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OONYX MEDIA PRIVACY AND COOKIE POLICY

last update July 15, 2016

By registering for an OONYX Account ("Account"), using this site and/or any of OONYX’s online or mobile products and services, you agree to OONYX’s Privacy Policy and that we may transfer and store your information in the USA. By registering, you agree that OONYX may process your data in accordance with the following privacy policy and that you will abide by OONYX’s Terms of Service.

IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT USE ANY OONYX SITE, ONLINE OR MOBILE PRODUCT OR SERVICE. If we change our privacy policy, we will post those changes to this privacy statement, the home page or other places so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material or significant changes to this policy or the way we use your child's information, we will notify you or the parent/guardian here, by email, or by means of a notice on our home page prior to the changes taking effect. Your continued use of our online and mobile products and services will signify your acceptance of the changes to our online Privacy Policy.

TABLE OF CONTENTS

I. OONYX Online And Mobile Privacy Policy: Introduction
III. What Is Personal Information And When Does OONYX Collect It?
IV. What Is Non-Personal Information And When Does OONYX Collect It?
V. Information Provided to OONYX By Third Parties.
VI. What Happens To The Information OONYX Collects?
VII. Where Is The Information Held?
VIII. How Does OONYX Protect Your Personal Information?
IX. Review, Correction of Your Information, Requesting Removal From Mailing Lists And Deactivating Your Account
X. A Special Note About Children
XI. Public Information Including User Generated Content, Online Forums, Blogs And Profiles
XII. Third Party Sites
XIII. Products Offered In Partnership With Third Party(s)
XIV. Contact Information & Complaints Process
XV. California Residents: Your California Privacy Rights
XVI. Dispute Resolution By Binding Arbitration


I.    OONYX Online And Mobile Privacy Policy: Introduction

OONYX and its subsidiary companies know that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. We respect the privacy rights of consumers and recognize the importance of protecting the information collected about you. We have adopted this global online Privacy Policy to explain how we store and use personal and non-personal information we collect online on our websites, during your use of our online products and/or services (including online game play) and on mobile platforms. This policy does not cover information provided online in response to job postings. Please review the OONYX Jobs Data Privacy Statement on OONYX’s jobs site at www.jobs.ea.com for further information.  

These terms are an agreement between you and OONYX Media.


This policy also applies to TRUSTe certified OONYX Websites. To view a list of these Validated OONYX Websites, please visit www.TRUSTe.com. In addition, OONYX owns several other domain names that point to the websites referenced above. We may also add new sites that are subject to this privacy policy and that list will be updated to include those. Please note that this policy applies only to sites maintained by EA, and not to websites maintained by other companies or organizations to which we link.


III.    What Is Personal Information And When Does OONYX Collect It?

OONYX collects both personal and non-personal consumer information. Personal information collected by OONYX is discussed below in this section. Non-personal information is discussed below in Section IV.

Personal information is information that identifies you and that can be used alone, to contact you on-line or off-line. OONYX may collect personal information from our online visitors during:

- Contest registration and prize acceptance;
- Warranty registration and requests;
- Customer support and/or technical service requests;
- Player match up and other head-to-head online competitions;
- Registration for games and/or special game-specific events;
- Newsletter subscriptions, referral services, and other marketing surveys and email campaigns;
- Registration for OONYX and/or other service accounts;
- Creation of a personal profile;
- Product, service and/or subscription orders;
- Service requests from third party service providers on our site;
- Access to our products and/or services on social networks or other third party services; and
- Otherwise through use of our software, mobile or online services where personal information is required for use and/or participation.

Information collected will vary depending upon the activity and may include your name, email address, phone number, home address, birth date, mobile phone number and credit card information. Visitors to OONYX Mobile may be asked to provide the name of their mobile service carrier, model of their mobile phone and a valid mobile number so that we may provide purchase instructions directly to their mobile phone. In that context, your mobile number will only be used to send you a text message with a link to download your game and will not be retained for any other purpose. Prize winners may be required to provide their Social Security or other identification number for tax purposes, and will be used only for prize fulfillment.

IV.    What Is Non-Personal Information and When Does OONYX Collect It?

Non-personal information, alone, cannot be used to identify or contact you. OONYX collects non-personal information about your use of our online and mobile products and services both on our website and in the course of game play and software usage (on PC, mobile and game system platforms).

We will retain your information for as long as your OONYX Account is active or as needed to provide you services. If you wish to cancel your OONYX Account or request that we no longer use your information contact the Privacy Policy Administrator in your country listed on our site atprivacyadmin.ea.com, or if your country is not listed, by contacting the Privacy Policy Administrator in the United States.   There may be instances where we are legally required to retain your information.

A. What Types of Non-Personal Information Does OONYX Collect?

When you use OONYX online and mobile products and services or you play our games on your PC or game system, we may collect certain non-personally identifiable information for purposes including improving our products and services, troubleshooting bugs, providing services to you, facilitating the provision of software updates, dynamically served content and product support as well as communicating with you. The non-personal information collected may include demographic information including gender, age, zip code, information about your computer, hardware, software, platform, game system, media, mobile device, including unique device IDs or other device identifiers, incident data, Internet Protocol (IP) address, network Media Access Control (MAC) address and connection. We also collect other non-personal information such as username, user ID or persona, feature usage, game play statistics, scores and achievements, user rankings, time spent playing our games, and click paths as well as other data that you may provide in surveys, via your account preferences and online profiles such as friends lists or purchases, for instance. We may also receive information from third parties in connection with market and demographic studies and/or other data that we use to supplement personal information provided directly by you.

