the following actions without any notice to you:
12.3.1 we may suspend or terminate your access to certain Game functionality, including the “game chat” functionality in the Game;
12.3.2 we may suspend or terminate your Account as provided in section 13.
12.4 If you encounter another user who is contravening any of the Rules or other terms of this EULA, please report this activity to Wargaming using the “Help” or “Report Abuse” functions in the relevant Game or Games Forum if available, or otherwise contact Customer Support at https://na.wargaming.net/support/.
13. Suspension and Termination of Use, Account or Resources
13.1 If you violate any provision of this EULA, then we may, at our sole discretion depending on the seriousness of the breach and without any notice to you, take some or all of the following actions:
in each case the level of seriousness of the breach shall be determined exclusively by Wargaming and you agree not to appeal against such Wargaming decisions.
13.2 If we suspend your Account, then during the period of that suspension you will not be able to access your Account or use any of the Resources. If we close your Account, then you will never be able to access your Account and we may also prohibit you from accessing or using the Resources in future.
13.4 We also reserve the right to modify or discontinue any or all of the Resources at any time (including, without limitation, by limiting or discontinuing certain features of the Resources) without notice to you. We will have no liability whatsoever on account of any change to the Resources or any suspension or termination of your access to or use of the Resources.
14. Interruptions to the Resources
14.1 From time to time we may need to update, reset, temporarily interrupt or shut down some or all of the Resources. Any of these actions may cause you to lose access to the Resources temporarily and/or cause you setbacks within a Game or other aspects of your use of the Resources. Please bear in mind that these activities are sometimes required to enable us to continue to provide the Resources.
14.2 We shall have no liability to you if the Resources or any aspect of them (including any Additional Features, accounts, statistics, user ranks or profile information) are interrupted or unavailable for any reason. We may suspend or terminate the availability of the Resources and Content, in whole or in part, to any individual user or all users, for any reason, at Wargaming’s sole discretion, and without any advance notice or liability.
15. Links to Third Party Sites
16. Technical Requirements
By using the Resources you agree that you have the necessary hardware, software and capability (including a suitable connection to the Internet) required for the use of the Resources. We accept no responsibility or liability for any failure of your system to meet the technical requirements of our Resources.
17. Patches, Updates and Changes
17.1 From time to time, we may need to:
17.1.1 deploy or provide patches, updates, additional content or other modifications to the Resources (for example to enhance online gameplay, to add new features or to resolve software bugs); and
17.1.2 remove or suspend access to particular features, content or other parts of the Resources.
17.2 We need to take the actions referred to in this section automatically in order to keep the Resources running efficiently. It is therefore not practicable to ask for your approval or even to notify you before we take these actions and you confirm that you consent to us taking these actions without your prior approval and without any prior notice.
18. Alpha and Beta Tests
18.1 We may give you the opportunity to alpha or beta test new games and features of the Resources. Your participation as an alpha/beta tester is subject to the following terms and conditions.
18.2 Unless expressly indicated otherwise, all alpha/beta tests are confidential. The alpha/beta games, including information about features and functionality to be offered as part of the games, are confidential. If you participate in an alpha/beta test, you must safeguard and prevent unauthorized access to, copying, disclosure, and unauthorized use of the alpha/beta games. You will carry out the testing personally and not provide access to alpha/beta games to any other person. Your obligation to keep the alpha/beta games confidential will continue until we publicly distribute, or otherwise disclose to the public through no fault of yours, each of the games and the content that you are testing.
18.3 If Wargaming notifies you that you have been selected as an alpha/beta tester for an applicable alpha/beta game, you are invited to play the alpha/beta game for the sole purpose of evaluating the alpha/beta game and identifying errors. Nothing in this EULA or the Sites shall be construed as granting you any rights or privileges of any kind with respect to the alpha/beta games. THE ALPHA/BETA GAMES ARE PROVIDED FOR TESTING ON AN “AS IS” BASIS AND WE MAKE NO WARRANTY TO YOU OF ANY KIND, EXPRESS OR IMPLIED.
18.4 When playing certain alpha/beta games, you may accumulate or have access to Additional Features or other features referred to as treasure, experience points, equipment, or other value or status indicators. We may reset this data when the relevant game completes this testing phase or at any time during the testing process. In this case, all player history and data will be erased and each player will return to novice status.
18.5 By starting an alpha/beta game, you agree that:
18.5.1 playing alpha/beta Games is at your own risk and that you know that the games may include known or unknown bugs;
18.5.2 any value or status indicators that you achieve through game play may be erased at any time;
18.5.3 we have no obligation to make these Games available for play without charge for any period of time, nor to make them available at all;
18.5.4 these Games may be available only by subscription once the testing process is complete or at any time in the future;
18.5.5 this EULA applies to your use of the games during the testing phase; and
18.5.6 unless otherwise expressly indicated by Wargaming, you will keep all information about the alpha/beta games confidential and not disclose such information to any other person.
