As a result of being selected to participate in this test of Avatar: Reckoning (the “Game”) provided by Sixjoy Hong Kong Limited (“we/us/Company”) you may be exposed to information considered proprietary and confidential. This information includes, but is not limited to, any information disclosed by us to you (including any Game content, videos, audios, recordings, inventions, processes, formulas, technology, designs, drawings programs, algorithms, devices, methods, techniques, processes, tools and systems, development stages, know-how, notes, models, reports, samples, any communication between us), or accessed or provided by you, in relation to the Game (including any feedback provided and the Game itself), whether in oral, written, graphic, machine readable or other form (the “Confidential Information”).
By agreeing to participate in this test you hereby agree to maintain the strict confidentiality of the above-defined Confidential Information proprietary and use it only for the purposes permitted in writing by us. This includes but is not limited to (i) not disclosing or sharing (including on social networks and online forums) any Confidential Information, gaming experiences, using images, video, sound effects, in-game music or other assets from our Game to any person or entity other than as permitted by us, with any family, friends, other acquaintances, or any other third-party; and (ii) not make any public announcements related to test or the Game, including publishing or disclosing any information (e.g. screenshots and specifications) relating to the test, without our prior written approval, which we may grant or withhold in our sole discretion.
Because of the unique and highly sensitive nature of the Confidential Information, you acknowledge that the Company and/or its licensors/licensees and/or its affiliates (collectively, the “Group”) will suffer irreparable harm if you fail to comply with the provisions of this Agreement, and that monetary damages will be inadequate to compensate the Group for such breach.
Accordingly, you agree that the Group will, in addition to any other remedies available to it at law or in equity, be entitled to injunctive and other equitable relief to enforce this Agreement.
In addition, you agree to indemnify, defend and hold harmless the Group from and against all claims, damages, liabilities, losses and expenses (including attorneys’ fees and costs) arising out of or relating to your breach of this Agreement.
Nothing in this Agreement is intended to grant any rights to you under any patent, copyright, or other intellectual property right of the Group, nor will this Agreement grant you any rights in or to the Confidential Information, except as expressly set forth in our End User License Agreement.
This Agreement will survive until all Confidential Information becomes publicly known and made generally available through no action or inaction of you.
This Agreement shall form part of the End User License Agreement you enter with us.
By clicking consent, you agree to and acknowledge the obligations and consequences set forth in this Agreement.
Last Updated: 21 June 2022
Thank you for using our products and services! We respect your concerns about privacy and appreciate your trust and confidence in us.
Here is a summary of the information contained in this privacy policy (“Privacy Policy”).
This summary is to help you navigate the Privacy Policy and it is not a substitute for reading everything! You can use the hyperlinks below to jump directly to particular sections.
If you register your interest in Avatar or the Avatar Closed Beta Test (if you are located in Canada or the Philippines) through the Website, we will collect your email address or phone number, IP address and operating system. We will collect your email address to let you know when Avatar is launched in your region. More Information.
We use your information to provide you with the latest news about Avatar or to send you a link through the Website to participate in the Avatar Closed Beta Test (if you are located in Canada or the Philippines). We do not share your information with any third parties, except where we need to in order to provide the Website or where we are instructed to by a court, authority or compelled by law. More Information.
We use some third parties to help us deliver the best possible experience (such as to send you a link to sign up for the Avatar Closed Beta Test). When we use a third party, we only do this to process or store your information for the purposes described in this Privacy Policy. We also have affiliates around the world who help us deliver the Website, and we may be required by a court or legal obligation to disclose certain information in some circumstances. More Information.
Our servers are located in Singapore and the United States. Your information can be accessed from outside of where you live by our support, engineering and other teams around the world, including Singapore. More Information.
We generally retain your information for the lifetime of the Website, after which your data is deleted (as further described in this Privacy Policy), unless otherwise required by applicable laws. More Information.
Depending on where you are, you may have certain rights with respect to your information, such as rights of access, to receive a copy of your data, or to delete your data or restrict or object to our processing of your data. More Information.
If you have any questions about anything in this Privacy Policy, or want to exercise any rights you may have, please contact us here.
Changes to this Privacy Policy will be posted here. Please check this page frequently to see if there are any updates or changes to this Privacy Policy. More Information.
Data Controller: Sixjoy Hong Kong Limited | Email: dpo@avatarreckoning.com
This Privacy Policy explains the when, how and why when it comes to the processing of your personal information when you register your interest in the Avatar game or the Avatar Closed Beta Test (if you are located in Canada or
the Philippines) through the Avatar website (“Website”) and sets out your choices and rights in relation to that information. Please read it carefully – it is important for you to understand how we collect and use your information,
and how you can control it.
If you do not agree to the processing of your personal information in the way this Privacy Policy describes, please do not provide your details through the Website. By providing your details through the Website you are
acknowledging our rules regarding your personal information as described in this Privacy Policy.
The Website has been developed by Sixjoy Hong Kong Limited (“we”, “us”, “our”).
For the purpose of data protection laws,
the data controller of your personal information in relation to the Website is Sixjoy Hong Kong Limited. The registered address of Sixjoy Hong Kong Limited is Room 907, Wing Tuck Commercial Centre, 177-183 Wing Lok Street,
Hong Kong.
Our data protection officer can be contacted at dpo@avatarreckoning.com.
Our representatives for data protection purposes in certain jurisdictions are as follows:
Jurisdiction | Representative | Address | Contact details |
---|---|---|---|
EU | Tencent International Service Europe B.V. | Gustav Mahlerplein 2, 1082 MA, Amsterdam, the Netherlands | eudataprotection@tencent.com |
Korea | Tencent Korea Yuhan Hoesa | 152, Taeheran-ro, Gangnam-gu (Gangnam Finance Center, Yeoksam-dong), Seoul, Korea | dpo@avatarreckoning.com |
Turkey | Özdağıstanli Ekici Avukatlık Ortaklığı. | Varyap Meridian Grand Tower ABlok Al Zambak Sok No: 2 K: 32 D. 270 Ataşehir Istanbul Turkey | tencent@iptech-legal.com |
Please reach out to us if you have any questions or concerns regarding the processing of your personal information: you can contact us anytime at dpo@avatarreckoning.com.
Children must not use the Website for any purpose, except where their parent or guardian has provided consent (to the extent this option is available in your jurisdiction).
By children, we mean users under the age of 18 years
old; or in the case of a region where the minimum age for processing personal information differs, such different age. For users located in certain regions we have listed the relevant minimum age in the table below.
Region in which the user is located | Minimum age of the user |
---|---|
Algeria | 19 |
Algeria | 13 |
Australia | 18 |
Bangladesh | 18 |
Brazil | 18 |
Colombia | 18 |
Cambodia | 18 |
Canada | 13 |
Egypt | 18 |
European Economic Area/Switzerland | 16 |
Hong Kong | 18 |
Indonesia | 21 |
Japan | 18 |
Kingdom of Saudi Arabia | 18 |
Kuwait | 21 |
Macau | 18 |
Malaysia | 18 |
Mexico | 18 |
Morocco | 18 |
Myanmar | 18 |
New Zealand | 16 |
Nigeria | 13 |
Philippines | 18 |
Qatar | 18 |
Republic of Korea | 14 |
Russia | 14 |
Serbia | 15 |
Singapore | 13 |
South Africa | 18 |
Sri Lanka | 18 |
Taiwan | 20 |
Thailand | 20 |
Tunisia | 18 |
Turkey | 18 |
United Arab Emirates | 21 |
United Kingdom | 13 |
United States | 13 |
Vietnam | 16 |
We do not knowingly collect personal information from children under these ages for any purpose. If you believe that we have personal information of a child under these ages without parental/guardian consent, or if you are the parent or guardian of the user and wish to withdraw consent, please contact us at dpo@avatarreckoning.com and we will delete such information.
We use cookies and other similar technologies (e.g. web beacons, log files, scripts and eTags) (“Cookies”) to enhance your experience using the Website. Cookies are small files which, when placed on your device, enable us to provide
certain features and functionalities.
For more information about our Cookies policy, click here.
This section describes the different types of personal information we collect from you in connection with the Website and how we collect it. For users who live in the United Kingdom, the European Economic Area, Switzerland, Thailand, Brazil or Turkey (“Relevant Jurisdiction”), it also identifies the legal basis under which we process your data.
Website | ||
---|---|---|
Website (for CBT registration) If you are located in Canada: Email address, operating system and IP address (to determine your region) If you are located in the Philippines: Phone number address, operating system and IP address (to determine your region) |
We use this information to send you an invitation link to the Avatar CBT. | Contract to allow you to register your interest in the Avatar game and participate in the CBT. |
Website (to receive updates about Avatar): Email address, operating system, IP address (to determine your region) | We use this information to provide you with information, news and updates about when Avatar will be launched or available in your region. | Consent. |
Google Analytics via Firebase: Default Firebase implementation collects: User device dimensions and in-app events such as number of users and sessions, session duration, operating systems, device models, geography, first launches, app opens, app updates, in-app purchases Firebase collects the following device dimensions: Age, app store, app version, country, device brand, device category, device model, first open time, gender, interests, language, new/established, OS version. Analytics also generates and assigns an app-instance ID to each instance of an app Firebase automatically collects the following in-app events: including advertising analytics such as ad clicks, ad exposure, ad impression, ad query, ad exposure, application analytics such as app usage, appclearance, app crashes, app removal, app payment analytics, app update and use analytics, website usage analytics, such as web clicks, browser downloads, notification, video progress, search analytics |
We use this information for analytics purposes. | Legitimate interests to understand how the Website is used, improve the Website and provide a better Website experience. |
Our corporate group operates around the world. Pursuant to our contract with you to provide the Website, your personal information will be processed on servers that may not be located where you live. No matter where our servers
are located, we take appropriate measures to safeguard your rights in accordance with this Privacy Policy. Our servers for the Website are located in Singapore and the United States.
In addition, your information can be
accessed from outside of where you live by our support, engineering and other teams around the world, including Singapore.
By clicking “accept”, you consent to the cross-border transfer of your information to any country
where we have databases or affiliates and, in particular, to Singapore and the United States.
Only where necessary will we share your personal information with third parties. Situations where this occur are:
• Third parties that provide services in support of the Website, including to send you news
about Avatar and to process data for analytics purposes to understand the use of the Website. All companies providing services for us are prohibited from retaining, using, or disclosing your personal information for any purpose
other than providing us with their services.
• Companies within our corporate group who process your personal information in order to operate the Website. All related group companies may only use your personal information
in accordance with this Privacy Policy.
• Regulators, judicial authorities and law enforcement agencies, and other third parties for safety, security, or compliance with the law. There are circumstances in which
we are legally required to disclose information about you to authorities, such as to comply with a legal obligation or processes, enforce our terms, address issues relating to security or fraud, or protect our users. These
disclosures may be made with or without your consent, and with or without notice, in compliance with the terms of valid legal process such as a subpoena, court order, or search warrant. We are usually prohibited from notifying
you of any such disclosures by the terms of the legal process. We may seek your consent to disclose information in response to a governmental entity’s request when that governmental entity has not provided the required subpoena,
court order, or search warrant. We may also disclose your information to:
enforce our terms and conditions and other agreements, including investigation of any potential violation thereof;
odetect, prevent or otherwise address security, fraud or technical issues; or
oprotect the rights, property or safety of us, our users, a third party or the public as required or permitted by law (exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction).