B. How Does OONYX Collect Non-Personal Information?
OONYX collects non-personal information along with personal information when you actively provide it in the context of various online and mobile activities including online and mobile purchases, game registration and marketing surveys, for instance. In addition, we and other third parties use cookies and other technologies to passively collect non-personal demographic information, personalize your experience on our sites and monitor advertisements and other activities as described below.  We may also derive from the information collected other facts, such as determining the applicable tax rate based on your IP address.

1. Cookies

Cookies are small files applied to your Internet browser to track movements within websites. We may link cookie information to personal information. Cookies link to information regarding what items you have selected for purchase at our store, pages you have viewed, or games you have played. This information is used to keep track of your shopping cart and make sure you don't see the same ad repeatedly, for example. Also, we use cookies to deliver content specific to your interest and to monitor website or game usage. We and third parties collect information on what games are played, how much time is spent playing the games and which ads or links are clicked. Some of our sites use an outside ad company to display ads. These ads contain cookies. Cookies received with banner ads are applied by our ad companies, and OONYX does not have access to this information. Most browsers are automatically set to accept cookies whenever you visit a website. You can disable cookies or set your browser to alert you when cookies are being sent. However some areas of our sites will not function properly if you do so. You can set your web browser to warn you about attempts to place cookies on your computer, or limit the type of cookies you allow. For more information concerning how to disable your cookies, please visit help.ea.com.
 
We and other third parties may also use flash cookies, also known as "local shared objects," on our sites that employ Flash technology. Flash cookies are small files similar to browser cookies and are used to remember the site's settings to personalize the look and feel of the site. Like normal cookies, Flash cookies are represented as small files on your computer. One method of preventing Flash cookies from being placed is to adjust your preferences in the Macromedia Website Privacy Settings Panel at www.macromedia.com.

If you disable cookies, you may lose some of the features and functionality of playing our games, as cookies are necessary to track and enhance your game activities. Please note that companies delivering advertisements in our games or on our websites may also use cookies or other technologies, and those practices are subject to their own policies.

Please note that this privacy policy covers the use of cookies by OONYX only and does not cover the use of cookies by any advertisers.

2. Clear GIFs And Tracking Pixels

Clear GIFs (a.k.a. web bugs, beacons or tags) are small graphic images placed on a web page, web-based document, or in an email message. Clear GIFs are invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the web page, document or email message. We do not use clear GIFs to collect personal information about you. However, we may use clear GIFs to capture statistical usage information for our web pages, features or other elements on a web page. We correlate this information to a user to personalize user experience and for statistical analysis of user experiences on our web pages.  

We and third parties may also use tracking pixels, which allow us to advertise more efficiently by excluding our current users from certain promotional messages or identifying the source of a new installation.

3. Internet Log Files

OONYX and other third parties also may maintain log files which contain IP addresses. An IP address is a numeric address that may be assigned to your computer by your Internet Service Provider. In general, we use log files to monitor traffic on our websites, to troubleshoot technical problems and authenticate users' entitlements to our products. In the event of user abuse of our websites, however, we may block certain IP addresses or game system IDs provided by our licensed hardware manufacturers. If available, IP addresses and game system IDs may be used in order to enforce our Terms of Service.

4. Analytic Metrics Tools and Other Technologies

OONYX also uses its own proprietary analytic metrics tool and other third party analytics technologies to collect information when you use our online products and services and/or play our games on your PC, game system and/or mobile device. These tools and technologies use server log files, web beacons, cookies, tracking pixels and other technologies to collect and analyze certain types of information, including cookies, IP addresses (including for purposes of determining your approximate geographic location), mobile or other hardware device ID or other device identifiers, browser types, browser language, information passed from your browser (if any), referring and exit pages, and URLs, platform type, click information, information about your media, peripheral hardware, software and/or applications installed on your machine and/or device, domain names and types, landing pages, pages viewed and the order of those pages, advertising conversion rates, the date and amount of time spent on particular pages, other Internet and website usage information, game state and the date and time of activity on our websites or games, information about how your game is used, including game metrics and statistics, feature usage and purchase history, as well as unique hardware identifiers such as MAC Address, mobile unique device ID (if applicable) and other similar information. 

The third party analytics companies who collect information on our sites and in the context of our online and mobile products and/or services, and other similar companies like Facebook in connection with the Facebook "Like" button, may combine the information collected with other information they have independently collected from other websites and/or other online or mobile products and services relating to your activities across their network of websites as well as online and/or mobile products and services. Many of these companies collect and use information under their own privacy policies. 

Some OONYX websites and services use Google Analytics, a web analytic service offered by Google Inc. ("Google"). Google Analytics uses "Cookies", text files that are stored on your PC and that enables the analysis of your usage of this website. The information about your usage of websites, collected through these cookies, will be transmitted to and stored on Google server based in the US.  On behalf of EA, Google will use this information in order to evaluate your usage of this websites, to make reports on website activities and/or to provide the website operator with other services related to this websites. Your IP-address collected by Google Analytics will not be matched up with other data of Google. You may prevent the installation of cookies by adjusting your browser settings.  Please note that if you disable cookies, it is possible that you may not use all functionalities of OONYX’s websites. You may also prevent the cookies from collecting and storing your information by downloading and installing the following browser-plugin under the following link http://tools.google.com/dlpage/gaoptout?hl=en.

