MOBILE GAMES: TERMS OF SERVICE
IMPORTANT – READ CAREFULLY: THIS SOFTWARE IS LICENSED, NOT SOLD, IN ACCORDANCE WITH THESE TERMS OF SERVICE, OTHERWISE REFERRED TO AS AN END USER LICENSE AGREEMENT (“AGREEMENT”) by SEGA HOLDINGS CO., LTD of 1-2-12, Haneda, Ohta-ku, Tokyo, 144-8531 Japan and its affiliated companies (collectively, “SEGA” or “We”). The products that are subject to this license are referred to in this license as the Game Software, Editors, New Materials and Additional Content (each as defined below) and collectively as the “Product”, “PRODUCTS” or “DIGITAL CONTENT”). SEGA reserves all rights not expressly granted to you.
YOU AGREE THAT THE DIGITAL CONTENT YOU ARE PURCHASING WILL BE DOWNLOADED AND ACTIVATED DURING THE CANCELLATION PERIOD AND YOU ACKNOWLDEGE AS A RESULT THAT YOUR RIGHT TO CANCELLATION OF THIS DIGITAL CONTENT SHALL BE LOST.
GAME SOFTWARE: the video game that you have just downloaded or any part of the game which includes all software (the machine-readable object code) included with the video game, the associated media, any updates and upgrades that replace or supplement the software that are not distributed with a separate license, any software associated with the online mode of the video game, any printed materials, any online or electronic documentation, and any and all copies of such software and materials.
ADDITIONAL CONTENT: Any content available for download and use with the Game Software, at the time of acquiring the Game Software or thereafter, whether for purchase or offered without cost by SEGA.
CONTENT: Text, graphics, images, music, software, audio, video, information or other materials.
EDITORS: Any editing software downloaded separately or which is provided to you as part of the Game Software which allow you to construct New Materials (defined below).
NEW MATERIALS: Any materials, variations, modifications, adaptations, copies, improvements, etc. of the Game Software and/or Additional Content created using Editors
MOBILE GAMES PLATFORM STORE: The online store from which you have downloaded your Products which shall include but is not limited to the following stores: (i) Google Play for Android (https://play.google.com/store), (ii) Amazon Appstore for Android (http://www.amazon.co.uk/mobile-apps/), (iii) Apple iTunes Appstore for iOs devices (https://itunes.apple.com/), or any other stores from which SEGA mobile games are offered.
DEVICE: the portable computing device, such as a smartphone or tablet computer, which you own and use to download, install and use the Products.
OPEN SOURCE SOFTWARE: third-party open source and free software components, each of which is licensed to you on its own conditions. By continuing to use this Product, you agree to be bound by these additional terms but acknowledge that SEGA takes no responsibility for this software. A list of the open source components which are distributed with this Product and their respective licenses (which may be updated at any time) can be found within the licence information contained in the Product.
USER: a person who downloads, installs, accesses or otherwise uses the Product and/or any related services and features, including You.
2. USE OF THIS PRODUCT BY CHILDREN
This Product may not be appropriate for children under a certain age. Where possible, SEGA shall provide an indication of the appropriate age based on the content contained within the Product. The age rating should be published by the operators of the Mobile Games Platform Store on the page where the Product is advertised for purchase and/or download. The age rating is a guideline only and SEGA shall not be liable in the event that the age rating has not been published on the Mobile Games Platform Store and/ or you deem such material to be inappropriate for the age rating in all the circumstances.
Local laws in your respective jurisdiction may require that you are of a certain age in order to agree to the terms of this Agreement. For example, individuals residing in the UK must be at least 18 years old to enter into certain legally binding arrangements. In the event that you are under the required age, you may not continue to use this Product unless your parent or legal guardian has reviewed and agreed to these terms. Local laws may also require that children under a certain age are supervised during their use of this Product and/or before any personal data is collected by SEGA. By using this Product, you warrant that you are old enough to use this game without supervision. If you are under the required age, your parent or legal guardian warrants that they are supervising and monitoring their children(s) use of this Product at all times, including to ensure that their children do not upload or share any personal information without first obtaining their parent/guardian’s consent.