• A third party that acquires all or substantially all of us or our business. We may also disclose your information to third parties if we either: (a) sell, transfer, merge, consolidate or re-organise any part(s) of
our business, or merge with, acquire or form a joint venture with, any other business, in which case we may disclose your data to any prospective buyer, new owner, or other third party involved in such change to our business;
or (b) sell or transfer any of our assets, in which case the information we hold about you may be sold as part of those assets and may be transferred to any prospective buyer, new owner, or other third party involved in such
sale or transfer.
We are committed to maintaining the privacy and integrity of your personal information no matter where it is stored. We have information security and access policies that limit access to our systems and technology, and we protect
data through the use of technological protection measures such as encryption.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will implement and maintain reasonable
measures to protect your personal information, we cannot guarantee the security of the information transmitted through the Website or otherwise via the Internet; any transmission is at your own risk.
We do not keep your data for longer than is necessary unless we are required to do so under law. For further details on how long we keep your data, please refer to the time periods set out below.
Website | |
---|---|
Website (for CBT registration) Website (to receive updates about Avatar) |
Stored for the lifetime of the Website (until deletion in accordance with your request) and then deleted within 30 days. |
Google Analytics | 14 months before automatic deletion. |
If we are required to retain your information beyond the retention periods set out above, for example to comply with applicable laws, we will store it separately from other types of personal information.
Some jurisdictions’ laws grant specific rights to users of the Website which are set out in this section.
This section entitled “Your Rights” applies to users that are located in the Relevant Jurisdictions.
The sub-sections entitled “Access”, “Correction”, and “Erasure” also apply to users that are located in Canada, Argentina, India, Russia and the Kingdom of Saudi Arabia.
The sub-section entitled “Advertising” also apply to users that are located in Hong Kong, Macau, Japan, Malaysia, Singapore, Korea, Thailand, United States, Canada, Australia, New Zealand, Argentina, Brazil, Cambodia, Egypt, India, Indonesia, Laos, Maldives, Mexico, Morocco, Myanmar, Philippines, Russia, Sri Lanka, Taiwan, Turkey, UAE, Saudi Arabia and Vietnam.
You may have certain rights in relation to the personal information we hold about you, depending on where you are located. Some of these only apply in certain circumstances (as set out in more detail below). We must respond
to a request by you to exercise those rights without undue delay and at least within one month (though this may be extended by a further two months in certain circumstances). To exercise any of your rights, please contact us
at dpo@avatarreckoning.com.
Access
You have the right to access personal information we hold about you, how we use it, and who we share it with. If you believe we hold any other personal information about you, please contact us
at dpo@avatarreckoning.com.
PortabilityYou have the right to receive a copy of certain personal information we process about you. This comprises any personal information we process on the basis of your consent or pursuant to our
contract with you, as described above in the section “How We Use Your Personal Information”. You have the right to receive this information in a structured, commonly used and machine-readable format. You also have the right
to request that we transfer that personal information to another party, with certain exceptions. We will provide further information to you about this if you make such a request.
If you wish for us to transfer such personal
information to a third party, please ensure you detail that party in your request. Note that we can only do so where it is technically feasible. Please note that we may not be able to provide you with personal information if
providing it would interfere with another’s rights (for example, where providing the personal information we hold about you would reveal information about another person or our trade secrets or intellectual property).
CorrectionYou have the right to correct any of your personal information we hold that is inaccurate. If you believe we hold any other personal information about you and that information is inaccurate,
please contact us at dpo@avatarreckoning.com.
ErasureIf there is any other personal information you believe we process that you would like us to erase, please contact us at dpo@avatarreckoning.com.
We may need to retain personal information if
there are valid grounds under data protection laws for us to do so (for example, for the defence of legal claims or freedom of expression) but we will let you know if that is the case. Where you have requested that we erase
personal information that has been made available publicly on the Website and there are grounds for erasure, we will use reasonable steps to try to tell others that are displaying the personal information or providing links
to the personal information to erase it too.
Restriction of Processing to Storage OnlyYou have a right to require us to stop processing the personal information we hold about you other than for storage purposes in certain circumstances. Please note,
however, that if we stop processing the personal information, we may use it again if there are valid grounds under data protection laws for us to do so (for example, for the defence of legal claims or for another’s protection).
As above, where we agree to stop processing the personal information, we will try to tell any third party to whom we have disclosed the relevant personal information so that they can stop processing it too.
ObjectionYou have the right to object to our processing of your personal information. We will consider your request in other circumstances as detailed below by contacting us at dpo@avatarreckoning.com.
To the extent provided by applicable laws and regulations, you may withdraw any consent you previously provided to us for certain processing activities by contacting us at dpo@avatarreckoning.com. Where consent is required
to process your personal information, if you do not consent to the processing or if you withdraw your consent we may not be able to deliver the expected service.
AnnouncementsWe may from time to time send you announcements when we consider it necessary to do so (for example, when we temporarily suspend access to the Website for maintenance, or security, privacy
or administrative-related communications). You may not opt-out of these service-related announcements, which are not promotional in nature.
AdvertisingYou may choose to stop receiving personalised advertising or marketing promotions from us when using Avatar by contacting us at dpo@avatarreckoning.com.
Questions, comments and requests regarding this Privacy Policy are welcomed and should be addressed to dpo@avatarreckoning.com.
In the event that you wish to make a complaint about how we process your personal information, please contact us in the first instance at dpo@avatarreckoning.com and we will endeavour to deal with your request as soon as possible. This is without prejudice to your right to launch a claim with the data protection authority in the country in which you live or work where you think we have infringed data protection laws.
If we make any material changes to this Privacy Policy we will post the updated Privacy Policy here. Please check this page frequently to see if there are any updates or changes.
Some jurisdictions’ laws contain additional terms for users of the Website, which are set out in this section.
If you are a user located in one of the jurisdictions below, the terms set out below under the name of your jurisdiction apply to you in addition to the terms set out in our Privacy Policy above.
AlgeriaBy using this Website, you give us your consent for the collection, storage, treatment and use of your personal information, and transfer of your personal information to a third party (local cloud providers to back up your data or our affiliates around the world to help us deliver the Website) located in Singapore and the United States (as described in the Privacy Policy) where it is manually and electronically treated.
ArgentinaYour rightsIf you are dissatisfied with our response to your request for access to, correction, or erasure of your personal information or your privacy complaint in respect of your personal information, you may contact the Agency for Access to Public Information at: Av. Pte. Gral. Julio A. Roca 710, Piso 2°, Ciudad de Buenos Aires (Telephone: +5411 3988-3968 or email: datospersonales@aaip.gob.ar).
Data transfersWhile we take reasonable steps to ensure that third party recipients of your personal information comply with privacy laws that are similar to those of your jurisdiction, by providing us your personal information and by using the Website, you consent to the transfer of your personal information to a jurisdiction where privacy laws may not offer the same level of protection as the laws that may apply in Argentina.
AustraliaOverseas RecipientsWe take reasonable steps to ensure that third party recipients of your personal information located outside Australia handle your personal information in a manner that
is consistent with Australian privacy laws. However, you acknowledge that we do not control, or accept liability for, the acts and omissions of these third party recipients.AccessYou have the right to access personal
information we hold about you, how we use it, and who we share it with. You can access the personal information you have made available as part of your account by logging into your account. If you believe we hold any other
personal information about you, please contact us at dpo@avatarreckoning.com.CorrectionYou have the right to correct any of your personal information we hold that is inaccurate. You can access the personal information
we hold about you by logging into your Website account. If you believe we hold any other personal information about you and that information is inaccurate, please contact us at dpo@avatarreckoning.com.ChildrenIf
you are under the age of 18, you undertake that you have the consent of your parent or legal guardian to register an account on and use the Website.Transacting AnonymouslyWhere practicable, we will give you the
option of not identifying yourself or using a pseudonym when registering an account on or using the Website. You acknowledge that if you do not provide us with your personal information, we may be unable to provide you with
access to certain features or sections of the Website, including social media integration and in-Website purchases.Your RightsIf you are dissatisfied with our response to your request for access to, or correction
of, your personal information or your privacy complaint in respect of your personal information, you may contact the Office of the Australian Information Commissioner (Telephone: +61 1300 363 992 or email: enquiries@oaic.gov.au).
Data TransfersWhile we take reasonable steps to ensure that third party recipients of your personal information comply with privacy laws that are similar to those of your jurisdiction, you acknowledge and agree
that we cannot control the actions of third party recipients and so cannot guarantee that they will comply with those privacy laws.
BangladeshAgreementBy accepting this Privacy Policy, you expressly state that you authorise us to collect, use, store, and process your personal data, including disclosing to third parties,
to the extent provided by this Privacy Policy. By clicking “accept”, you consent to the cross-border transfer of your information to any country where we have databases or affiliates and, in particular, to Singapore and the
United States. Age RestrictionIn order to use the Website, you represent that you are at least 18 years old and, therefore, legally capable of entering into binding contracts. BrazilThis section
applies to users located in Brazil:Consent RevocationWhenever we use your personal information based on your consent, you may revoke the consent that you have previously given for the collection, use and disclosure
of your personal information, subject to contractual or legal limitations. To revoke such consent, you may terminate your account or you can contact dpo@avatarreckoning.com. This may affect our provision of the Website to you.Parental and Guardian ConsentIf
you are under the age of 18, you should not use the Website for any purpose without first obtaining parental/guardian agreement to this Privacy Policy (both for themselves and on your behalf). We do not knowingly collect personal
information from any children under the age of 18 without such consent. Please contact our Data Protection Officer if you believe we have any personal information from any children under the age of 18 without such parental/guardian
consent – we will promptly investigate (and remove) such personal information.BY ACCEPTING THIS PRIVACY POLICY, YOU EXPRESSLY STATE THAT YOU AUTHORISE US TO COLLECT, USE, STORE, AND PROCESS YOUR PERSONAL INFORMATION, INCLUDING, DISCLOSING TO THIRD PARTIES, TO THE EXTENT PROVIDED BY THIS PRIVACY POLICY.
CaliforniaThis section applies to California residents covered by the California Consumer Privacy Act of 2018 (“CCPA”).Collection and Disclosure of Personal InformationOver the past
12 months, we have collected and disclosed the following categories of personal information from or about you or your device:• Identifiers, such as email address, operating system and IP address. This information is collected directly from you and your device and from social media platforms if you choose to sign up using a social media account.
• Internet or other electronic network activity information, such as your information regarding your use of the Website and other device information as described in the main Privacy Policy. This information is collected directly from you and your device.
• Other information described in subdivision (e) of Section 1798.80, including information about your gender, nationality, or age. This information is collected directly from you in the context of being our consumer.We
collect your personal information for the following purposes:• To provide you with the Website and inform you about when Avatar is launched in your region.• To improve our services, including the functionality of the Website.
• To address and remediate technical issues and bugs.For additional information about what each type of personal information is used for, see this chart in the main portion of the Privacy
Policy.
We disclose personal information to the following types of entities:• Other companies within our corporate group who process your personal information in order to operate the Website.
• Other companies that provide services on our behalf in support of the Website and who are prohibited by contract from retaining, using, or disclosing personal information for any purpose other than for providing their services
to us.• Regulators, judicial authorities and law enforcement agencies• Entities that acquire all or substantially all of our business.