A non-exclusive list of the other analytics companies that operate their own technologies on our sites and online and/or mobile products and/or services can be found at privacyappendix.ea.com

5. Ad Serving Technology

OONYX’s websites, online or mobile products or services may employ proprietary or third party ad serving technologies that use cookies, clear GIFs, web beacons, tracking pixels or other technologies to collect information as a result of ad serving through our products or services as well as to help track results.  Some dynamic in-game advertisement serving technology enable advertising to be temporarily uploaded into your game, web browser or mobile device and replaced while you are online.  We or third parties operating the advertisement serving technology may use information such as age and gender as well as information logged from your hardware or device to ensure that appropriate advertising is presented within the site, online or mobile product or service  and to calculate or control the number of unique and repeat views of a given ad, and/or deliver ads that relate to your interests and measure the effectiveness of ad campaigns.   We or third parties may collect data for this purpose including IP address (including for purposes of determining your approximate geographic location), device ID's, information about your software, applications and hardware, browser information (and/or information passed via your browser), hardware, machine or device make and model, advertisement(s) served, in game location, length of time an advertisement was visible, other Internet and website usage information, web pages and mobile internet sites which have been viewed by you (as well as date and time), domain type, size of the advertisement, advertisement response (if any), and angle of view.  The foregoing data may be used and disclosed per this policy and the privacy policy of the company providing the ad serving technology.

The advertising companies who deliver ads for us may combine the information collected or obtained from OONYX with other information they have independently collected from other websites and/or other online or mobile products and services relating to your web browser's activities across their network of websites. Many of these companies collect and use information under their own privacy policies. 

A non-exclusive list of ad serving companies that operate their own networks on our sites and online and/or mobile products and/or services can be found at privacyappendix.ea.com

For more information about the practices of other large ad serving companies that may collect information based on your interaction with ads on this site, in our mobile products, and other sites or products not owned/managed by EA, or to "opt out" of targeted advertising delivered by National Advertising Initiative (NAI) member ad networks, you should visit www.networkadvertising.org.

For more information about targeted advertising within our mobile products or to opt out, see the appendix to this policy at privacyappendix.ea.com.

These ad serving technologies are integrated into our sites, online or mobile products and services; if you do not want to use this technology, do not play. 

6. Anti-Cheat and Fraud Prevention Technologies

OONYX strives to provide a safe and fair gaming environment to all players of its games. To prevent fraudulent activities and behaviors that may negatively affect the experiences of a player, OONYX is authorized to use "anti-cheating" software, or applications for the prevention of fraud for our internet presence, during the use of our online products and/or services (including online games), and mobile platforms.

At login to OONYX online products and/or services, during the setup of an OONYX Account, and/or at the point of sale, OONYX may collect data about your device in order  to create a hash of machine components.  Information collected for this purpose shall not be stored in retrievable form.  OONYX uses the collected information for the prevention of fraud, and for authentication purposes. OONYX may consolidate the machine hash created for this purpose with your OONYX Account; data consolidated this way will not be shared with any other third party, and will be used exclusively for security, fraud prevention and authentication purposes by EA.

V.    Information Provided To OONYX By Third Parties.

OONYX also obtains personal and non-personal information from third parties as discussed below.  OONYX only uses this data for purposes consistent with this policy.

1. PlayStation®3 and PlayStation®4 computer entertainment systems

If you sign up to play OONYX games through a PlayStation®3 or PlayStation®4 computer entertainment system, your Sony Entertainment Network account information will be provided to OONYX so that we can establish an OONYX Account for you. You need an OONYX Account to play OONYX’s titles online. By signing up to play OONYX’s titles, you agree that limited user account information can be transferred to EA. Information transferred to OONYX includes your name, email address, online ID, country, language and date of birth but does not include credit card number or other financial account information.

2. Xbox Live

If you sign up to play OONYX games through Microsoft's Xbox Live Service, Microsoft will provide your Xbox Live user account information to OONYX so that we can establish an OONYX Account for you. You need an OONYX Account to play OONYX’s Xbox Live titles. By signing up to play OONYX’s Xbox Live titles, you agree that Microsoft can transfer your user account information to EA. Information transferred from Microsoft to OONYX includes your Gamertag, email address, state or province, country, language and age but does not include credit card number or other financial account information.

3. Wii U

If you sign up to play OONYX games through a Nintendo Wii U console, your Nintendo account information will be provided to OONYX so that we can establish an OONYX Account for you. You need an OONYX Account to play OONYX’s titles online. By signing up to play OONYX’s titles, you agree that limited user account information can be transferred to EA. Information transferred to OONYX includes your Mii information, email address, Nintendo Network ID, friend list, country, language and date of birth but does not include credit card number or other financial account information.

4. Other Information Collected From Third Parties

OONYX may also receive other information from third parties, including in connection with the operation and distribution of our products and services as well as market and demographic studies that we use to supplement personal and anonymous information collected or provided directly by you. Some third party services such as Twitter and Facebook may also provide us with information from your accounts there with your permission.

By playing an OONYX game through a social network or other third party platform or service or by connecting to such a third party network, platform or service via one of our products and/or services, you are authorizing OONYX to collect, store, and use in accordance with this Privacy Policy any and all information that you agreed the social network or other third party platform could provide to OONYX through the social network/third party platform Application Programming Interface (API) based on your settings on the third party social network or platform. Your agreement takes place when you connect with the third party network, platform or service via our products and/or services, and/or when you connect with, "accept" or "allow" (or similar terms) one of our applications through a social network, or other third party platform or service.

OONYX may also collect or receive information about you from other OONYX users who choose to upload their email and other contacts.  This information will be stored by us and used primarily to help you and your friends connect.

OONYX may also receive information from third parties in connection with market and demographic studies and/or other data that we use to supplement personal information provided directly by you.

VI.    What Happens To The Information OONYX Collects?

A. How OONYX Uses Your Information

OONYX uses your information to fulfill your specific requests, purchase orders and to send you purchase confirmation and other account-related information. In addition, the personal information you provide will allow us to send you messages about things including new products, features, enhancements, special offers, upgrade opportunities, contests and events of interest. You may also later opt out of such communications sent via email.