3. USER ACCEPTANCE OF TERMS AND MODIFICATIONS
The Products are offered subject to your compliance with all of the terms and conditions contained herein and all other operating rules, policies and procedures. In addition, some applications offered through or in connection with the Products may be subject to additional terms and conditions notified to You by SEGA from time to time. If you have purchased or otherwise acquired the Product from the Apple Mobile Games Platform Store and/or you are downloading, installing, accessing and/or using an Apple Device, then the following additional terms apply.
Your use of the Products may also be subject to additional terms and conditions relating to your use of Open Source Software which has been distributed with the Product, the terms and conditions of sale for the Mobile Games Platform Store from which you have downloaded the Products, and terms and conditions relating to your use of telecommunications data from your telecommunications provider and/or the operator of your Device, for which Sega is not responsible. It is your responsibility to ensure that you comply with these additional terms and conditions.
Under the relevant local laws of your jurisdiction governing the purchase and usage of this Product and or the purchase of online goods, mobile games, virtual currency and the like, you may have been granted certain rights or privileges not contained in this Agreement. Additionally, the terms of the Mobile Games Platform Store may directly conflict with any of the provisions in this Agreement. In the event that any local law relevant to your use of the Product, or the terms of the Mobile Games Platform Store, directly conflicts with any of the provisions in this Agreement, the terms of this Agreement shall be modified to the minimum extent necessary to comply with such Local Law and the remainder of this Agreement shall remain in full force and effect. No waiver of any of the terms herein shall constitute a further and continuing waiver of that term or any other term.
4. ACCOUNT REGISTRATION
In order to access and use this Product and/or certain features and/or services offered by the Product, you may be required to register to create an account (“Account“). For certain features and/or services, you may register by logging into your account with certain third party social media or social networking services (“SNS“) (including, but not limited to, Facebook). If you decide to register through an SNS, we may extract the personal information you have provided to the SNS (such as your “real” name, email address and other information you make publicly available via the SNS) from the account you have with the applicable SNS and use that information to create your Account. We shall inform you of any information that shall be extracted before it is taken. We shall also inform you whether it is possible to create an account without any personal information being extracted at the time of registration. The specific information that we extract may depend on the privacy settings you have with the SNS. You hereby consent to our access to and collection of such personal information about you.
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. SEGA reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify SEGA of any unauthorised use of your Account.
You may not purchase, sell, gift or trade any Account, or offer to do same and any such attempt will be null and void. You agree that you have no right to or title in or to any content associated with your Account, including without limitation, any Virtual Currency or Virtual Goods (defined below), or any other attributes associated with your Account, except as expressly provided in these Terms.
Subject to there being no outstanding liabilities owing to SEGA, you have the right to disable or terminate your Account at any time by sending an email to customer services. If you do not access or use your Account for a prolonged period of time, SEGA may unilaterally disable or terminate your Account without notice to you. All Virtual Goods and Virtual Currency are forfeited if your Account is terminated or suspended for any reason or if SEGA discontinues providing the services relating to this Product. If you experience any problems accessing or using your Account, please contact customer services for assistance.
5. PAID FEATURES (Virtual currency and virtual goods)
This Product may include the option to purchase virtual, in-game currency (“Virtual Currency“). The Product may also include virtual, in-game digital items and/or other virtual, in-game goods and services (collectively, “Virtual Goods“). Virtual Currency and Virtual Goods may be obtained from SEGA and/or third parties as follows: (i) obtained through gameplay within the Product, (ii) purchased from SEGA in exchange for “real world” money if you are a legal adult in your country of residence, (iii) Virtual Goods may be purchased using Virtual Currency in some circumstances, (iv) purchased from third parties, such as operators of Mobile Games Platform Stores in exchange for “real world” money if you are a legal adult in your country of residence, (v) obtained by exchanging credits or other virtual items from the third party websites, so long as such an exchange is permitted by the applicable third party website and SEGA, or (vi) obtained through interaction or participation with certain third-party advertisements and services (the “Virtual Currency Acquisition Methods”).