In the past 12 months, we have not sold Personal Information of California residents within the meaning of “sold” in the CCPA.Rights under the CCPA:If you are a California resident, you have the
right to:• Request we disclose to you free of charge the following information covering the 12 months preceding your request:
• othe categories of personal information about you that we collected;
• othe categories of sources from which the personal information was collected;• othe purpose for collecting personal information about you;
• othe categories of third parties to whom we disclosed personal information about you and the categories of personal information that was disclosed (if applicable) and the purpose for disclosing the personal information about
you; and
• othe specific pieces of personal information we collected about you;• Request we delete personal information we collected from you, unless CCPA recognises an exception; and
• Be free from unlawful discrimination for exercising your rights including providing a different level or quality of services or denying goods or services to you when you exercise your rights under the CCPA. We
aim to fulfil all verified requests within 45 days pursuant to the CCPA. If necessary, extensions for an additional 45 days will be accompanied by an explanation for the delay.
How to Exercise Your RightsFirst, you may wish to log into your account and manage your data from there. If you are a California resident to whom the CCPA applies, you may also exercise your rights, if any,
regarding other data by contacting us at dpo@avatarreckoning.com.CanadaIf you are located in Canada and wish to obtain written information about our policies and practices with respect to our service providers
located outside Canada, you may contact us at dpo@avatarreckoning.com. Our privacy experts who monitor this email address are also able to answer any questions users may have about the collection, use, disclosure or storage
of personal information by our service providers.
Where we use service providers who might have access to your personal information, we require them to have privacy and security standards that are comparable to ours. We
use contracts and other measures with our service providers to maintain the confidentiality and security of your personal information and to prevent it from being used for any purpose other than as provided in this Privacy
Policy.
ColombiaHow We Use Your Personal InformationFrom the entry into force of this Privacy Policy, at the time of the collection of your personal data, we will request your prior authorization,
by informing you about the specific purposes of the processing of your personal data for which such consent is obtained under the Privacy Policy.
Your authorization may be expressed (i) by writing, (ii) orally or (iii)
through unequivocal conducts that allow us to reasonably conclude that your authorization was granted, such as the act of accepting the Privacy Policy. We may keep evidence of said authorizations, while respecting the principles
of confidentiality and privacy of information.Your Rights
As a data subject you have certain rights, including (i) to access, update and rectify your personal data; (ii) to request a copy of the consent you
have given us; (iii) to be informed about how we have processed your personal data; (iv) to file claims before your country’s data protection authority; (v) to revoke the consent you have given us to process your personal data,
unless the processing is based on compelling legitimate grounds or is needed for legal reasons; (vi) to ask for the suppression of your personal data (right to erasure); and (vii) to freely access your information.
You
can contact us if you want to exercise any of these rights through our contact information in the section ‘Contact & Complaints’ of this Privacy Policy. Proceedings For The Exercise Of Your RightsQueries (rights
to access): You can file queries regarding the processing of your personal data by us.
Claims (right to correction and erasure): You have the right to file claims in relation to the processing of your personal data by
clearly describing the facts that give rise to your claim.EgyptThis Privacy Policy is provided in Arabic for users located in Egypt. In case of dispute, the Arabic version of this Privacy Policy shall
prevail.
By clicking “accept” or by proceeding with the sign up process, you acknowledge that you have read, understood, and consented to this Privacy Policy. If you do not consent to this Privacy Policy, you must not
use the Website.
You are acknowledging your consent to the processing, storage, and cross-border transfer of your personal data. The cross border transfer may be to any country in which we have databases or affiliates,
in particular Singapore and the United States
You also acknowledge your consent to receiving marketing messages from us, whether through e-mails or pop-ups or other such means.
If you are a new user, you have seven
days to inform us of any objection you may have to this Privacy Policy.
As an Egyptian data subject, you have certain rights under the Egyptian Personal Data Protection Law.FranceYour RightsInstructions for the processing of your personal data after your deathYou
have the right to provide us with general or specific instructions for the retention, deletion, and communication of your personal data after your death.
The specific instructions are only valid for the processing activities
mentioned therein and the processing of these instructions is subject to your specific consent.
You may amend or revoke your instructions at any time.
You may designate a person responsible for the implementation of
your instructions. This person will be informed of your instructions in the event of your death, and be entitled to request their implementation from us. In the absence of designation or, unless otherwise provided for, in the
event of the death of the designated person, their heirs will have the right to be informed of your instructions and to request their implementation from us.
When you wish to make such instructions, please contact us at
dpo@avatarreckoning.com.
Hong Kong
As a Hong Kong data subject you have legal rights in relation to the personal information we hold about you (to the extent permitted under applicable laws and regulations).
You are entitled
to make a subject access request to receive a copy of the data we process about you, a data correction request as well as a right to reject to the use of your personal data for direct marketing purposes. A fee may be chargeable
by us for complying with a data access request.IndiaAge RestrictionsParental consent is required for children under the age of 18 years to use the Website.
Sharing Of Your Sensitive Personal InformationWhere
we permit any third parties to collect and use Sensitive Personal Information, we shall use reasonable measures to ensure that the third parties do not further disclose the Sensitive Personal Information to the extent required
by applicable laws.Withdrawal Of Consent To the extent provided by applicable laws and regulations, you may withdraw any consent you previously provided to us for certain processing activities by contacting us
at dpo@avatarreckoning.com. Where consent is required to process your personal information, if you do not consent to the processing or if you withdraw your consent, we may not be able to deliver the expected service. IndonesiaConsentBy
accepting and consenting to this Privacy Policy, you agree that we may collect, use and share your personal information in accordance with this Privacy Policy, as revised from time to time. If you do not agree to this Privacy
Policy, you must not access or use our services and we have the right to not provide you with access to our services.Parental and Guardian ConsentIf you are under the age of 21, you undertake that you have the
consent of your parent or legal guardian to register an account on and use the Website.Data Subject RightsYou have the right to access your personal information stored in our Website from time to time in accordance
with applicable data privacy laws and regulations in Indonesia.Data BreachIn the event we fail to maintain the confidentiality of your personal information in the Website, we will notify you through the contact
information provided by you or via the Website, to the extent required by local laws and regulations.Data RetentionWe will retain your personal information in line with legal requirements. Notification to Amendment of this Privacy PolicyIf
you fail to explicitly express your objection to any amended version of this Privacy Policy within fourteen (14) days of the date the relevant amended version of this Privacy Policy is made available, you will be considered
as having accepted the changes and agreed to the new Privacy Policy. However, you may stop using or accessing our Website by unsubscribing or ceasing your use of the Website at any time, if you cease to agree with the amended
Privacy Policy.Data Accuracy and Third Party ConsentYou are responsible for making sure that any personal details which you provide to us are accurate and current. In order to confirm the accuracy of the information,
we may also verify the information provided to us, at any time. You hereby represent that you have secured all necessary consent(s) before providing us with any other person’s personal information (for example, for referral
promotions), in which case we will always assume that you have already obtained prior consent, and as such, you will be responsible for any claims whatsoever from any party arising as a result of the absence of such consent(s).
JapanMinimum AgeIf you are under the age of 18, you must obtain your parent’s or legal guardian’s consent to register an account on and use the Website.Consent to transfer to third partiesBy
clicking “accept”, you consent to the transfer of your personal information to third parties (if any), which may include the cross-border transfer of your information to any country where we have databases or affiliates and,
in particular, to Singapore and the United States.Your RightsYou may request us to notify you about the purposes of use of, to disclose, to make any correction to, to discontinue the use or provision of, and/or
to delete any and all of your personal information which is stored by us, to the extent provided by the Act on the Protection of Personal Information of Japan. When you wish to make such requests, please contact us at dpo@avatarreckoning.com.
Kingdom of Saudi ArabiaYou consent to the collection, use, disclosure, transfer, export (to the extent permitted by applicable laws) and storage of your personal information as described in this Privacy
Policy.
KuwaitYou represent that you are at least 21 years old, or 18 years old and have obtained parental/guardian consent and, therefore, legally capable of contracting under the applicable laws and regulations
in Kuwait.
By accepting this Privacy Policy, you expressly state that you authorise us to collect, use, store, and process your personal data and to disclose this data to third parties whether inside or outside of Kuwait,
in line with the provisions of this Privacy Policy.
Macau SARYou have the right not to provide your personal information. However, as a result, we may not be able to provide the Website to you. As a Macau SAR data subject you have legal rights in relation to
your personal information (to the extent permitted under applicable laws and regulations). You are entitled to make a subject access request to request a copy of the data we process about you, to make a data correction request,
and have the right to oppose the use of your personal information for marketing or any other form of commercial prospecting, or on any grounds of personal nature. A fee may be chargeable by us for complying with a data access
request.
MalaysiaParental and Guardian ConsentIf you are under the age of 18, please do not use the Website.
In the event you are agreeing to this Privacy Policy in order for a minor to access
and use the Website, you hereby consent to the provision of personal information of the minor to be processed in accordance with this Privacy Policy and you personally accept and agree to be bound by the terms in this Privacy
Policy. Further, you hereby agree to take responsibility for the actions of such minor, and that minor’s compliance with this Privacy Policy.Your RightsRight of access: You have the right to request access to and
obtain a copy of your personal information that we have collected and is being processed by or on behalf of us. We reserve the right to impose a fee for providing access to your personal information in the amounts as permitted
under law.
When handling a data access request, we are permitted to request for certain information to verify the identity of the requester to ensure that he/she is the person legally entitled to make the data access request.
Right
of correction: You may request for the correction of your personal information. When handling a data correction request, we are permitted to request for certain information to verify the identity of the requester to ensure
that he/she is the person legally entitled to make the data correction request.
Right to limit processing of your personal information: You may request to limit the processing of your personal information by using the contact
details provided above. However, this may affect our provision of the Website to you. ContactTo protect your personal information and handle complaints relating to your personal information, we have appointed the
following department responsible for managing and protecting your personal information. • Our data protection officer, responsible for the management and safety of your personal information
• oTelephone: +603-22872388• oEmail: dpo@avatarreckoning.com
MexicoLanguageThis Privacy Policy is provided in Spanish for users located in Mexico. In case of dispute, the Spanish version of this Privacy Policy shall prevail.Age RestrictionsYou
won’t be able to use the Website unless you are 18 years old or you have obtained parental/guardian agreement to this Privacy Policy (both for themselves and on your behalf).
Types of Personal Information We UseForData
Transfer Consent clarification purposes, in section "The types of personal information we use” and section “How we use your personal information” you can find full details about the personal data we use. Therefore, we are providing
you with complete information about the personal data we use, in terms of the Federal Law on Protection of Personal Data held by Private Parties and other applicable regulations. Purposes of ProcessingSome of the
purposes of processing stated above are for voluntary purposes, including to show you personalised recommendations and advertising. We may also use your personal data for the voluntary purpose of sending information to your
email information that we may consider relevant to you. You may object the processing of your personal data for voluntary purposes as stated in the section “Your Rights” below.
Please, be informed that we may also use
your personal data to comply with legal obligations or requests from competent authorities, assert or defend our rights before the competent authorities / courts, respond to requests you send us in relation to your personal
data and to carry out the transfer of personal data detailed in section “How we store and share your personal information”. Data Transfer ConsentIn general, we do not require your consent to carry out the transfers
detailed in section “How we store and share your personal information”. However, we require your consent to transfer your personal data to a third party that acquires all or substantially all of us or our business.
By using
the Website and providing us with your personal data, you agree to the data transfers detailed above that require your consent. You may exercise your rights in connection with your personal data as stated in the section “Your
Rights” below.Your RightsThe sub-sections entitled “Access”, “Correction”, “Erasure”, “Objection”, “Restriction of Processing to Storage Only “, which includes the limitation to the use and disclosure of your personal
data, and “Advertising” included in Section “Your Rights” above also apply to users that are located in Mexico.
You also have the right to revoke the consent that you have provided us to process your personal data.