Otherwise, OONYX uses personal and non-personal information, both individually and combined together, to better enhance your user experience, improve our products and services, understand the behavior and preferences of our customers, to troubleshoot technical problems, to serve advertising, for authentication purposes, to enforce our Terms of Service, to ensure proper functioning of our products and services as well as to help improve them. In addition, we combine non-personal information with personal information, such as an email address, for purposes including providing excellent customer service, administering loyalty programs and tailoring our communications, offerings, web pages or game play experience to you.

By use of friend finder tools such as Facebook, Game Center or other third party services in our online and mobile products and services, you acknowledge that use of these friend finder tools will help you find your contacts and will also allow your contacts to associate your OONYX Account (and related gaming entitlements, including games played on PC, mobile and console platforms) with your social networking profile and/or email address. Your resulting friends' list, which may be accessible across OONYX social platforms as available, will be subject to this privacy policy.  Note that the friends that you choose to include on any OONYX or OONYX friends' list may be able to find and/or identify you in the context of different OONYX products and services, and see the profiles you have established. Those friends may also be able to see the online personas that you use across OONYX’s suite of products and services.  Choose your friends carefully.

If you choose to use our referral service to "Tell a Friend" about an OONYX product or site, we will ask you for your friend's name and email address. We will send your friend an email on your behalf inviting him or her to visit the site or check out our product. OONYX stores your friend's name and email for a short period for the sole purpose of sending this email and for redundancy checking, to be sure that your friend does not receive multiple copies of the same email message. We do not keep or use this information for any other purpose.

Your participation in tournaments or other online game events is also conditional upon our collection, use, storage, transmission and public display of statistical data (such as your scores, rankings and achievements) generated through your participation.

B. Will OONYX Share My Information With Third Parties?

OONYX will never share your personally identifiable information with third parties without your consent.   We may, however, share non-personally identifiable, aggregated and/or public information with third parties.  There may be circumstances where you may share information on your own.  Please see section XI for more details about your rights to information you share publicly on OONYX including user generated content, forums, blogs, and profiles. You may also opt in to allow OONYX to share your personal information with companies and organizations that provide products or services that we believe may be of interest to you. To opt out of further communications from a marketing partner or sponsor with whom your information has been shared, please contact that partner or sponsor directly.

OONYX does not disclose any personal information about children under 18 years of age who have registered on any of our websites to third parties, or share or disclose personal information other than as set forth in this policy, provided however, that in the event of a merger, acquisition, or the unlikely event of bankruptcy, management of OONYX customer information may be transferred to its successor or assign regardless of age.

From time to time, OONYX employs third party contractors to collect personal information on our behalf to provide email delivery, product, prize or promotional fulfillment, contest administration, credit card processing, shipping or other services on our sites. When requesting these services, you may be asked to supply your name, mailing address, telephone number and email address to our contractors. We ask some third party contractors, such as credit agencies, data analytics or market research firms, to supplement personal information that you provide to us for our own marketing and demographic studies, so that we can consistently improve our sites and related advertising to better meet our visitors' needs and preferences. To enrich our understanding of individual customers, we tie this information to the personal information you provide to us.

When our third party agents or service providers collect and/or have access any information other than non-personal, anonymous and/or aggregated data, OONYX requires that they use data consistently with our stated privacy policy. These third parties are prohibited from using your personal information for any other purpose without your specific consent.

You will be notified before your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.

We may also access and disclose personal information, including personal communications, in connection with report abuse functions in our products and services, to enforce legal rights and comply with the law, or to comply with an order from a government entity or other competent authority, or when we have reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage, or when we believe that disclosure is necessary to protect our rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on EA. Note that certain publically available information you post and communicate on our and third party sites and services is public information for which you have no expectation of privacy.  See Section XI for more details.

VII.    Where Is The Information Held?

Personal Information we collect may be stored and processed for the purposes set out in this Privacy Policy in the United States or any other country in which EA, its subsidiaries, or third party agents operate. By using our products, you consent that your personal information may be transferred to recipients in the United States and other countries that may not offer the same level of privacy protection as the laws in your country of residence or citizenship. 

OONYX participates in the U.S.-Swiss Safe Harbor Framework for the collection, use, and retention of data from Switzerland. While OONYX relies on various mechanisms to effectuate cross-border transfers, we continue to adhere to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view our certification, please visit http://www.export.gov/safeharbor.

VIII.    How Does OONYX Protect Your Personal Information?

OONYX understands the importance of keeping your information safe and secure. OONYX will make commercially reasonable efforts to protect your personal information and ensure the security of our systems. When you enter sensitive financial information (such as a credit card number) on our order forms, we encrypt the transmission of that information using commercially reasonable methods. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. We cannot guarantee that your information will not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. We cannot assume responsibility or liability for unauthorized access to our servers and systems.

IX.    Review, Correction Of Your Information, Requesting Removal From Mailing Lists And Deactivating Your Account

You can correct or update your account information at any time by logging on our site and navigating to "My Account," and viewing your "Basic Information" or other account settings. Should you be unable to log in or wish to have your account(s) deactivated, contact the Privacy Policy Administrator in your country as listed on our site at privacyadmin.ea.com, or if your country is not listed, by contacting the Privacy Policy Administrator in the United States. We will be happy to review, update or remove information as appropriate. We may still retain your information in our files however, to resolve disputes, enforce our user agreement, and due to technical and legal requirements and constraints related to the security, integrity and operation of our websites.

Some OONYX sites or services may collect personal information that is not accessible via our site. However, in such cases, you may be able to access that information through alternative means of access described by the service or by writing your local privacy policy administrator atprivacyadmin.ea.com and you will be contacted within 30 days regarding your request.