In the event you choose to purchase Virtual Currency or Virtual Goods from SEGA or its affiliates, you agree to the pricing, payment and billing policies applicable to such fees and charges, as notified to you at the time of purchase. All fees are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in local currency unless specified otherwise at the time of purchase. SEGA has no control over how third parties operate a system of credits or Virtual Goods and whether or not such credits or Virtual Goods can be exchanged with the Virtual Currency, so this method of obtaining Virtual Currency may not always be available to you. In addition, Sega has no control over the pricing, payment and billing policies applicable to such purchases.
Virtual Goods and Virtual Currency are digital items only with no cash-value. Virtual Currency and Virtual Goods may never be redeemed with “real world” money, goods or other items of monetary value from SEGA or any other party. Your right to use any Virtual Goods and Virtual Currency that you obtain are limited to a non-exclusive, non-transferable, non-sublicenseable, revocable right to use such Virtual Goods and Virtual Currency solely for your personal entertainment and non-commercial use and for no other purpose. Except for the limited rights described herein, you have no property interest or right or title in or to any such Virtual Goods or Virtual Currency, which remain the exclusive property of SEGA.
Except where explicitly authorized by SEGA, (i) transfers of Virtual Currency or Virtual Goods are strictly prohibited; (ii) you may not buy or sell any Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value; and (iii) SEGA does not recognize any such purported transfers of Virtual Currency or Virtual Goods, nor the purported sale, gift or trade in the “real world” of anything that appears in the Product. Any attempt to do any of the foregoing is in violation of the terms of this Agreement will result in an automatic termination of your rights to use the Virtual Currency or Virtual Goods and may result in termination of your Account, a lifetime ban from the Product and Sega’s other products and services and/or possible legal action. You agree that all sales of Virtual Goods and Virtual Currency are final. No refunds will be given, except in SEGA’s sole and absolute discretion.
As stated above, the existence of a particular offer of Virtual Goods or Virtual Currency is not a commitment by SEGA to maintain or continue to make the Virtual Goods or Virtual Currency available in the future. The scope, variety and type of Virtual Goods and Virtual Currency that you may obtain can change at any time. SEGA has the absolute right to manage, regulate, control, modify or eliminate such Virtual Currency or Virtual Goods as it sees fit in its sole discretion, and SEGA will have no liability to you or anyone for the exercise of such rights.
6. OTHER EXPENSES
In order to access the Product and related features, you may require online access which shall be granted by your telecommunications provider and/or Internet Service Provider (“ISP“) and you may be required to pay applicable fees for such access. Sega shall have no responsibility for the bandwidth of your connectivity or the operational speed of your Device or the ISP you have selected. You are solely responsible for monitoring your data usage and/or package usage and bearing all costs incurred by your usage and connection to the services relating to this Product. You must abide by the terms of you third party internet provider agreement(s) and all other relevant third party agreements when using this Product.
7. AD TRACKING
SEGA uses Ad Tracking to track your activity (such as app purchases) across all of our Products so that we can serve you with interest-based ads. We do not store any personal information using Ad Tracking, however this information may be collected together with other personal information which you provide to SEGA when using its other services. Where possible SEGA shall provide appropriate age based advertising however SEGA shall not be liable in the event that the advertising that you deem such material to be inappropriate for the age rating in all the circumstances.
8. LIMITED USE LICENSE
Subject to your compliance with the terms and conditions of the Agreement, SEGA hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and license to install, access and use one (1) copy of the Game Software and/or Editors (including any New Materials) and/or Additional Content solely and exclusively for your personal and non-commercial use. All uses of the Editors and any New Materials are for your own personal, non-commercial use solely in connection with the applicable Game Software and/or Additional Content purchased by you. This Agreement shall also apply to any patches, updates or upgrades you may obtain for the any of the Products.