To
exercise any of your rights, contact our Data Protection Officer at dpo@avatarreckoning.com.
To know more about your rights, as well as the applicable means, procedures and requirements to exercise any of your rights, please
contact our Data Protection Officer at dpo@avatarreckoning.com. CookiesThrough the use of cookies, we collect certain information related to your browsing and device, some of which may be considered personal data
(detailed in the relevant sections above). You may be able to refuse or disable cookies by adjusting your browser settings. Because each browser is different, you should consult the instructions provided by your browser. If
you choose to refuse, disable, or delete cookies, some of the functionalities of the Website may no longer be available to you. For more information about our use of cookies and how to disable them, please visit our Cookie
policy.
MoroccoThe protection of your privacy is an important principle for us. We collect information for purposes strictly necessary for the proper use of the Website.
By accepting these conditions of use, you
explicitly accept that your personal data may be subject to processing by the Website.
Kindly note:
• the identity of the Data Controller is Sixjoy Hong Kong Limited, email: dpo@avatarreckoning.com.
• the purposes of the processing for which the data is intended are set out in the table in the section “How we use your personal information”.• recipients or categories of recipients are set out in the second paragraph of the section “How We Store and Share Your Personal Information”.
• whether the answer to the questions is compulsory or optional, as well as the possible consequences of a lack of answer: please refer to the section “How we use your personal information” and the section “Your Rights” (sub-paragraph “Objection”).
New ZealandThis section applies to users located in New Zealand:
Overseas Recipients We take reasonable steps to ensure that third party recipients of your personal information located outside
New Zealand handle your personal information in a manner that is consistent with New Zealand privacy laws. However, you acknowledge that we do not control, or accept liability for, the acts and omissions of these third party
recipients.
AccessYou have the right to access personal information we hold about you, how we use it, and who we share it with. You can access the personal information you have made available as part of your account by logging
into your account. If you believe we hold any other personal information about you, please contact us at dpo@avatarreckoning.com.
CorrectionYou have the right to request the correction of any of your personal
information we hold that is inaccurate. You can access the personal information we hold about you by logging into your account. If you believe we hold any other personal information about you and that information is inaccurate,
please contact us at dpo@avatarreckoning.com.ChildrenIf you are under the age of 16, you undertake that you have the consent of your parent or legal guardian to register an account on and use the Website.Your RightsIf
you are dissatisfied with our response to your request for access to, or correction of, your personal information or your privacy complaint in respect of your personal information, you may contact the Office of the New Zealand
Privacy Commissioner (www.privacy.org.nz). Data TransfersWhile we take reasonable steps to ensure that third party recipients of your personal information comply with privacy laws that are similar to those of your
jurisdiction, you acknowledge and agree that we cannot control the actions of third party recipients and so cannot guarantee that they will comply with those privacy laws.
PeruYou may exercise rights related to the protection of personal information by requesting access to your personal information or the correction, deletion or suspension of processing of your personal information,
etc. pursuant to applicable laws such as the Personal Data Protection Law (the “Law”).
You may also exercise these rights through your legal guardian or someone who has been authorised by you to exercise the right. However,
in this case, you must submit a power of attorney to us in accordance with the Law.
Upon your request, we will take necessary measures without delay in accordance with applicable laws such as the Law.
You can also
withdraw your consent or demand a suspension of the personal information processing at any time.
If you consider that your request has not been met you may file a claim with the Peruvian National Authority of Personal
Data Protection.ContactTo protect your personal information and handle complaints relating to your personal information, we have appointed the following department responsible for managing and protecting your personal
information.
• Data Protection Team, responsible for the management and safety of your personal information• Contact: dpo@avatarreckoning.com
PhilippinesMinimum AgeYou must be at least 18 years of age to be able to use the Website.Your RightsYou are entitled to the following rights:
• Right to be informed. You may in certain circumstances have the right to be informed whether personal data pertaining to you is being, or has been proc essed, including the existence of automated decision-making and profiling.
• Right to object. You may in certain circumstances have the right to object to the processing of your personal information, including processing for direct marketing, automated processing or profiling.
• Right to access. You may in certain circumstances have the right to seek reasonable access to, upon request, your personal information.
• Right to rectification. You may in certain circumstances have the right to dispute an inaccuracy or error in your personal informat ion and have us correct it, unless the request is vexatious or otherwise unreasonable.
• Right to erasure or blocking. You may in certain circumstances have the right to suspend, withdraw or seek the blocking, removal or destruction of your personal information.
Consent
• collecting and processing your personal information as described in the section “How We Use Your Personal Information” above;
• sharing your personal information with third parties, companies within our corporate group, and a third party that acquires substantially all or substantially all of us or our business, as described in this Privacy Policy and for the purposes stated herein; and
• transferring or storing your personal information in destinations outside the Philippines as described in the section “How We Store and Share Your Personal Information” above.
QatarIf you are using the Website in Qatar, you consent (for the purposes of Law No. 13 of 2016 on the Protection of Personal Data, as may amended from time to time) to the processing of your information in accordance with this Privacy Policy.
Republic of KoreaHow We Store and Share Your Personal Information
Provision of personal information to third parties
We provide your personal information to third parties as described below:
Name of Recipient (and contact information) | Types of Personal Information provided | Purpose of Use by Recipient | Period of Retention and Use by Recipient |
---|---|---|---|
Analytics (Firebase)https://firebase.google.com/support/privacy (United States unless otherwise described in the service provider’s privacy policy) |
Default Firebase implementation collects: User device dimensions and in-app events such as number of users and sessions, session duration, operating systems, device models, geography, first launches, app opens, app updates, in-app purchases Firebase collects the following device dimensions: Age, app store, app version, country, device brand, device category, device model, first open time, gender, interests, language, new/established, OS version. Analytics also generates and assigns an app-instance ID to each instance of an app Firebase automatically collects the following in-app events: including advertising analytics such as ad clicks, ad exposure, ad impression, ad query, ad exposure, application analytics such as app usage, app clearance, app crashes, app removal, app payment analytics, app update and use analytics, website usage analytics, such as web clicks, browser downloads, notification, video progress, search analytics | To understand how the Website is used, improve the Website and provide a better Website experience. | In accordance with the Google Analytics privacy policy. |
Aceville Pte Ltd (cloudlegalnotices@tencent.com) | All personal information collected | Storage of personal information | For the data retention period specified under “Data Retention”. |
Overseas Transfer of Personal Information We transfer personal information to third parties overseas as follows:
Recipient (Contact Information of Information Manager) | Country to which Your Personal Information is to be Transferred | Date and Method of Transfer | Types of Your Personal Information to be Transferred | Purposes of Use by Recipients | Period of Retention of Use by Recipient |
---|---|---|---|---|---|
Google Analytics (Firebase) https://firebase.google.com/support/privacy(United States unless otherwise described in the service provider’s privacy policy) | United States unless otherwise described in the service provider’s privacy policy | Transmitted from time to time | Default Firebase implementation collects: User device dimensions and in-app events such as number of users and sessions, session duration, operating systems, device models, geography, first launches, app opens, app updates, in-app purchases Firebase collects the following device dimensions: Age, app store, app version, country, device brand, device category, device model, first open time, gender, interests, language, new/established, OS version. Analytics also generates and assigns an app-instance ID to each instance of an app Firebase automatically collects the following in-app events: including advertising analytics such as ad clicks, ad exposure, ad impression, | To understand how the Website is used, improve the Website and provide a better Website experience. | In accordance with the Google Analytics privacy policy. |
Aceville Pte Ltd(cloudlegalnotices@tencent.com) | Singapore | Transmitted from time to time | All personal information collected | Storage of personal information | For the data retention period specified under “Data Retention”. |
Data DestructionPersonal information is retained in accordance with the data retention periods as detailed in section “Data Retention”. With the exception of the personal information set out below, personal information,
which has fulfilled the purpose for which it was collected or used, and has reached the period of time during which personal information was to be possessed, will be destroyed in an irreversible way. Personal information stored
in electronic files will be deleted safely in an irreversible way by using technical methods, and printed information will be destroyed by shredding or incinerating such information.
The personal information detailed in
section “Data Retention” are required to be retained pursuant to the following laws:
Act on the Consumer Protection in Electronic Commerce, Etc. | Article 6 of the Act on the Consumer Protection in Electronic Commerce |
In an electronic commerce or a mail-order sale: • Records regarding labelling and advertising (6 months) • Records regarding execution or withdrawal of a contract (5 years) • Records regarding the payment of a price and the supply of goods and services (5 years) • Records regarding customer services or dispute resolution (3 years) |
Protection of Communications Secrets Act | Article 41 of the Decree of the Act, Article 15-2 of the Protection of Communications Secrets Act | • Log records, IP address (3 months) • The date of telecommunications by users, the time that the telecommunications start and end, the frequency of use (12 months) |
Your Rights You may exercise rights related to the protection of personal information by requesting access to your personal information or the correction, deletion or suspension of processing of your personal information,
etc. pursuant to applicable laws such as the Personal Information Protection Act (“PIPA”).
You may also exercise these rights through your legal guardian or someone who has been authorized by you to exercise the right.
However, in this case, you must submit a power of attorney to us in accordance with the Enforcement Regulations of the PIPA.
Upon your request, we will take necessary measures without delay in accordance with applicable
laws such as the PIPA.
You can also withdraw your consent or demand a suspension of the personal information processing at any time. Additional Use and Provision of Personal InformationIn accordance with the
PIPA, we may use or provide personal information within the scope of reasonably related to the initial purpose of the collection, in consideration of whether disadvantages have been caused to data subjects and whether necessary
measures have been taken to secure such as encryption, etc. We will determine with due care whether to use or provide personal information in consideration of general circumstances including relevant laws and regulations such
as the PIPA, purpose of use or provision of personal information, how personal information will be used or provided, items of personal information to be used or provided, matters to which data subjects provided consent or which
were notified/disclosed to data subjects, impact on data subjects upon the use or provision, and measures taken to protect subject information. Specific considerations are as follows:
• whether the additional use/provision is related to the initial purpose of the collection;
• whether the additional use/provision is foreseeable in light of the circumstances under which personal information was collected and practices regarding processing;
• whether the additional use/provision unfairly infringe on the interests of the data subject; and
• whether the necessary security measures such as pseudonymization or encryption were taken.
Domestic Privacy RepresentativePursuant to the Article 32-5 of Network Act and Article 39-11 of the amended PIPA, the information regarding the domestic agent is as follows:
• Name: Tencent Korea Yuhan Hoesa
• Address: 152 Taeheran-ro, Gangnam-gu (Gangnam Finance Center, Yeoksam-dong), Seoul, Korea
• Telephone Number: +82-2-2185-0902
• Email: dpo@avatarreckoning.com
ContactTo protect your personal information and handle complaints relating to your personal information, we have appointed the following department responsible for managing and protecting your personal information.
• Data Protection Department, responsible for the management and safety of your personal information
• Telephone: +82-2-2185-0902
• Email: dpo@avatarreckoning.com
RussiaThe Website is not directed at Russian users or Russian market and, in particular, is not available in the Russian language. However, if you are using the Website in Russia, this section “Russia” applies
to you. By using the Website you consent to:
• for the purposes of the Russian Federal Law No. 152-FZ dated 27 July 2006 “On Personal Data” (as amended) or any replacement regulations, the processing of your information in accordance with this Privacy Policy; if legitimate interests, optimisation of the Website or carrying out of the contract are mentioned herein, you agree that, for the purposes of Russian law, the consent so provided can be considered an additional ground for processing (meaning that the processing is conducted with your consent); this consent also covers the processing of any cookies (to the extent that those qualify as personal data under Russian law);
• the cross-border transfer of your information to any country where we have databases or affiliates, in particular Singapore and the United States;
• for the purposes of Article 152.1 of the Russian Civil Code, the processing of your image in accordance with this Privacy Policy; and
• for the purposes of Federal Law “On Marketing/Advertising”, that we may share advertising/marketing communications with you, unless you have opted-out from such communications. We
will notify you of any material changes and may request you to acknowledge such changes. Unless we require your acknowledgment, you shall be deemed to have agreed to the changes if you continue using the Website after the notification.