If you've granted OONYX access to your Facebook account information through an OONYX or Playfish application, you may request that OONYX delete your Facebook information by contacting the Privacy Policy Administrator listed at privacyadmin.ea.com and specifying the Facebook application used.  Note that as a result of deleting your data associated with an application on Facebook, you will no longer have access to that application.

X.    A Special Note About Children

Protecting children’s privacy online is extremely important to EA.  Many OONYX online or mobile products and services are intended for general audiences and do not knowingly collect any personal information from children. When users identify themselves as being children (i.e. under the age of 13 or under the minimum age in the relevant territory), consistent with applicable law we will: (1) not provide a path for them to input personal information, (2) collect certain information for limited purposes only (consistent with applicable law)), (3) block the child from accessing relevant services; and/or (4) obtain consent from parents for the collection, use, and sharing of their children’s personal information.

Through our mobile applications your child will be able to receive local in app notifications, which do not collect any personal information. 

Please note that if you grant consent for your child to use OONYX’s online or mobile products and services, this may include such general audience communication services as email, instant messaging, and online groups, and your child will be able to communicate with, and disclose personal information to, other users of all ages.

If you are a parent and wish to revoke your previously provided consent, review information collected from your child or have that information deleted, contact the appropriate Privacy Policy Administrator for your country listed at privacyadmin.ea.com, writing to Privacy Policy Administrator, 209 Redwood Shores Parkway, Redwood City, CA 94065 or by telephone at (650) 628-1393.

Information collected is secured in a manner consistent with this privacy policy (see Section VIII above).  If we make material changes to how we use, collect, or share your child’s personal information, we will notify parents by email or by in-game notice in order to obtain verifiable parental consent for the new uses of your child’s personal information.

We encourage you to talk with your children about communicating with strangers and disclosing personal information online.  You and your child should review our Online Safety web page for additional information about using the Internet safely.

Under no circumstances do we condition a child’s participation in an activity—like contests—on the child’s disclosure of more personal information than is reasonably necessary to participate in the activity.  On certain sites, we may not permit children to participate at all regardless of consent.


XI.    Public Information Including User Generated Content, Online Forums, Blogs And Profiles

You may choose to disclose information about yourself in the course of contributing user generated content to OONYX sites or games or in our online chat rooms, blogs, message boards, user "profiles" for public view or in similar forums on our sites and/or on third party sites. Information that you disclose in any of these forums is unencrypted, public information, may be accessed or recorded by OONYX employees, and there is no expectation of privacy or confidentiality there.  

You should be aware that any personally identifiable information you submit in the course of these public activities can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to make public in any of these forums.

Note also that in the ordinary course of Internet activity, certain information may be sent from your browser to third parties such as advertising networks and analytics companies.  OONYX has no control over the information sent from your browser to those networks or other third parties and recommends that you ensure that your browser settings prevent the disclosure of information you would not like to share.

If you post a video, image or photo on one of our sites for public view you should be aware that these may be viewed, collected, copied and/or used by other users without your consent. We are not responsible for the videos, images or photos that you choose to submit to OONYX’s site. Please see our Terms of Service at terms.ea.com on this point and for other guidelines about posting content on our websites.

XII.    Third Party Sites.

Our website may contain advertising or services which link to other websites such as Twitter, Facebook and YouTube. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. If you click on a link to a third party site, including on an advertisement, you will leave the OONYX site you are visiting and go to the site you selected. Because we cannot control the activities of third parties, we cannot accept responsibility for any use of your personal information by such third parties, and we cannot guarantee that they will adhere to the same privacy and security practices as EA. We encourage you to review the privacy policies of any other service provider from whom you request services. If you visit a third party website that is linked to an OONYX site, you should consult that site's privacy policy before providing any personal information.

XIII.    Products Offered In Partnership With Third Party(s)

Members may register for other services from our site(s). Certain products and/or services available on our site are provided to you in partnership with third party(s) and may require you to disclose personally identifiable information in order to register for and access such products and/or services. Such products and/or services shall identify the third party partners at the point of registration. If you elect to register for such products and/or services your personally identifiable information will be transferred to such third party(s) and will be subject to the privacy policy and practices of such third party(s). We are not responsible for the privacy practices and policies of such third party(s) and, therefore, you should review the privacy practices and policies of such third party(s) prior to providing your personally identifiable information in connection with such products and/or services. 

XIV.    Contact Information & Complaints Process

If you have questions or concerns regarding this statement, you should first contact the OONYX Privacy Policy Administrator for the country in which you reside at the email address or postal address specified at privacyadmin.ea.com. If your country is not listed, please contact the United States' Privacy Policy Administrator or write to Privacy Policy Administrator, OONYX Media Inc., 209 Redwood Shores Pkwy, Redwood City, CA 94065. If your inquiry is not satisfactorily addressed, you should contact TRUSTe here or at https://feedback.truste.com as instructed above. TRUSTe will then serve as a liaison with us to resolve your concerns. Please note that the TRUSTe program only covers information that is collected through this Website, and does not cover information that may be collected through any software downloaded from this Website.

For more information and updates to our online Privacy Policy, visit privacy.ea.com.

XV.    California Residents: Your California Privacy Rights

Under California law, California Residents who have an established business relationship with OONYX Media Inc. (EA) or one of its subsidiaries may choose to opt out of OONYX disclosure of personal information about them to third parties for direct marketing purposes. As detailed above, our policy is not to disclose personal information collected online to a third party for direct marketing purposes without your approval. If you choose to opt-out at any time after granting approval, email This email address is being protected from spambots. You need JavaScript enabled to view it. or write to Privacy Policy Administrator, OONYX Media Inc., 209 Redwood Shores Pkwy, Redwood City, CA 94065.