IN ACCORDANCE WITH AND WITHOUT LIMITATION TO THE PROVISIONS OR PROTECTIONS SET FORTH HEREIN, DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF THE GAME SOFTWARE, EDITORS, NEW MATERIALS, ADDITIONAL CONTENT OR RELATED INFORMATION OR MATERIALS TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF ANY OTHER FORM OF REPRODUCTION OR ANY FORM OF DISTRIBUTION IS EXPRESSLY AND EXPLICITLY PROHIBITED.
All rights not specifically granted under this Agreement are hereby reserved by Sega and, as applicable, by its licensors.
You may not cause or permit the sale or other commercial distribution or commercial exploitation (e.g., by renting, licensing, sublicensing, leasing, disseminating, uploading, downloading, transmitting, whether on a pay-per-play basis or otherwise) of any Products, including any New Materials, without the express prior written consent of an authorised representative of SEGA. This includes distributing any New Materials as part of any compilation you and/or other users may create. You are only permitted to distribute the New Materials, without charge (i.e., on a strictly non-commercial basis), to other authorised users who have purchased any of the Products, solely for use with such users’ own authorized copies of such Product and in accordance with and subject to the terms and conditions of this Agreement and all applicable laws.
9. NO RIGHT TO OWNERSHIP
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE PRODUCT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF SEGA.
Except as expressly licensed to you herein, all right, title, and interest in and to Products and any and all associated copyrights, trademarks and intellectual properties therein and/or related thereto and all copies thereof (including, but not limited to, any patches, updates, copies, derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects, text, methods of operation, moral rights, “applets” incorporated into Products are owned by SEGA or SEGA’s licensors.
Any and all New Materials created by you and all right, title, and interest in and to such New Materials shall belong to, vest in and be the exclusive property of Sega and/or its licensors on creation. You waive and agree never to assert against SEGA or its affiliates, distributors or licensors any moral rights or similar rights, however designated, that you may have in or to any New Materials. You also allow other users to use freely any New Materials whilst using the Products.
To the extent required by law, with respect to any New Materials you create, you automatically grant to SEGA the irrevocable, perpetual, royalty free, sub-licensable right and license under all applicable copyrights and intellectual property rights laws to use, reproduce, modify, adapt, perform, display, distribute and otherwise exploit and/or dispose of the New Materials (or any part of the New Materials) in any way SEGA, or its respective designee(s), sees fit.
The Products are protected by UK copyright laws, international copyright treaties and conventions, and other laws. All rights are reserved. The Products contain certain licensed materials, and Sega and Sega’s licensors may protect their rights in the event of any violation of this Agreement.
This license does not give you any title or ownership in Product and should not be construed as a sale or transfer of any intellectual property rights in or to the Products.
10. No Sale or Assignment
SEGA does not recognise the transfer of the Products. Therefore, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under the Agreement, either in whole or in part, without the prior written consent of SEGA. Any attempt to do so shall be void and of no effect.
11. LICENCE CONDITIONS
You agree to only use the Products, or any part of it, in a manner that is consistent with this Agreement, and you SHALL NOT:
(a) exploit the Products or any of its parts commercially, including, but not limited to, at a cyber (Internet) café, computer gaming center or any other location-based site;
(b) use the Products or permit the use of the Products, on more than one computer, game console, mobile device, handheld device or PDA at the same time, unless those devices share the same operating system and the Product has been enabled to be played on multiple devices;
(c) use the Products, or permit use of such Products, or make the Products available for use in a network, multi-user arrangement, remote access arrangement, including where it could be downloaded by multiple users;
(d) sell, rent, lease, license, distribute or otherwise transfer the Product;
(e) reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivative works of the Product, in whole or in part (except in connection with the proper use of the Editors in accordance with paragraph (i) below and as the applicable law expressly permits, in which case all and any modifications, adaptations, copies, improvements, etc. shall constitute New Materials and shall belong to, vest in and be the exclusive property of Sega and/or its licensors on creation, in any event);
(f) remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Product;
(g) export or re-export the Product or any copy or adaptation in violation of any applicable laws or regulations;
(h) create data or executable programs which mimic data or functionality in the Product unless provided for in paragraph (i) below; or
(i) use the Editors to create any New Materials which can be used: (A) to modify any executable file; (B) to produce any libelous, defamatory or other illegal material or material that is scandalous or invades the rights of privacy or publicity of a third party; (C) to infringe the trademarks, copyright or intellectual property rights of any third party; (D) for commercial exploitation by you (through pay-per-play or timesharing services or otherwise). For the avoidance of doubt you are solely liable and responsible for any claims by a third party resulting from your use of the Editors.