19. Epilepsy Warning
Certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns in everyday life. Such people may have a seizure while watching certain monitor images or playing certain video games. This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, consult your doctor prior to playing. We advise that parents should monitor the use of video games by their children. If you or your child experience any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement or convulsion, while playing a video game, IMMEDIATELY discontinue use of the video game and consult your doctor. Please also note that when using a video game you should take certain standard health and safety precautions, including avoiding playing the game when tired or fatigued, taking 10 to 15 minute breaks every hour, sitting a reasonable distance from the screen, and playing the game in a well-lit environment.
20. Copyright Infringement
20.1 DMCA Notification. Wargaming responds to copyright notifications submitted under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). To submit a notice of claimed copyright infringement under U.S. law, provide our designated agent with the following written information:
20.1.1 A physical or electronic signature of the copyright owner or a person authorized to act on his or her behalf;
20.1.2 Identification of the copyrighted work claimed to have been infringed;
20.1.3 Identification of the infringing material and information reasonably sufficient to permit us to locate that material;
20.1.4 Your contact information, including your address, telephone number, and an e-mail address;
20.1.5 A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law; and
20.1.6 A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated agent is:
Wargaming (USA) Inc.
1209 Orange Street
Wilmington, DE 19801
You can obtain further information from the Copyright Office’s online directory at www.dmca.copyright.gov/osp . We will respond to notifications of claimed copyright infringement in accordance with the DMCA.
20.2 Counter Notification. If you believe that your material has been removed in error in response to a copyright notification, you may submit a counter notification to our designated agent with the following written information:
20.2.1 A physical or electronic signature;
20.2.2 Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
20.2.3 A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
20.2.4 Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which Wargaming may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
We will respond to counter notifications in accordance with the DMCA.
You agree that you are responsible for your use of the Resources, and you agree to defend, indemnify, and hold harmless Wargaming and its affiliates, and their officers, directors, employees, consultants, and agents (collectively, the “Wargaming Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Resources; (ii) your violation of this EULA or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your Submissions; (v) your use of a Third Party Service; (vi) any misrepresentation by you or (vii) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim. You will not in any event settle any claim without our prior written consent. This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Resources.
22. Disclaimers; No Warranties
22.1 EXCEPT AS OTHERWISE SET FORTH HEREIN, THE RESOURCES, GAMES, ANCILLARY SERVICES AND ALL CONTENT AVAILABLE THROUGH THE RESOURCES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE WARGAMING ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS, IMPLIED OR OTHERWISE, RELATING TO THE RESOURCES AND ALL CONTENT AVAILABLE THROUGH THE RESOURCES, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING, USAGE, OR TRADE. THE WARGAMING ENTITIES DO NOT WARRANT THAT THE RESOURCES OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE RESOURCES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
22.2 YOU UNDERSTAND AND AGREE THAT YOU USE THE RESOURCES AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE RESOURCES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE RESOURCES) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE RESOURCES OR THE DOWNLOAD OR USE OF ANY GAMES, MATERIALS OR CONTENT.
23. Limitation of Liability
23.1 IN NO EVENT WILL THE WARGAMING ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR COST OF PROCURING SUBSTITUTE GOODS OR RESOURCES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE RESOURCES OR ANY GAMES, MATERIALS OR CONTENT ON OR THROUGH THE RESOURCES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE WARGAMING ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
23.2 YOU AGREE THAT THE AGGREGATE LIABILITY OF THE WARGAMING ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE RESOURCES (INCLUDING ANY GAMES, MATERIALS OR CONTENT AVAILABLE THROUGH THE RESOURCES) OR OTHERWISE UNDER THIS EULA, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO WARGAMING IN THE 12 MONTHS PRIOR TO THE CLAIM FOR ACCESS TO AND USE OF THE SPECIFIC RESOURCES OR GAME FROM WHICH THE CLAIM AROSE OR (ii) $100.
23.3 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
23.4 EACH PROVISION OF THIS EULA THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS EULA BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS EULA. THE LIMITATIONS IN THIS SECTION 21 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
24. Governing Law and Jurisdiction
This EULA and any dispute, claim or obligation (whether contractual or non-contractual) arising out of or in connection with it or its subject matter or formation shall be governed by laws of the State of California, USA, without regard to the conflict of laws principles thereof. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Wargaming agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Alameda County, California, USA for the purpose of litigating all such disputes.