XVI.    Dispute Resolution By Binding Arbitration

The purpose of this Section is to provide a streamlined method for resolution of disputes between us if they arise.  As discussed below, if we cannot resolve our disputes informally and you are awarded a sum at arbitration greater than OONYX’s last settlement offer to you (if any), OONYX will pay you 150% of your arbitration award, up to $5000 over and above your arbitration award.

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

Most customer concerns can be resolved quickly and to your satisfaction by logging into our customer support interface with your OONYX Account at help.ea.com.  In the unlikely event that OONYX cannot resolve a concern to your satisfaction (or if OONYX cannot resolve a concern it has with you after attempting to do so informally), then you and OONYX agree to be bound by the following procedure to resolve any and all disputes between us.  This provision applies to all consumers to the fullest extent allowable by law, but expressly excludes residents of Quebec, Russia, Switzerland, the Member States of the European Union, and the Republic of Korea.  By accepting these terms, you and OONYX expressly waive the right to a trial by jury or to participate in a class action.  This agreement is intended to be interpreted broadly.  This Section covers any and all disputes between us ("Disputes"), including without limitation:

- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of this Agreement.

The only disputes that are not covered by this Section are the following:

- a claim to enforce or protect, or concerning the validity of, any of your or OONYX’s (or any of OONYX’s licensors') intellectual property rights;
- a claim related to, or arising from, allegations of theft, piracy, or unauthorized use;
- In addition, nothing in this Section shall prevent either party from initiating a small claims court action.

References to "EA," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or Software under this or prior Agreements between us.  This arbitration provision evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision.  This arbitration provision shall survive termination of these Terms of Service.

A. Informal Negotiations/Notice of Dispute.  You and OONYX agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration.  Such informal negotiations commence upon receipt of written notice from one person to the other ("Notice of Dispute").  Notices of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand").  OONYX will send its Notice of Dispute to your billing address (if you provided it to us) or to the email address you provided to us.  You will send your Notice of Dispute to: OONYX Media Inc., 209 Redwood Shores Parkway, Redwood City CA 94065, ATTENTION: Legal Department.

B. Binding Arbitration.  If you and OONYX are unable to resolve a Dispute through informal negotiations within 30 days after receipt of the Notice of Dispute, either you or OONYX may elect to have the Dispute finally and exclusively resolved by binding arbitration.  Any election to arbitrate by one party shall be final and binding on the other.  YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND OONYX ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.  The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (AAA Consumer Rules), both of which are available at the AAA website www.adr.org.  Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules.  If such costs are determined by the arbitrator to be excessive, or if you send OONYX a notice to the Notice of Dispute address above indicating that you are unable to pay the fees required to initiate an arbitration, then OONYX will promptly pay all arbitration fees and expenses.  The arbitration may be conducted in person, through the submission of documents, by phone or online.  The arbitrator will make a decision in writing, and shall provide a statement of reasons if requested by either party.  The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.  You and OONYX may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

C. Restrictions.  You and OONYX agree that any arbitration shall be limited to the Dispute between OONYX and you individually.  To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class action-basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND OONYX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and OONYX agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.  If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

D. Location.  If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you.  For residents outside the United States, arbitration shall be initiated in the County of San Mateo, State of California, United States of America, and you and OONYX agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

E. Recovery and Attorneys' Fees.  If the arbitrator rules in your favor on the merits of any claim you bring against OONYX and issues you an award that is greater in monetary value than OONYX’s last written settlement offer made before written submissions are made to the arbitrator, then OONYX will:

- Pay you 150% of your arbitration award, up to $5,000 over and above your arbitration award; and
- Pay your attorney, if any, the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium").

The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

The right to attorneys' fees and expenses discussed above supplements any right to attorneys' fees and expenses you may have under applicable law, although you may not recover duplicative awards of attorneys' fees or costs.  OONYX waives any right it may have to seek an award of attorneys' fees and expenses in connection with any arbitration between us.

F. Limitation on Arbitrator's Authority.  The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

G. Changes to This Provision.  Notwithstanding any provision in this Agreement to the contrary, we agree that if OONYX makes any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above.  By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

LAST UPDATED: July 15, 2016



1. Your Contract with Us:

Your purchase and use of products and services on the OONYX Games website www.oonyxgames.com and our sub-sites (the "Websites") is governed by these Terms of Sale, which supplement the OONYX Online Terms of Service and Privacy Policy (together, the "Agreement" or the "Contract"). 


If you download software, purchase physical products or acquire points from one of our Websites, your use of the software, product and points is also governed by the applicable end user license agreement and/or digital services agreement presented to you either prior to your download of the software or acquisition of points, or within the packaged product.

Please note that these Terms of Sale do not apply to you if you purchase a prepaid code for one of our products at a retail outlet or on another website.  Your purchase of such prepaid code is governed by the terms and conditions (if any) of the applicable retail outlet or third party website.

In these Terms of Sale, the term "you" means you the customer; and the terms “OONYX”, "we","us" and "our" means OONYX Media.


2. Placing an Order with Us:

To make a purchase, (i) click the "buy now" (or similar) link; (ii) sign into your OONYX Account (“Account”) or create an Account if you do not have one; (iii) provide your billing information; and (iv) confirm the details of what you are purchasing and that you have read and accept these Terms of Sale, any applicable end user license agreement, and any applicable digital services agreement.  You will then be sent a purchase confirmation email from us.  To cancel your order at any time prior to completion of the order, click the "cancel" (or similar) button at the bottom of each purchase page on the applicable Website.

You can correct inputting errors on the "Confirm Billing" (or similar) page of the Website.  You can also correct certain inputting errors that you have made on the Website (such as an incorrect billing address) by logging on to www.oonyxgames.com, and accessing the "My Account" (or similar) link located on our home page.