You hereby warrant and represent that the New Materials submitted by you shall not be discriminatory, racist, obscene, libelous, offensive, illegal, defamatory, inappropriate, invasive, or likely to adversely affect the reputation or goodwill of SEGA.
You hereby warrant and represent that any New Materials submitted by you and the subsequent use and exploitation of any New Materials by SEGA will not infringe any rights of any person (corporate or otherwise) including but not limited to intellectual property rights or otherwise result in any potential liability to SEGA.
If you commit any breach of this Agreement, your right to use the Product under this Agreement shall automatically terminate, without notice. Your breach of this Section shall constitute a material breach of this Agreement and/or of applicable copyright and other intellectual property rights laws and treaties, and may subject you to civil and criminal liability.
Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual or other documentation accompanying the Products.
12. GENERAL PROHIBITIONS FOR YOUR USE OF PRODUCT OR ACCOUNT
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Product, or any individual element within the Product, SEGA’s name, any SEGA trade mark, logo or other proprietary information, or the layout and design of the Product, without SEGA’s express written consent.
- Access, tamper with, or use non-public areas of the Product, SEGA’s computer systems, or the technical delivery systems of SEGA’s providers;
- Attempt to probe, scan, or test the vulnerability of any SEGA system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by SEGA or any of SEGA’s providers or any other third party (including another User) to protect the Product, Account or otherwise;
- Attempt to access or search the Product or download content from the Product or Sega’s related services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by SEGA or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a SEGA trade mark, logo URL or product name without SEGA’s express written consent;
- Use the Product or related features and services for any commercial purpose or the benefit of any third party or in any manner not permitted by this Agreement;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Product or its related features and/or services to send altered, deceptive or false source-identifying information;
- 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 Product;
- Collect or store any personally identifiable information from the Product or related features and services from other Users without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
In addition to the general prohibitions listed above, your playing of the Product, and participation in, the features and services of the Product is governed by specific rules (together, “Rules“) maintained and enforced exclusively by SEGA. Your cooperation in understanding and complying with the Rules is essential to ensure that all users can enjoy their experience with the Product. According to the Rules, you must:
- respect the rights of other Users to enjoy and play the Product. To this end, you may not defraud, harass, threaten, or cause distress and/or unwanted attention to other Users.
- not spam, flood, or make duplicate posts, post commercial solicitations or ads when engaging in any interaction with other Users or any SEGA employees or agents, including customer service representatives, or otherwise disrupt the normal flow of dialogue, or use sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, or racially or ethnically offensive language or link to any such language or content;
- not impersonate any employee or agent including customer service representatives, of SEGA or its affiliates;
- not post or communicate any User’s “real world” information (name, address, account name, etc.) through the Product or any other related public spaces (e.g. forums, websites etc.);
- not offer or perform in-Product services for “real world” cash;
- not exchange or transfer – whether in or outside of the Product- any Virtual Currency or Virtual Goods available in the Product, except as permitted by the in-Product play;
- not organize or be a member of any groups within the Product that are based on or espouse any racist, sexist, anti-religious, anti-ethnic, anti-gay or other discriminatory values;
- not exploit any errors in design features which have not been documented, and/or “bugs” to gain access to content that is otherwise not available to Users, or to obtain a competitive advantage over other Users or any other unintended benefit; or communicate the existence of any such errors or “bugs”, either directly or through public posting, to other Users. Errors and bugs should be promptly reported to us at firstname.lastname@example.org;
- not use any third-party program (such as a “bot”) in order to automate gameplay functions, including playing, interacting, or gathering Virtual Currency or Virtual Goods within the Product; or
- not cheat as part of in-Product play or engage in any other conduct that is disrespectful to other Users or contrary to the “spirit” of the Product and/or Sega’s related services.