As
regards the representative for Russia, you can contact us at dpo@avatarreckoning.com. Please include the word “Russia” in the subject line of your email.
SingaporeBy clicking “accept”, you consent to the cross-border transfer of your information to any country where we have databases or affiliates and, in particular the United States.AccessYou
have the right to access your personal information, how we use it, and who we share it with. You can access the personal information you have made available as part of your account by logging into your account. If you believe
we hold any other personal information about you, please contact us at dpo@avatarreckoning.com.
CorrectionYou have the right to correct any of your personal information that is inaccurate. You can access the
personal information we hold about you by logging into your account. If you believe we hold any other personal information about you and that information is inaccurate, please contact dpo@avatarreckoning.com.
Our designated
data protection officer for the purposes of compliance with the Personal Data Protection Act 2012 can be contacted at dpo@avatarreckoning.com.
South AfricaYou have the right to lodge a complaint with the Information Regulator (South Africa) by emailing it at inforeg@justice.gov.za. The Information Regulator (South Africa)’s physical address is 33 Hoofd Street Forum III, 3rd Floor Braampark, Braamfontein, Johannesburg, South Africa.
Sri LankaBy clicking “accept”, you consent to the terms and conditions of the Privacy Policy and permit the collection, use and disclosure of your personal information. However, if you are under the age of
18, you undertake that you have the consent of your parent or legal guardian to register an account on and use the Website.
Where you request to withdraw consent or, refrain from further processing of data or, erase or,
rectify or, complete your personal information, we will provide you with our response to the request within 21 working days.
TaiwanWe do not knowingly collect or solicit personal information from anyone under the age of 7 or knowingly allow such persons to register on the Website platform. If you are under 7 years of age, please do not attempt to use or register for our Website or send any personal information about yourself to us. No one under the age of 7 may provide any personal information to us while using the Website. In the case of users located in Taiwan, persons under the age of 20 are required to obtain parental/guardian consent prior to using the Website.
ThailandBy clicking “accept”, you acknowledge that you have read, understood, and agree to this Privacy Policy. If you do not agree with this Privacy Policy, you must not use the Website.
You may request
us to discontinue, to restrict the use or provision of, and/or to request for data portability of any and all of your personal information which is stored by us, to the extent provided by the Act on the applicable data privacy
laws and regulations in Thailand, including the Thai Personal Data Protection Act. When you wish to make such requests, please contact us at dpo@avatarreckoning.com.
We will give you notice by email of any material changes
to this Privacy Policy, and give you an opportunity to reject such changes, failing which the changes will become effective as stated in the notice.
TurkeyOur Data Controller Representative in Turkey for the purpose of compliance with Turkish Law on Personal Data Protection Law (“DPL”) and its secondary regulations, Özdağıstanli Ekici Avukatlık Ortaklığı,
can be contacted at tencent@iptech-legal.com. Please include the word “Turkey” in the subject line of your email.
You have legal rights, which are set forth in Article 11 of the DPL, in relation to the personal information
data we hold about you. As a Turkish data subject, you may have the right to apply to the data controller and (to the extent permitted under applicable laws and regulations):
• learn whether or not your personal data has been processed;
• request information about processing if your personal data has been processed;
• learn the purpose of processing of your personal data and whether they have been used accordingly;
• know the third parties in the country or abroad to whom personal data has been transferred;
• request rectification in the event personal data is incomplete or inaccurate and to demand the operations in this regard be reported to third parties your personal data has been transferred to;
• request deletion or destruction of personal data within the framework of the conditions set forth under Article 7 of the DPL and to demand the operations in this regard be reported to third parties your personal data has been transferred to;
• object the occurrence of any consequence that is to your detriment by means of analysis of personal data solely through automated systems, and
• demand compensation for the damages that you have suffered as a result of unlawful processing of your personal data.
In accordance with Article 9 of the DPL, your personal data may be transferred abroad as follows:
Identity of the overseas recipient | Location of the recipient (or as otherwise stated in the recipient’s privacy policy) | Purposes of use of Personal Information by the recipient | Items of Personal Information to be provided |
---|---|---|---|
Google Analytics (Firebase) | United States | To understand how the Website is used, improve the Website and provide a better Website | Default Firebase implementation collects: User device dimensions and in-app events such as number of users and sessions, session duration, operating systems, device models, geography, first launches, app opens, app updates, in-app purchases Firebase collects the following device dimensions: Age, app store, app version, country, device brand, device category, device model, first open time, gender, interests, language, new/established, OS version. Analytics also generates and assigns an app-instance ID to each instance of an app Firebase automatically collects the following in-app events: including advertising analytics such as ad clicks, ad exposure, ad impression, ad query, ad exposure, application analytics such as app usage, app clearance, app crashes, app removal, app payment analytics, app update and use analytics, website usage analytics, such as web clicks, browser downloads, notification, video progress, search analytics |
[Tencent servers] | Singapore |
UkraineBy accepting this Privacy Policy, you expressly authorize us to collect, use, store, and process your personal data, including disclosing to third parties and transferring to countries other than Ukraine, to the extent and for the purpose provided by this Privacy Policy.
United Arab EmiratesYou consent to the collection, use, disclosure, transfer, export (to the extent permitted by applicable laws), sharing and storage of your personal information, as described in the Privacy
Policy.
We may voluntarily report a cyber-security incident where it constitutes a crime under UAE law (e.g. under the UAE Cybercrime Law). The incident can be reported to the relevant authorities for the purpose of investigations.
Please note that voluntary reporting of a cyber-security incident can also be made to the UAE Computer Emergency Response Team (“CERT”). CERT is a security awareness organisation that provides a process for logging incidents
and advising on known cyber security threats in the UAE.
VietnamBy accepting this Privacy Policy, you expressly agree and authorise us to collect, use, store, and process your personal information, including, lawfully disclosing and transferring it to third parties,
as described in this Privacy Policy.
We maintain international standards and security practices for data protection. When your personal information is transferred within or outside your jurisdiction of residence, it will
be subject to the same or higher levels of security practices and data protection by the recipient entity as adhered to by us.
Where we permit any third parties to collect and use your personal information, we shall take
reasonable measures to ensure that the third parties do not further disclose the personal information.
Your personal information, if required to be disclosed to the law enforcement agencies, public authorities or other
judicial bodies and organisations, it will disclosed upon receipt of written request from such organisations. Your RightsYou have the right to access, correct, and erase the personal information we hold about you.
You also have the right to withdraw your earlier provided consent to collect, store, process, use and disclose your personal information and to request us to stop providing your personal information to a third party.
1. A few important notices—arbitration, refunds and damages | 9. Virtual Goods and Game Currency | 17. Service and EULA Modifications |
2. What is this document? When can I play? | 10. Refunds | 18. Warranty Disclaimers |
3. Defined Terms | 11. Beta Testing | 19. Limitation of Liability |
4. Additional Terms | 12. App Store; Console Games | 20. Indemnity |
5. Eligibility and Registration | 13. Feedback | 21. Termination |
6. License and Use of the Services | 14. DMCA/Copyright Policy | 22. Dispute Resolution and Governing Law |
7. Player Conduct | 15. Third Party Websites and Resources | 23. No Assignment |
8. Ownership of the Services | 16. Data Charges and Mobile Devices | 24. Miscellaneous |
25. Contact Information |
PLEASE REVIEW CAREFULLY SECTION 22 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. IMPORTANT NOTICE REGARDING ARBITRATION FOR PLAYERS IN THE UNITED STATES: WHEN YOU AGREE TO THIS EULA YOU ARE AGREEING (WITH LIMITED EXCEPTION)
TO RESOLVE ANY DISPUTE BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. THIS EULA ALSO INCLUDES 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 THIS EULA, YOU MAY NOT INSTALL, COPY, OR USE OUR SERVICES. WE DO NOT NORMALLY OFFER REFUNDS, EXCEPT WHERE EXPRESSLY AUTHORIZED BY US (SEE
SECTION 10 FOR EXCEPTIONS) OR WHERE REFUNDS ARE REQUIRED UNDER LOCAL LAW.
OUR EULA MAY ALSO CONTAIN COUNTRY-SPECIFIC ADDENDA THAT APPLY TO YOU BASED ON THE JURISDICTION IN WHICH YOU RESIDE. To see additional terms applicable
to you (which constitute part of this Agreement and may supersede these terms), please check country-specific addenda below or the country-specific language on the http://www.avatarreckoning.com/EULA-01.html.
If you are a resident
of Canada, then please also see schedule A-1 for further terms.
This is the agreement between you and us for our services you download or access, whether that’s a game, something that supports the game, or something else. You can only use these things once you agree to these terms.
You are now
reading our End User License Agreement (“EULA”) which is a legal agreement between you and Sixjoy Hong Kong Limited (“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 Game, whether or not they are installed or used on a computer, console, or a mobile
device. “Game” means our game that you download and access that is subject to this EULA, regardless of where you download and/or access it, and any documentation, software, updates, Virtual Goods and Content (each defined below)
included in it.
We’ve tried to be straightforward in this EULA and if you have any questions feel free to send us a note at support@avatarreckoning.com (our “Support Email Address”). You’ll notice that we added some text in
italics throughout the EULA to make it easier to read however this text is provided for guidance only, and does not form part of the EULA.
You’ll notice some capitalized terms in this EULA. They’re called “defined terms,” and we use them so we don’t have to repeat the same language again and again, and to make sure that the use of these terms is consistent throughout the EULA. We’ve included the defined terms throughout because we want it to be easy for you to read them in context.
Some Services may be available (or only available) through accessing (or downloading from) a third party platform or store, including but not limited to, Facebook, the Epic Games Store, Steam game platform, the Google Play Store and
Apple App Store (each, an “App Store”). Your use of the Services is also governed by any applicable agreements you have with any App Store (the “App Store Agreement(s)”). In the event of a conflict between any other App Store Agreement(s),
from which you acquire one of our Games, and this EULA with respect to your use of the Services, this EULA will take priority.
The collection of information from you and related to the Services (whether obtained through an App
Store or not) is governed by our Privacy Policy at http://www.avatarreckoning.com/privacy-policy-01.html. Our Privacy Policy explains how we collect, use, and disclose information that we collect from and about you.
The Services we offer have certain age restrictions. Others may require an outside account. When you give us information, you need to make sure it stays up to date. Also, don’t share your account with others without our permission.
(a)
(a) Age. To create a Game Account (as defined below) and access some of our Services, you must be at least the minimum age for consenting to personal data collection under the law in your jurisdiction. If you are between the minimum
age for personal data collection and age of majority in your jurisdiction, your parent or guardian must review this EULA and accept it on your behalf. Parents and guardians are responsible for the acts of their children under 18
years of age when using our Services.
We may allow a minor under the minimum age for personal data collection to register for certain Services with the verified consent of a parent or legal guardian. The parent/legal guardian
may be asked to provide additional documentation or perform additional actions as part of the verification and approval process as consistent with applicable law. We recommend that parents and guardians familiarize themselves with
parental controls on the devices they provide their child.