Your submission of an order only constitutes an offer by you to buy at the price and terms stated in the order.  If you would like a copy of the records applicable to your order, including the OONYX Online Terms of Service and Terms of Sale applicable to your Contract, please contact Customer Support by visiting http://www.oonyxgames.com/support

OONYX strives to provide a safe and fair playing environment for all players of our games.  To help prevent fraud, cheating and other behaviors that can negatively affect player experience, OONYX may employ "anti-cheating" or fraud prevention utilities which collect non-personally identifiable information about your device when you place an order with us. For more information about OONYX’s fraud prevention technology and its fraud prevention partner, iovation, please review OONYX’s privacy policy at privacy.oonyxgames.com which is incorporated here by reference. 



3. Pricing:

The price payable by you (the "Price") is the price indicated on the purchase confirmation email that we send you.  For consumers located in Europe, the Price includes any applicable VAT.

Pricing and Sales Tax, GST and VAT. Your total price will be the price of the product plus any applicable sales or use taxes in effect at the time of purchase, and based on the bill to address. For U.S. and Canadian purchasers applicable sales tax will be added on to the product price displayed. For Australia, EU countries, New Zealand, Norway, Switzerland or South Africa purchasers and unless otherwise indicated at the time of purchase, product prices on the service include applicable VAT or GST, which will be assessed at a variable rate based on your billing location (including purchases for gifts).  Failure on OONYX 's part to invoice you for any applicable sales taxes, GST, VAT and other taxes does not relieve you of the liability to pay such taxes, and you must pay to the applicable taxing authority any such taxes which may be due as a result of your purchase through the service. We reserve the right to change the price and specifications shown in relation to any of our products or services.  If the price or specification published on the applicable Website for any products or services is materially incorrect when you place an order for those products or services, we will: (i) contact you by email with the correct price or specification; and (ii) ask you to confirm whether you would like to purchase the applicable products or services at the correct price or specification. If applicable, we will also state the period for which the offer or Price remains valid.  If you choose not to complete your purchase at the corrected price or product specification, we will provide you with a full refund for any amounts already paid by you.


4. Gifts:

Gifts purchased from OONYX may be purchased for, and redeemed by, only residents of the same country as the purchaser.  Gifts are completed transactions upon purchase.  When you purchase a gift from OONYX, that transaction is between you and OONYX.  You receive the gift at the time of purchase, and you give your gift automatically to your designated recipient.


5. Payment:

You may pay for your products and/or services either by credit card on our Websites or by using the services of any alternate billing and payment provider identified on the applicable Website.

If you pay for your products and/or services by credit card, then you must supply your credit card details when you place your order.  Your credit card will be charged when we issue our purchase confirmation email. We will not supply any products or services to you until your credit card issuer has authorized the use of your card for payment of the products and/or services ordered.  For more information on our billing policies and procedures, please see our FAQs.

If you elect to use the services of an alternate billing and payment provider, you will be bound by that third party's terms and conditions, which are available on such party's website.  You may be required to create an account with the alternate provider, and to provide that provider with your bank account or credit or debit card details.

Costs associated with accessing our Websites and downloading software products depends on your Internet Service Provider. Please see your Internet Service Provider's terms and conditions.

6. Performance of the Contract:

Certain products and services will be available to you as soon as you complete your purchase.  In some cases, we may also give you the opportunity purchase a license for a software product prior to its scheduled release date.  If you purchase a software license prior to the release date of the applicable software, a portion of the software will be immediately downloaded onto your computer.  On the release date of the applicable software, your computer will automatically download the remaining portion of the software that is needed for you to install and use the software.  Our Websites will inform you which type of software product you are purchasing.  Our obligation to deliver the software product to you shall be complete at such time as, and place where, you first receive either the downloaded product or physical product, as applicable.

If you have purchased services from us, your right to access the applicable services will commence immediately after we have sent our purchase confirmation email.

In the event that OONYX disables products or services made available on the Website, OONYX will give you 30-days' notice at http://www.oonyxgames.com/service-updates.

7. Refunds for Products and Services:

Subject to the following paragraph, there are no refunds for products or services purchased on our Websites.

If you reside in the European Union and you purchase a product or service on one of our Websites, you have the right to withdraw from your purchase within fourteen calendar days, commencing on the day after the date of purchase (the "Cooling Off Period"). If you reside in countries other than Germany you will lose your right of withdrawal if you start downloading your product, or if you remove or unseal the shrink-wrap packaging from your physical product, or if the performance of our services has begun, before the end of the Cooling Off Period.

If you reside in Germany, the following applies: the Cooling Off Period does not start before you receive your purchase confirmation email, and if you purchase a physical product, not before you received the purchased physical product. If you purchase a service and expressly consent to the service commencing, you will lose your right of withdrawal once both parties' obligations are fulfilled before the end of the Cooling Off Period. If you purchased a physical product, you will lose your right of withdrawal if you remove or unseal the shrink-wrap packaging from your physical product.

Please note that if you purchase services from us, the performance of our services will begin immediately after we have sent our purchase confirmation email.

To withdraw from your purchase within the Cooling Off Period, please visit www.oonyxgames.com/support, log in to the Account used for your purchase and open the "Email Us" tab on the left hand side of the screen.  Complete the information in the "Email Us" tab and, if possible, attach a copy of your purchase confirmation email using the "Attach Files" feature. If you withdraw from your purchase within the Cooling Off Period, we will refund the Price as soon as reasonably practicable, and in any event within 30 days after the date that you exercise your right of withdrawal.