25. Dispute Resolution and Arbitration
25.1 Generally. In the interest of resolving disputes between you and Wargaming in the most expedient and cost effective manner, you and Wargaming agree that any and all disputes arising in connection with this EULA shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of this EULA, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of this EULA. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS EULA, YOU AND WARGAMING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
25.2 Exceptions. Notwithstanding subsection 25.1, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
25.3 Arbitrator. Any arbitration between you and Wargaming will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules“) of the American Arbitration Association (“AAA“), as modified by this EULA, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Wargaming.
25.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice“). Wargaming’s address for Notice is: Wargaming Group Limited, 105, Agion Omologiton Avenue, Nicosia 1080, Cyprus. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand“). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Wargaming may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Wargaming shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, Wargaming shall pay you (i) the amount awarded by the arbitrator, if any, (ii) the last written settlement amount offered by Wargaming in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.00, whichever is greater.
25.5 Fees. In the event that you commence arbitration in accordance with this EULA, Wargaming will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Alameda County, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Wargaming for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
25.6 No Class Actions. YOU AND WARGAMING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Wargaming agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
25.7 Modifications. In the event that Wargaming makes any future change to this arbitration provision (other than a change to Wargaming’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Wargaming’s address for Notice, in which case your account with Wargaming shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
25.8 Enforceability. If Subsection 25.6 is found to be unenforceable or if the entirety of this Section 25 is found to be unenforceable, then the entirety of this Section 25 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 25 shall govern any action arising out of or related to this EULA.
26. Copyright and Trademark Notices
“World of Tanks”, “World of Warplanes”, “World of Warships”, “World of Tanks Blitz”, “Wargaming.net”, “Wargaming” and their respective logos are trademarks or registered trademarks of Wargaming. You may not use or display such trademarks in any manner, except as expressly set out in this EULA. All third party trademarks and service marks that appear in the Games are the property of their respective owners and all rights in them are reserved.
World of Warships is not licensed, endorsed, and/or affiliated with any branch of Federal, State, and/or sovereign government, or any military branch or service thereof, throughout the world. All trademarks and trademark rights pertaining to warships are proprietary to the respective rights holders.
27. Term and Termination
27.1 This EULA shall come into effect upon its acceptance by you and remain in force until you or Wargaming terminate(s) your Account. Termination of your Account shall constitute termination of this EULA.
27.2 You may terminate your account at any time by contacting customer service at https://na.wargaming.net/support/. If you terminate your Account, you will remain obligated to pay all outstanding fees, if any, relating to your use of the Resources incurred prior to termination. Upon any termination of your Account or the Resources, we may remove all Additional Features from that Account and you will not be entitled to any refunds or compensation.
27.3 Wargaming may terminate your Account for the reasons and according to the process set out in this EULA, including in section 13 “Suspension and Termination of Use, Account or Resources”, or for any other legitimate reason and in accordance with any other legitimate process.
27.4 The provisions of this EULA and any applicable Rules, which by their nature should survive termination of your use of the Resources, Account and this EULA, will survive.
28. General Provisions
28.1 Consent or Approval. No consent or approval of Wargaming may be deemed to have been granted by Wargaming without being in writing and signed by an officer of Wargaming.
28.2 Severability; Interpretation; Assignment. If any provision of this EULA, or any applicable Rules, is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from this EULA or the Rules, and the invalidity of the provision will not affect the validity or enforceability of the remainder of this EULA or the Rules. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. Wargaming may assign its rights and obligations under this EULA and any applicable Rules, in whole or in part, to any party at any time without any notice. This EULA and any applicable Rules may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Wargaming.
28.3 Complete Agreement; No Waiver. This EULA, and any applicable Rules, reflect our complete agreement regarding the Resources and supersede any prior agreements, representations, warranties, assurances or discussion related to the Resources. Except as expressly set forth in this EULA or any applicable Rules, (i) no failure or delay by you or Wargaming in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of this EULA or any applicable Rules will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
28.4 Investigations; Cooperation with Law Enforcement. Wargaming reserves the right to investigate and prosecute any suspected breaches of this EULA or the Resources. Wargaming may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
28.5 California Consumer Rights and Notices. Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
29. Contact Us
If you have any questions, complaints, or comments regarding this EULA, please contact us at https://na.wargaming.net/support/. If you are a California resident, you may have this EULA mailed to you electronically by sending a letter to the address above with your electronic mail address and a request for this EULA. You acknowledge that the provision of support is at Wargaming’s sole discretion and that we have no obligation to provide you with customer support of any kind. When you communicate with us electronically, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.