(b) Account Creation. To access parts of a Game, you may need to create an in-game account (your “Game Account”). Your Game Account, if applicable, is separate from
any account you may have with any App Store (your “App Store Account”). You may be able to create your Game Account using an existing account you have with us or your email address. To the extent you create your Game Account through
the use of a third party account (for example, your account with Facebook or Google), we may access certain personal information that this third party provides to us such as your email address and name to help create your Game
Account. Further information about use of third party accounts is provided in the Privacy Policy at http://www.avatarreckoning.com/privacy-policy-01.html. Please note that you may also be able to play the Game without creating
a Game Account, but you may not be able to access certain parts of the Game, and your Game data may be deleted if you uninstall or otherwise delete the Game.
(c) Keep Your Information Current. It’s important that you provide
us with accurate, complete and up-to-date information for your Game Account and you agree to update such information to keep it that way. If you don’t, we may suspend or terminate your Game Account. You agree that you will not
disclose your Game Account password to anyone and will notify us immediately of any unauthorized use of your Game Account. You are responsible for all activities that occur under your Game Account, whether or not you know about
them. If you believe that your Game Account is no longer secure, then you must immediately notify us at our Support Email Address.
(d) No Account Sharing. You may not sell, resell, rent, lease, share or provide access to your
Game Account to anyone else. We reserve all available legal rights and remedies to prevent unauthorized use of our Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting
your Internet Service Provider (ISP) regarding such unauthorized use.
(e) No False Accounts. You may not create a Game Account for anyone else or create a Game Account in a name other than your own.
As long as you agree to this EULA (and as long as the EULA isn’t terminated—see Section 21), we grant you permission to access and use our Services. If you break the rules or can’t agree, we can’t let you play. Please ensure your system
and devices meet the minimum requirements for the Game. Also, if you suffer from an epileptic condition, please talk to a doctor before playing the Game.
(a) License Grant. So long as you comply with this EULA and, as applicable,
the App Store Agreement(s), we grant you the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to (i) download and install the Game on the device permitted by the App Store
Agreement(s) (if applicable), and (ii) access and use the Services, including any Content, for your personal entertainment purposes leveraging only the functionality of the Game and Services. We and our licensors reserve all rights
not granted to you in this EULA. “Content” means all artwork, titles, themes, objects, characters, names, dialogue, catch phrases, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions,
Virtual Goods (defined in Section 9) and any other content within the Services. Content also includes anything generated, created, or that is otherwise developed within the Services by any user (including you) as a result of interaction
with the functionality of the Services. We may, in our sole discretion, remove, edit or disable any Content for any reason.
(b) Content You Create Outside the Services. “User Content” means any Content that you (or other Game
Account holders) create or obtain outside the Services that you or another user makes available within the Services. To be clear, if Content is created within the Services, it is not User Content; only Content created or obtained
from outside the Services that a user then makes available within the Services is User Content. By making any User Content available through the Services you hereby grant to us the following license: a non-exclusive, transferable,
worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing
the Services and Content to you and to other users of the Services. Except to the extent prohibited by law, you waive the benefit of any “moral rights” or “droit moral” or similar rights in any country to any User Content. We may,
in our sole discretion, remove, edit or disable any User Content at any time and for any reason, including if we determine that the User Content violates this EULA. We do not assume any responsibility or liability for User Content,
for removing it, or not removing it or other Content. We do not pre-screen or review any User Content and do not approve or endorse any User Content that may be available on the Services or our other services.
(c) Service Limits
Based on Where You Live. We may restrict, modify, or limit your access to and use of certain Content, Virtual Goods, an entire Game, or any or all of the Services depending on the territory in which you are located. Without limiting
the foregoing, Content, Virtual Goods, entire Games, or the Services may not be available (in whole or in part) where you are located or may only be available in a modified version, if they do not comply with the laws which apply
in your country.
(d) Retail Purchase. We may offer codes or product keys that can be activated in a Game or used to activate a Game on the App Store. Subject to foreign exchange control regulations applicable in your jurisdiction,
such codes or keys must be purchased (or otherwise obtained legally) through us or one of our authorized retailers to be valid. If you purchase such a code or key from a third party, that third party is responsible for addressing
any issues you have with these codes or keys. Subject to applicable law, we will have no responsibility for these codes or keys purchased from any third party or if any purchase occurred in breach with any applicable foreign exchange
control regulations.
(e) Minimum Requirements. The Game may have minimum requirements for the devices and systems on which you wish to play the Game. We may publish these minimum requirements on the applicable website and/or
otherwise notify you in writing. For an optimal experience, please ensure that your devices and systems will meet these requirements before playing the Game.
(f) Seizure Warning. The Game may contain flashing lights, images,
and other luminous stimulations which may induce epileptic seizures in certain individuals. If you or anyone in your household has an epileptic condition, please consult your doctor before playing any Game. If you experience dizziness,
altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing, please immediately discontinue playing the Game and consult your doctor.
We strive to make all of our players and users feel safe and welcome when using our Services and playing our games and we want everyone to play by the same rules. So, if you use our Services as intended, without cheating, being abusive,
disruptive or disrespectful, or being unfair, you are probably in the clear, but please read all of the terms of this EULA carefully to be sure.
You agree not to do any of the following with respect to the Services, as determined
by us, as applicable:
(a) use them commercially, for a promotional purpose, or for the benefit of any third party or in any manner not permitted by this EULA;
(b) use, or provide, any unauthorized third party programs that
intercept, emulate, or redirect any communication between the Services and us or that collect information about the Game;
(c) use, or provide ancillary offerings to anyone, that are not offered within the Services by us (or
the functionality of the App Store), such as hosting, “leveling” services, mirroring our servers, matchmaking, emulation, communication redirects, mods, hacks, cheats, bots (or any other automated control), trainers and automation
programs that interact with the Services in any way, tunneling, third party program add-ons, and any interference with online or network play;
(d) access or use them on more than one device at a time;
(e) copy, reproduce,
distribute, display, mirror, frame or use them (or any of our other materials, intellectual property, or proprietary information) in a way that is not expressly authorized in this EULA;
(f) sell, rent, lease, license, distribute,
or otherwise transfer the Services, Game or any Content, including, without limitation, Virtual Goods or Game Currency, including participating in or operating so called “secondary markets” for Virtual Goods, Game Currency or Content;
(g)
attempt to reverse engineer (except as otherwise permitted by applicable local law), derive source code from, modify, adapt, translate, datamine, decompile, or disassemble or make derivative works based upon the Services or any
Content;
(h) remove, disable, circumvent, or modify any technological measure we implement to protect them or any of their associated intellectual property;
(i) create, develop, distribute, or use any unauthorized software programs
to gain advantage in any online or other game modes or otherwise Cheat (as defined below);
(j) attempt to probe, scan or test its vulnerability or breach any security or authentication measures;
(k) access, tamper with, or
use non-public areas of the Services;
(l) trespass, or attempt to gain access to a property or location where you do not have permission to be or engage in any activity that may result in injury, death, property damage, nuisance
or other liability;
(m) upload, publish, submit or transmit any User Content, create a user name or account name, or otherwise engage in any behavior that: (i) infringes, misappropriates or violates a third party’s patent, copyright,
trademark, trade secret, contractual rights, moral rights or other intellectual property rights, or rights of publicity or privacy, or any other rights of third parties; (ii) violates, or encourages any conduct that would violate
any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is grossly harmful, racially or ethnically objectionable, disparaging, blasphemous, libelous, defamatory,
obscene, pornographic, paedophilic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent, bullying, or threatening or promotes violence,
money laundering or gambling, terrorism, or actions that are threatening or disrespectful to any person or entity; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities or substances;
(n) engage in
any behavior that: (i) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (ii) is fraudulent, false, misleading or deceptive, including “trolling;” (iii)
is defamatory, obscene, pornographic, vulgar or offensive; (iv) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (v) is disruptive to the Game, App, its users or user community,
is violent, bullying, or threatening or promotes violence, terrorism, or actions that are threatening or disrespectful to any person or entity; or (vi) promotes illegal or harmful activities or substances;
(o) interfere with,
or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services or any of its users;
(p) collect or store any
information that could be used to identify an individual, either itself or combined with other information, from the Services from other users of the Services without their express permission;
(q) behave in a manner which is
detrimental to the enjoyment of the Services by other users as intended by us, in our sole judgment, including, without limitation, harassment, use of abusive or offensive language, game abandonment, game sabotage, spamming, behaving
in a disruptive manner, social engineering, or scamming, or contrary to public morals or public policy;
(r) impersonate or misrepresent your affiliation with any person or entity, or deceives or misleads the addressee about
the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(s) use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions
on the Services or for any other purpose;
(t) play on another person’s Game Account to “boost” that Game Account’s status, level or rank;
(u) use the Services in any way that would affect us adversely or reflect negatively
on us or the Services or discourage any person from using all or any portion of the features of the Services;
(v) encourage, promote, take part in or enable anyone else to do any of the foregoing; or
(w) violate any applicable
law or regulation.
If you encounter another user who is violating any of these rules, please report this activity to us using the “Report Abuse” function in the relevant Game or part of the Service, if available, or contact
us at support@avatarreckoning.com.
Our Service including our Content and Games is owned by us or our licensors. Our Services may let you upload, post and store photos and other content that you own. You retain your ownership of this content, to which we take a license.
We
and our affiliates and licensors own all title, ownership and intellectual property rights in the Services. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated
in or accompanying the Services. You understand and agree that you have no ownership interest in the Services or any Games or Content therein. The Services (and particularly our Games) may have built-in mechanisms designed to prevent
granting one user an unfair advantage over other users (these actions are “Cheating” and the software is the “Cheat Detection Software”). We may add or update our Cheat Detection Software periodically as we may require in our sole
discretion. The Services and/or the Cheat Detection Software may collect and transmit details about your Game Account, gameplay, and unauthorized programs or processes in connection with Cheating, subject to our Privacy Policy
and applicable law. In the event that we in our sole discretion conclude that you are Cheating, you agree that we may exercise any or all of our rights under this EULA, including termination of this EULA and your access to our
Services. In addition, if you Cheat in one Game or Service, we may terminate your license to use all of our Games and Services.
Although we are not obligated to monitor access to or use of the Services or to review or edit any
Content, we have the right to do so for the purpose of operating and publishing the Services, to ensure compliance with this EULA, to protect the health or safety of anyone that we believe may be threatened, to protect our legal
rights and remedies, to report a crime or offensive behavior, or to comply with applicable law. We may (but don’t have to) remove or disable access to any Content, at any time and without notice. We may (but don’t have to) investigate
violations of this EULA or conduct that affects the Services.
We may offer you some cool features in our games for which you must pay. We need special permission to charge your payment method. These features are owned by us.