13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE PRODUCTS IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL GAME SOFTWARE, EDITORS, NEW MATERIALS AND/OR ADDITIONAL CONTENT AND ANY OTHER MATERIALS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SEGA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE GAME SOFTWARE, EDITORS, NEW MATERIALS AND/OR ADDITIONAL CONTENT WILL MEET YOUR REQUIREMENTS, (B) THE GAME SOFTWARE, EDITORS, NEW MATERIALS AND/OR ADDITIONAL CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE GAME SOFTWARE, EDITORS, NEW MATERIALS AND/OR ADDITIONAL CONTENT WILL BE INTERAOPERABLE OR COMPATABILE WITH OTHER SOFTWARE, OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GAME SOFTWARE, EDITORS, NEW MATERIALS AND/OR ADDITIONAL CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SEGA OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY.
AT SOME POINT IN THE FUTURE THE GAME SOFTWARE, EDITORS, NEW MATERIALS AND/OR ADDITIONAL CONTENT MAY GO OUT OF DATE, AND SEGA MAKES NO COMMITMENT TO UPDATE SUCH PRODUCTS. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE GAME SOFTWARE, EDITORS, NEW MATERIALS AND/OR ADDITIONAL CONTENT, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE USE OF THE GAME SOFTWARE, EDITORS, NEW MATERIALS AND/OR ADDITIONAL CONTENT OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH OR IN CONNECTION WITH THE GAME SOFTWARE, EDITORS, NEW MATERIALS AND/OR ADDITIONAL CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
SEGA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE GAME SOFTWARE, EDITORS, NEW MATERIALS AND/OR ADDITIONAL CONTENT, INFORMATION AND/OR RELATED GRAPHICS PUBLISHED AS PART OF THE PRODUCTS FOR ANY PURPOSE. THE GAME SOFTWARE, EDITORS, NEW MATERIALS AND/OR ADDITIONAL CONTENT, INFORMATION AND RELATED GRAPHICS PUBLISHED AS PART OF THE PRODUCTS MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU UNDERSTAND AND AGREE THAT TEMPORARY INTERRUPTIONS OF THE GAME SOFTWARE, EDITORS, NEW MATERIALS AND/OR ADDITIONAL CONTENT MAY OCCUR AS NORMAL EVENTS. YOU FURTHER UNDERSTAND AND AGREE THAT WE HAVE NO CONTROL OVER THIRD PARTY NETWORK YOU MAY ACCESS IN THE COURSE OF THE USE OF THE GAME SOFTWARE, EDITORS, NEW MATERIALS AND/OR ADDITIONAL CONTENT, AND THEREFORE, DELAYS AND DISRUPTION OF OTHER NETWORK TRANSMISSIONS ARE COMPLETELY BEYOND SEGA’S CONTROL.
YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SEGA IS TO STOP USING THE PRODUCTS IN NO CASE SHALL ANY LIABILITY OF SEGA TO YOU EXCEED THE AMOUNT THAT YOU PAID TO SEGA OR ITS AFFILIATES AND/OR DESIGNEES FOR THE APPLICABLE GAME SOFTWARE GIVING RISE TO ANY SUCH LIABILITY. IN NO EVENT SHALL SEGA OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE GAME SOFTWARE, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF SEGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF SEGA AND THE SEGA PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Upon a request by SEGA, you agree to defend, indemnify, and hold SEGA and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorneys’ fees, that arise from (a) your use of, or activities in connection with the Products; (b) any violation of the Agreement by you; or (c) any allegation that any content that you make available via the Product infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. SEGA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SEGA in asserting any available defenses.