(a) Purchasing or Obtaining Virtual Goods and Game Currency. Subject
to applicable foreign exchange control regulations in your jurisdiction, we may offer certain upgrades and options within our Games that you can buy with real world currency, including, but not limited to, in-game currency where
permitted under applicable law (“Game Currency”), character skins, mounts and vehicles, digital cards, experience boosts, gear and other customizations for your in-Game characters, and other such digital add-on items that may improve
your Game experience in some way (“Virtual Goods”). Except as otherwise communicated to you within the functionality of the Game, Game Currency and Virtual Goods are not transferable from one Game to another. You may also be able
to obtain certain Virtual Goods and Game Currency without purchase, such as an in-Game award. When you purchase Game Currency, Virtual Goods, or a Game itself (each, a “Transaction”), your purchase will be made through the functionality
available through the App Store or other platforms we make available to you. Prior to making a Transaction, you should make sure you fully understand the agreement that covers your Transaction, whether that agreement is an App
Store Agreement or another payment platform agreement (like our WeGame Platform or a third party payment processor’s terms). There may be limits to the quantity and number of times you can purchase Virtual Goods, Game Currency,
or other aspects of your Transaction. For example, there may be a maximum amount of Game Currency you are able to hold (in-Game) or purchase at a given time, or a maximum number of Transactions you may make per day; these additional
restrictions may be communicated to you via the functionality of the Services. We may, from time to time, modify, amend, or supplement our fees, billing methods and terms applicable to Game Currency, Virtual Goods or to any purchases,
and post those changes in this EULA, in separate terms and conditions or in other terms or agreements posted on the applicable website or as part of the Game or otherwise provided to you by us. Except where prohibited by law in
your jurisdiction, such modifications, amendments, supplements or terms shall be effective immediately upon posting and shall be incorporated by reference into this EULA. If any change is unacceptable to you, you may terminate
the use of your Game Account at any time.
(b) Your License to Virtual Goods and Game Currency. Virtual Goods and Game Currency are digital items and your use of them is governed by this EULA and the App Store Agreement(s). VIRTUAL
GOODS AND GAME CURRENCY HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. VIRTUAL GOODS AND GAME CURRENCY ARE NON-TRANSFERABLE AND NON-TRADABLE, IN WHOLE OR PART, AND ARE NOT PROVIDED FOR INVESTMENT PURPOSES. Virtual Goods
and Game Currency are licensed, not sold. Provided you comply with the terms of this EULA and the App Store Agreement(s), we grant you the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited
right and license to use any Virtual Goods or Game Currency you gain access to, whether purchased or otherwise obtained, solely in connection with your use of the Game in question and within the Game (unless we otherwise communicate
to you that you may use them in multiple Games) and for no other purpose. Unless, expressly permitted by us in a specific Game, you may not trade any such Virtual Good or Game Currency with others. We may cancel, revoke, or otherwise
prevent the use of Virtual Good or Game Currency if we suspect any unauthorized or fraudulent activity, and/or to correct any erroneous application of any Virtual Goods or Game Currency to your Account.
(c) Changes to Game Currency
and Virtual Goods. Except as otherwise prohibited by applicable law, we, in our sole discretion, may modify, substitute, replace, suspend, cancel or eliminate any Game Currency or Virtual Goods, including your ability to access
or use Game Currency or Virtual Goods, without notice or liability to you, such as if we need to temporarily suspend the game to make updates, have an emergency that requires us to disable our Services, or if we need to ultimately
shut a game down for economic or other reasons due to a limited number of users continuing to make use of the online service over time. YOU AGREE THAT YOU WON’T ASSERT OR BRING ANY CLAIM AGAINST US, OUR AFFILIATES, DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, OR LICENSORS (THE “COMPANY PARTIES”) RELATING TO (A) A CLAIM THAT YOU HAVE A PROPRIETARY INTEREST IN ANY GAME CURRENCY OR VIRTUAL GOODS; OR (B) A CLAIM FOR AN ALLEGED MONETARY VALUE OF GAME CURRENCY OR VIRTUAL
GOODS LOST UPON (I) DELETION OR SUSPENSION OF YOUR ACCOUNT, (II) ADJUSTMENTS TO THE GAME THAT RESULT IN THE VALUE OF VIRTUAL GOODS OR GAME CURRENCY CHANGING, OR (III) MODIFICATION, TERMINATION OR EXPIRATION OF THIS EULA.
Subject to applicable law (including as described in each country-specific addendum below), or App Store policy, (i) all Games, Virtual Goods and Game Currency remain our property, have no monetary value and are not redeemable, refundable, or eligible for any other alternate remedy for any “real world” money or anything of monetary value, unless they are defective, unavailable, or do not perform in accordance with the specifications we provide; (ii) we may revoke your license to such Games, Virtual Goods and/or Game Currency at any time consistent with this EULA without notice or liability to you; and (iii) except where the law in your jurisdiction provides a right of withdrawal that cannot be waived by contract, by purchasing and using any Games, Virtual Goods and/or Game Currency, you hereby waive your right to withdraw from your agreement to purchase the applicable Game, Virtual and/or Game Currency and you agree that you will therefore not be eligible to receive a refund (or any alternative remedy) in relation to such Game, Virtual Good and/or Game Currency. Additionally, you hereby agree that any withdrawal right expires immediately upon purchase and delivery of your Game, Virtual Good and/or Game Currency, unless the law in your jurisdiction provides otherwise. This section does not affect your statutory rights.
From time to time we may offer a beta version of one of our Services (a “Beta”). As the name implies, Betas are not commercial launch versions, are not guaranteed to work properly, and may make other parts of your system not work properly
as well. For the license granted to you in Section 6 above to extend to the Beta (meaning, for you to have permission to use the Beta), you acknowledge and agree to the following terms in addition to the rest of this EULA:
(a)
We may automatically delete or modify the information stored on your computer related to the Beta for any reason at any time during the duration of the Beta test;
(b) We may terminate the Beta test at any time, which would then
render your Beta unplayable or unable to function properly. When we terminate a Beta, you must delete the local Beta instance on your computer and all documents and materials you received from us in connection with the Beta;
(c)
Use of a Beta is subject to confidential treatment of that Beta and all elements thereof. "Confidential Information" means any information disclosed by us to you, or accessed or provided by you, in relation to the Beta (including
any feedback provided and the Game itself). You agree that you will:(i) not use any Confidential Information other than as necessary to use the Game in accordance with this EULA;
(ii) maintain Confidential Information in strict confidence and use the same degree of care to protect it as you use to protect your own confidential information, but in no circumstances less than reasonable care;
(iii) not disclose the Confidential Information to any person or entity other than as permitted by us; and
(iv) not make any public announcements related to Beta or the Service, including publishing or disclosing any information (e.g. screenshots and specifications) relating to the Beta, without our prior written approval, which we may grant or withhold in our sole discretion.(d)
Termination of a Beta by us is not grounds for any kind of refund and your participation in a Beta does not entitle you to any compensation or any free Services, including any Content and Game Currency; and
If and when we release
a full (non-Beta) version of the particular Game and we may allow your use of the Game to continue to the full version. If so allowed by us, your continued use of the Game will no longer be subject to this Section 11 but will still
be subject to the rest of this EULA.
If a Game is made available to you via an App Store, or if you play a Game on a console, then additional terms may apply.
Where a Game is made available to you via an App Store (whether on your mobile device or console) you acknowledge
and agree to the terms in Exhibit B-1 with respect to such Game.
We’d love to hear your feedback, good or bad. It helps us improve! But if you give us feedback, we need to be free to use it how we want and without paying you.
We welcome your feedback, comments and suggestions for improvements
to the Services (“Feedback”). You can submit Feedback by emailing us at support@avatarreckoning.com or via the functionality of the Services (if available). If you provide us with any Feedback, you hereby grant us the following
license: a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify,
create derivative works based upon, distribute copies of, publicly perform, publicly display and otherwise exploit the Feedback for any purpose and in any country. This license does not lapse or expire even if we do not exercise
our rights under this license within a period of one year. If you have rights in the Feedback that cannot be licensed to us under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert
those rights. You understand and agree that you are freely giving your Feedback, that we don’t have to use it, and that you will not be compensated in any way for your Feedback. You represent and warrant that you have rights in
any Feedback that you provide to us sufficient to grant us and other affected parties the rights described above, including, without limitation, intellectual property rights or rights of publicity or privacy.
In posting such
Feedback, you warrant that your feedback is in compliance with this EULA and you will not use obscene or offensive language or submit any material that is, or may potentially be, defamatory, abusive or hateful, an invasion of anyone's
privacy, harmful to other users, or breach the applicable laws.
We respect copyright law and expect our users to do the same. It’s our policy to terminate in appropriate circumstances Game Accounts of users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Outside links are for your convenience, but we can’t guarantee them.
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products
or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
This is a reminder that you’re responsible for any data-related charges that you may incur for using our Services.
You are responsible for all data-related charges that you may incur for using our Services, including, without limitation,
mobile, text-messaging, and data charges. You should understand or ask your service provider what charges you may incur before using the Services.
When we update this EULA, you need to agree to the updated version to keep using our Services. We also need the freedom to update any part of the Services whenever we see fit, so we are letting you know we can do so at any time.
We
may (but don’t have to) update this EULA at any time whenever we think there is a need. Subject to applicable law, if we do so, you will be prompted to agree to the updated EULA upon your next access to the Services or when the
updated EULA is otherwise communicated to you. You must agree to these updates to continue using the Services.
We may provide patches, updates, or upgrades to the Services that must be installed in order for you to continue
to use the Services. We may update the Services remotely without notifying you, and you hereby consent to us applying such patches, updates, and upgrades. If your device can prevent automatic updates, you may not be able to access
the Services until you manually update the Services yourself on your device. We may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Services at any time. Subject to applicable law, you
acknowledge that any character data, game progress, game customization or other data related to your use of any particular Game and other elements unique to the Services may cease to be available to you at any time without notice
from us, including, without limitation, after a patch, update, or upgrade is applied by us. You agree that we do not have any maintenance or support obligations with respect to the Services.
Subject to applicable law, we may
change the price of the Services, Games, Virtual Goods, Game Currency or Content, at any time, for any reason, without notice or liability to you.
We don’t make any guarantees about the Services.
TO THE MAXIMUM EXTENT PERMITTED BY LAW THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY PARTIES EXPLICITLY DISCLAIM ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. The Company Parties make no warranty that the
Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The Company Parties make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability
of the Services.
This section limits what you can recover from us in a dispute.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY PARTIES WILL NOT BE LIABLE IN ANY WAY FOR ANY:
(a) LOSS OF PROFITS,
(b) LOST REVENUE,
(c) LOST
SAVINGS,
(d) LOSS OF DATA, OR
(e) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES,
ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE SERVICES, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY
OF THE SERVICES, EVEN IN THE EVENT OF ONE OF A COMPANY PARTY’S FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF THAT COMPANY PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY PARTIES ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE SERVICES WILL
NOT EXCEED: (A) THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) OR ARE PAYABLE BY YOU TO US FOR THE PARTICULAR GAME OR SERVICE IN QUESTION DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY; OR (B)
IF (A) DOES NOT APPLY, FIFTY DOLLARS ($50 USD). THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN
YOU AND US.
Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not
apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction,
and nothing in this EULA will prejudice such rights that you may have as a consumer of the Services.
If someone sues us based on your breach of this EULA or your access/use of the Services, you agree to defend us or pay for our defense in that lawsuit.
You agree to indemnify (in other words, compensate for all and any losses incurred),
pay the defense costs of, and hold the Company Parties and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, costs and expenses
(including, without limitation, attorneys’ fees, costs, and expert witnesses’ fees) that arise out of or in any way are connected with: (a) your access to or use of the Services; or (b) any claim that, if true, would constitute
a breach by you of this EULA. You agree to reimburse us for any payments made or loss suffered by us, whether in a court judgment or settlement, based on any matter covered by this Section 20.
We reserve the right to terminate this EULA as we see fit in accordance with the applicable law. Reasons we may terminate this EULA include, but are not limited to: if we wind down our game offerings in your region, if you violate
this EULA, or if the App Store terminates your App Store Account.
To the fullest extent consistent with applicable law, we may suspend, modify or terminate your access to and use of the Services, including any Game, Virtual
Goods, and Content, with no liability or notice to you in the event that (a) we cease providing the Game to similarly situated users generally; (b) you breach any terms of this EULA (including the App Store Agreement(s) and our
other policies specified in this EULA); (c) the owner of the applicable App Store terminates your App Store Account; or (d) we otherwise deem it necessary to suspend or modify your access to and use of the Services or terminate
this EULA in our sole discretion. You may also terminate this EULA by deleting and uninstalling the Game on any and all of your devices or by deleting your App Store Account. A suspension or modification of your access to and use
of the Services will result in your inability to access and use some or all features of the Services, as determined by us in our sole discretion. Upon any termination of this EULA, the rights granted to you will automatically terminate,
you may no longer exercise any of those rights or this EULA. Subject to applicable law, we may, in our sole discretion, provide continued access to and use of the Services prior to such termination.
Where required by applicable
law, termination of this EULA does not require a court decision to effect termination or a notice served by a court bailiff as a prerequisite to termination.
Except to the extent required by law, all payments and fees are non-refundable
under all circumstances, regardless of whether or not this EULA has been terminated.
The following sections will survive termination of this EULA: 8 (first two sentences only), 13, 19, 20, 22 through 25, and this sentence of
Section 21.
You are agreeing to Laws of Singapore. If there is a dispute between us, we agree it’ll be resolved through arbitration, with each of us paying our own costs.
(a) Governing Law. You agree that any dispute, controversy, difference,
or claim arising out of or relating to this EULA, a Game, or the Services, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising
out of or relating to this EULA, a Game, or the Services (collectively, “Disputes”) will be resolved in accordance with the laws of Singapore without reference to choice of law rules and not including the provisions of the 1980
U.N. Convention on Contracts for the International Sale of Goods. Any law or regulation which provides that the language of a contract will be construed against the drafter will not apply to this EULA.
(b) Dispute Resolution.
Any Dispute will be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) under the Arbitration Rules of the SIAC in force at the time of delivery of the arbitration
notice, which rules are deemed to be incorporated by reference in this clause.
(c) Arbitration Rules. The arbitration will be conducted in accordance with laws of Singapore with the seat of the arbitration in Singapore and the
language of the proceedings will be in English. The Tribunal will consist of three (3) arbitrators, with each party nominating one arbitrator within thirty (30) days after the delivery of the arbitration notice. The appointment
of such arbitrators will be confirmed by the SIAC, and both arbitrators will be instructed to and will agree on the third arbitrator within ten (10) days of their confirmation by the SIAC. Should either party fail to appoint an
arbitrator, or should the two arbitrators fail within ten (10) days to reach agreement on the third arbitrator, such arbitrator(s) will be appointed by the Secretary General of the SIAC. The arbitrators will award only such damages
as are permitted to be awarded pursuant to this EULA.
(d) Costs. Each party will pay its own costs and expenses (including, without limitation, counsel fees) of any such arbitration; provided, however, that the parties will
equally share the fees and expenses of the arbitrators.
(e) Injunctive Relief. Notwithstanding anything to the contrary in this EULA, either party may always apply to a court of competent jurisdiction for an injunction or any
other legal or equitable relief.
You cannot transfer or assign this EULA to anyone else.
You may not assign or transfer this EULA, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this EULA, without such
consent, will be null and void. Notwithstanding the title of this Section, we may freely assign or transfer this EULA without restriction. Subject to the foregoing, this EULA will bind and inure to the benefit of the parties, their
successors and permitted assigns.
This EULA is our whole agreement (no outside promises). The official version is English. If parts of this EULA don’t apply, the rest remains as much as possible. If we don’t enforce part of this EULA, it doesn’t mean we won’t in the
future or we won’t enforce our other rights. Also, except for App Stores, no one other than you or us can enforce this EULA.
(a) Entire Agreement. This EULA and any other document or information referred to in this EULA constitutes
the entire and exclusive understanding between you and us regarding the Services and supersede any and all prior oral or written understandings or agreements between you and us regarding the Services.
(b) Language. The original
language of this EULA is in English; any translations are provided for reference purposes only. To the maximum extent permitted by applicable law, you waive any right you may have under the law of your country to have this EULA
written or construed in any other language.
(c) Severability. This EULA describes certain legal rights. You may have other rights under the laws of your jurisdiction. This EULA does not change your rights under the laws of your
jurisdiction if the laws of your jurisdiction do not permit it to do so. As noted above, limitations and exclusions of warranties and remedies in this EULA may not apply to you because your jurisdiction may not allow them in your
particular circumstance. In the event that certain provisions of this EULA are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions will be enforced only to the furthest extent possible under
applicable law, the remaining terms of this EULA will remain in full force and effect.
(d) No Waiver. Your and our actions or inactions will not create any other rights under this EULA except as what is explicitly written within
this EULA. Our failure to enforce any right or provision of this EULA will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by one
of our duly authorized representatives. Except as expressly set forth in this EULA, the exercise by either party of any of its remedies under this EULA will be without prejudice to its other remedies under this EULA or otherwise.
(e)
Third Party Rights. Except as described in Section 12, a person who is not a party to this EULA will have no right under to enforce any of its terms.
If you have any questions about this EULA or the Game, please contact us at our Support Email Address.Schedule A-1 Addendum for Residents in CanadaIf you are a consumer who is a resident of Canada, the following
provisions apply.
Ownership of the Services. If you Cheat, you agree that we may exercise any or all of our rights under this EULA, including termination of this EULA and your access to our Services.
Purchasing or Obtaining
Virtual Goods and Game Currency. Waiver of notice provided for under section 9(a) does not apply to you, to the extent prohibited by applicable law. Modifications, amendments, supplements or terms shall be effective subject to
notice as provided by applicable law and shall be incorporated by reference into this EULA. If any change is unacceptable to you, you may terminate the use of your Game Account at any time.
Changes to Game Currency and Virtual
Goods. Waiver of notice provided for under section 9(c) does not apply to you, to the extent prohibited by applicable law. Subject to notice to the extent provided by applicable law, we, in our sole discretion, may modify, substitute,
replace, suspend, cancel or eliminate any Game Currency or Virtual Goods, including your ability to access or use Game Currency or Virtual Goods.
Service and EULA Modifications. Waiver of notice provided for under section 17
does not apply to you, to the extent prohibited by applicable law.
Warranty Disclaimers. Waiver of legal warranties do not apply to you, to the extent prohibited by applicable law.
Limitation of Liability. The limitation
or exclusion of our lability for the consequences of our own acts will not apply to you, to the extent prohibited applicable law.
Termination. Payments and fees may be refundable solely to the extent provided by applicable law.
Governing
Law: Notwithstanding Section 22(a), any Dispute will be resolved in accordance with the laws of the province or territory in which you reside and the federal laws of Canada applicable therein, without reference to choice of law
rules, and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods.
Dispute Resolution. Notwithstanding Section 22, either you or us may elect to have the Dispute finally and
exclusively resolved by binding arbitration, in your province or territory of residence, in accordance with the applicable arbitration legislation. This section is set only to the extent permitted by law and does not prevent action
in courts of competent jurisdiction of the province or territory of your principal residence where such a right cannot be excluded under applicable law.
Language. Section 24(b) does not apply to you, to the extent prohibited
by applicable law.Schedule B-1: App Store TermsIf you download a Game from the App Store, then notwithstanding anything in this EULA to the contrary, you acknowledge and agree that:
• We, and not the App
Store, are solely responsible for the Game.
• The App Store has no obligation to provide any Game maintenance or support.
• If the Game cannot meet its warranties (if any), you may notify the App Store and the App Store will
refund you the purchase price of the Game (if applicable) and, to the maximum extent permitted by applicable law, the App 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 App 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 this EULA.
• The App Store, and its subsidiaries, are third party
beneficiaries of this EULA and upon your acceptance of this EULA, the App Store will have the right to enforce this EULA 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 or similar agreement when using the Game.Introduction.
We hope that you enjoy our games and support your interest in producing
game-play videos, whether live or recorded (“Videos”), that share your gaming experiences with others, using images, video, sound effects, in-game music or other assets from our games (“Content”). Please note however, that in most
cases using our Content without our permission is illegal and a violation of our rights. This policy helps inform you of the limited rights we grant you to share your experience with our Content with the public in your Videos.
Your
use of our Content in Videos must be limited to non-commercial purposes, except as expressly stated under this Streaming Policy:
You may only use our Content in your Videos for non-commercial uses, except as we expressly state
under this Streaming Policy. As such, you may not license your Video which leverages our Content to any company or anyone else for a fee or other form of compensation or for any other commercial use without first receiving our
written authorization to do so. Note that we reserve the right to use our own Videos for commercial purposes. Further, any of your Videos that leverage our Content must contain commentary, gameplay, or sufficient originality to
make it, in our sole discretion, educational or promotional. Examples of Videos that would NOT qualify under this policy are clips of cut-scenes from games or recordings of a particular game’s soundtrack (without any commentary
discussing the cut-scene or soundtrack).
We do however permit you to receive payment based on the following two methods, provided you comply with the other portions of this Streaming Policy:
• Monetization of your Video that
leverages our Content through advertisements served by the platform which hosts your Video such as YouTube or Twitch (a “Platform”).
• Receiving donations via a donation link posted on your profile or in the Video description
on a Platform.
How you may distribute your Video:
Subject to the terms of the applicable EULA and this Streaming Policy, you may create Videos using our Content, and you’re free to distribute such
Videos on websites where viewers are permitted to view these Videos without any charge of any kind. We understand that some websites may offer paid services. Provide that the website that hosts these Videos provides a free method
to allow viewers to view them, you may distribute the Videos on that website.
What you may not include in your Video that leverages our Content:
You may not include in any Video (nor anywhere linked
near or on the same webpage as the Video) any content that is prohibited as User Content under the EULA and the following:
• Anything that could imply that the Video is produced by us or that we endorse you or your Video (unless
you have an endorsement relationship with us as covered by a separate written or other agreement);
• Any information related to cheats, hacks, exploits, bugs, or third party programs, including links to any of the foregoing;
nor
• Uses of our Content that breach applicable law or are derogatory to us or that, in our discretion, may damage the value, goodwill, or reputation of us, our affiliates, our products, Content, or brands.
• Any behavior or
conduct that violates public morals and ethics.
Ratings – keep your Videos appropriate as follows:
Your Video should match the ratings guidelines for the game it relates to and must not in any event
contain any content that would violate the “T” rating of the Entertainment Software Rating Board (“ESRB”) or the “16” rating of the Pan European Game Information (“PEGI”).
Disclosure – you must identify us as the copyright holder of our Content and disclaim our endorsement:
In
any Video that leverages our Content that you provide, you must include a prominent disclaimer (either at the beginning of the Video or, if live-streaming, near the Video in a visible font) as follows:
• Portions of the content
provided here, including trademarks and copyrights and any other intellectual property rights, are owned or held by Sixjoy Hong Kong Limited or its licensor(s) (“Sixjoy”) and all rights in and to the same are reserved by Sixjoy.
This content is not official Sixjoy content and is not endorsed or approved by Sixjoy.
Some additional important information:
As solely determined by us, we may terminate your right to host, distribute
or otherwise make available a Video that leverages our Content for business or other reasons without notice or liability to you. In such cases, we may (but do not have to) contact you or applicable websites or Platforms regarding
terminating such rights to any such Video.