15. E-mail, Messaging, Blogging and Chat
SEGA may make email, messaging, blogging, or chat (collectively, “Communication Software“) available through the Product, either directly or through a third-party provider. SEGA is not responsible for communications made by other users via the Communication Software. We are not responsible for communications made by you via the Communication Software. You acknowledge and agree that your communications made via the Communication Software are public and not private communications and that you have no expectation of privacy concerning your use of the Communication Software. You acknowledge and agree that personal information that you communicate via the Communication Software may be seen and used by others and may result in widespread distribution of such information. We strongly encourage you not to disclose any personal information in your public communications via the Communication Software unless you wish such information to be made permanently available to the public.
16. International Use
Although the Product may be accessible worldwide, we make no representation that the Product or related materials are appropriate or available for use in locations outside the United Kingdom, and accessing them from territories where the content is illegal is prohibited. Those who choose to access the Product from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any offer and/or information made in connection with the Game Software is void where prohibited. Without limiting the foregoing, the Products may not be exported or re-exported (a) into (or to a national resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By accessing and using the Products, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.
17. TERMINATION AND SURVIVABILITY OF TERMS
The Agreement set forth herein continue to remain in full force and effect until such time as terminated by either party. You agree and acknowledge that you are not entitled to any refund for any amounts which were paid to SEGA prior to any termination. You retain full discretion to end or terminate your account, if applicable, and discontinue use of the Product at any time, pursuant to the terms of this Agreement. Without prejudice to any other rights of SEGA, this Agreement shall terminate automatically if you fail to comply with its terms and conditions. Upon termination, you must destroy all copies of the Product. The provisions of Sections 3, 4, 6, 7, 8, 10, 11 and 12 shall survive any termination of this Agreement.
Because SEGA would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that SEGA shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
19. DATA PROTECTION
YOU ACKNOWLEDGE THAT SEGA DOES AND MAY COLLECT DATA DERIVED FROM YOUR PLAYING AND/OR USE OF ANY OF THE PRODUCTS. FOR EXAMPLE, SEGA MAY COLLECT OR PROCESS INFORMATION ABOUT YOUR COMPUTER, INCLUDING WHERE AVAILABLE YOUR IP ADDRESS AND OPERATING SYSTEM. THIS IS STATISTICAL DATA ABOUT OUR USER’S BROWSING ACTIONS AND PATERNS, AND DOES NOT IDENTIFY ANY INDIVIDUAL. THE COLLECTION AND STORAGE OF THE ABOVE DATA AND GAME PLAY IS SOLELY FOR THE PURPOSES OF FACILITATING THE EXISTING FUNCTIONALITY OF THE PRODUCTS, ASSISTING SEGA IN ASSESSING IMPROVEMENTS TO IT AND OTHER GAMES BASED ON GENERAL PLAYING PATTERNS AND FOR DIGITAL MANAGEMENT PURPOSES.
SEGA MAY ALSO COLLECT PERSONAL INFORMATION FROM YOU WHEN YOU CREATE AN ACCOUNT EITHER DIRECTLY (BY REQUESTING YOU TO SUBMIT SUCH INFORMATION IN A WEBFORM) AND/OR WHERE YOU USE AN SNS TO REGISTER FOR YOUR ACCOUNT, IN WHICH CASE WE SHALL EXTRACT THE PERSONAL INFORMATION YOU HAVE PROVIDED TO THE SNS (SUCH AS YOUR “REAL” NAME, EMAIL ADDRESS AND OTHER INFORMATION YOU MAKE PUBLICLY AVAILABLE VIA THE SNS) FROM THE ACCOUNT YOU HAVE WITH THE APPLICABLE SNS AND USE THAT INFORMATION TO CREATE YOUR ACCOUNT. THE SPECIFIC INFORMATION THAT WE EXTRACT MAY DEPEND ON THE PRIVACY SETTINGS YOU HAVE WITH THE SNS. YOU HEREBY CONSENT TO OUR ACCESS TO AND COLLECTION OF SUCH PERSONAL INFORMATION ABOUT YOU.
Questions, comments and requests regarding the data we collect are welcomed and should be addressed to SEGA Europe Limited, Customer Service Department, 27 Great West Road, Brentford, Middlesex, TW8 9BW, UK or email@example.com.
This Agreement represents the complete agreement between you and SEGA concerning the Product and supersedes all prior agreements and representations, warranties or understandings between you and SEGA (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. SEGA reserves the right to amend or modify this Agreement at any time, in any manner, without any liability to SEGA and at SEGA’s sole discretion.
If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Any failure by us to enforce or exercise any provision of the Agreement or related rights shall not constitute a waiver of that right or provision.
SEGA may assign this Agreement, in whole or in part, at any time. Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under the Agreement without SEGA’s express prior written consent.
SEGA’s performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement is in derogation of SEGA’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Product or information provided to or gathered by SEGA with respect to such use. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Product arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, terrorism, fire, denial of service attack, internet outages, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Nothing in this Agreement gives or claims to give to any third party any benefit or right to enforce any term of this Agreement, and the provisions of the Contracts (Rights of Third Parties) Act 1999 (as amended or modified from time to time) are expressly excluded.
The parties agree that all correspondence relating to this Agreement shall be written in the English language.
This Agreement shall be construed under laws of England Wales, and you consent to the exclusive jurisdiction of the English Courts.
You may contact SEGA at the following address:
Sega Europe Limited
Customer Service Department
27 Great West Road
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT MY USE OF THE PRODUCT IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE END USER LICENSE AGREEMENT.
ACCESSING AND DOWNLOADING THE PRODUCTS FROM ITUNES (“ADDITIONAL APPLE TERMS”)
The following additional provisions apply and are incorporated into the terms of this Agreement if have purchased the Product and/or obtained the Product at no cost from Apple Mobile Games Platform Store and/or you are downloading, installing, accessing and/or using an Apple Device:
- Acknowledgment: You acknowledge and agree that (i) the terms of this Agreement (including these Additional Apple Terms) are concluded between you and SEGA only, and not Apple, and (ii) SEGA, not Apple, is solely responsible for the Product and content thereof. Your use of the Product must comply with the App Store Terms of Service (see http://www.apple.com/legal/).
- Maintenance and Support: You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Product.
- Warranty: In the event of any failure of any App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Product to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Product. As between SEGA and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of SEGA.
- Product Claims: You and SEGA acknowledge that, as between SEGA and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Product or your possession and use of Product, including, but not limited to: (i) product liability claims; (ii) any claim that a Product fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Intellectual Property Rights: You and SEGA acknowledge that, in the event of any third party claim that an Product or your possession and use of Product infringes that third party’s intellectual property rights, as between SEGA and Apple, SEGA, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the terms of this Agreement.
- Legal Compliance: You warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country and you are not listed on any US Government list of prohibited or restricted parties.
- Third Party Beneficiary: You and SEGA acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries to these Additional Apple Terms and only to the extent they relate to your license of the Product, and that, upon your acceptance of the terms and conditions of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms as related to your license of the Product against you as a third party beneficiary thereof.
Without limiting any other terms of these Terms, you must comply with all applicable terms of agreement when using the Product.
- Conflict of Terms: In the event that the terms in the Additional Apple Terms directly conflicts with any other provisions in this Agreement, the terms shall be modified to the minimum extent necessary to comply with the Additional Apple Terms and shall otherwise remain in full force and effect.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT MY USE OF THE GAME SOFTWARE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE END USER LICENSE AGREEMENT.
This version was last updated on 12 May 2015