If you reside in Germany, the following applies: If you exercise your right of withdrawal from the contract in accordance with these Terms, OONYX is entitled to claim compensation for the services used up until the date of withdrawal and for damages of physical products that do not result from a regular testing of the product’s features and functionality.

This Contract does not confer any rights or remedies upon any person other than the parties to this Contract. You may also have additional rights under applicable law.


8. OONYX's Liability to You:

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCTS AND SERVICES THAT YOU PURCHASE ON THE WEBSITES ARE PROVIDED TO YOU “AS IS,” AND YOUR USE IS AT YOUR OWN RISK. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY  AND ALL OTHER EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED  WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,  NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM A COURSE  OF DEALING, USAGE, OR TRADE PRACTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER OONYX NOR ITS LICENSORS OR DISTRIBUTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS,  COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY FORM OF INDIRECT, SPECIAL,  INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING  WITH RESPECT TO THE PRODUCTS OR SERVICES THAT YOU PURCHASE ON THE WEBSITES,  WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR  OTHERWISE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF  SUCH DAMAGE.  IN NO EVENT SHALL OONYX’S AGGREGATE LIABILITY UNDER THESE TERMS OF SALE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE PRODUCTS OR SERVICES.

NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED IN THESE TERMS OF SALE LIMIT OONYX’S LIABILITY TO YOU FOR FRAUDULENT MISREPRESENTATIONS, DEATH OR  PERSONAL INJURY CAUSED BY EA’S NEGLIGENCE, OR ANY OTHER LIABILITY TO THE EXTENT  SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF APPLICABLE LAW.

9. Electronic Contracting:

You acknowledge and agree that by clicking the 'OK' (or similar) button when you place your order, you are placing a legally binding offer.  You consent to: (i) the use of electronic communications in order to enter into contracts and place orders with us; and (ii) the electronic delivery of notices, policies and records of transactions initiated or completed by you online.  You have the right to withdraw this consent, but if you do, we may cancel your access to our products and services.  If you do not consent to receive any notices electronically, you must stop using our Websites. We may amend these Terms of Sale at any time by posting them on our Website. You agree to review them each time you make a purchase.

As long as you place orders with us online, you agree that you will have access to the necessary software and hardware to receive electronic records from us in connection with transactions initiated or completed by you online.

10. Governing Law:

The laws of the Netherlands, excluding its conflicts-of-law rules, govern the Terms of Sale; and (ii) to the extent applicable pursuant to Section 11 below, you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to the Terms of Sale shall be the federal or state courts that govern The Netherlands, and you expressly consent (to the extent applicable pursuant to Section 11 below) to the exercise of personal jurisdiction of such courts in connection with any such dispute not precluded by Section 11 below including any claim involving OONYX or OONYX affiliates, subsidiaries, contractors, vendors and content providers. Please note that your conduct may also be subject to other local, state, national, and international laws.  The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to the Terms of Sale or to any dispute or transaction arising out of the Terms of Sale.

11. Corporate Identity:

OONYX Media
Top Naefstraat 12-3, 1064KH Amsterdam, The Netherlands
This email address is being protected from spambots. You need JavaScript enabled to view it.

Chamber of commerce number: 65360648
VAT identification number: NL195867646B02

LAST UPDATED:  July 15, 2016

OONYX GAMES TERMS OF SERVICE

These Terms of Service and all supplemental terms, as amended from time to time, govern your use of any online or mobile product or service to which you have access, any product or service that requires an Internet connection or OONYX Account to access, install or play as well as any OONYX Account you use to access online or mobile products or services ("OONYX Services") offered by OONYX Media or any of its subsidiaries and affiliates (collectively, "OONYX") for PC, game system or mobile device.  These terms are an agreement between you and OONYX Media. If additional terms and/or agreements apply to the OONYX Service(s) used by you, those additional terms and/or agreements govern your use of OONYX Services as well.   

These Terms of Service, as well as OONYX’s Privacy Policy available at privacy.oonyxgames.com  (incorporated herein by reference) form legally binding contracts between you and OONYX Media.  By using OONYX Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) and take full responsibility for your compliance with them.  You agree that you are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Service, and to abide and comply with these Terms of Service.

You agree to check http://www.oonyxgames.com/support/legal-stuff/terms-of-service periodically for new information and terms that govern your use of OONYX Services.  OONYX Media may modify the Terms of Service at any time.  Revisions to terms affecting existing OONYX Services shall be effective thirty (30) days after posting at terms.oonyxgames.com.  Terms for new OONYX Services are effective immediately upon posting at http://www.oonyxgames.com/support/legal-stuff/terms-of-service

Table of Contents

1. OONYX Account

2. Content

3. Entitlements

4. Use and Expiration of Content and Entitlements/General License Restrictions

5. Content and Entitlement Availability

6. Contributing Third Party Content to OONYX Services

7. UGC License Grant to OONYX Games and Others

8. Paid Services

9. Termination of OONYX Services

10. Cancellation of your Account

11. Rules of Conduct

12. Services Not Controlled By OONYX Games

13. Software, Utilities and Tools

14. Export Control Laws

15. Updates to OONYX Services

16. Limitations on Warranty and Liability

17. Indemnification

18. Links to Third-Party Sites

19. General Terms

20. Dispute Resolution by Binding Arbitration

21. Entire Agreement

22. Notice to California Residents

23. Supplemental Terms

1. OONYX Account

An OONYX Account ("Account") may be required to access and use some OONYX Services.  If you have questions about Account registration, please contact us by visiting support.oonyxgames.com

To create an Account, you must have an email address, and provide truthful and accurate information.  You must be eligible to use the OONYX Service for which you are registering.  In addition, some OONYX Services may require creation of a "user name" or a "persona" to represent you in game and online.  User names and personas are tied to your Account.  You may not use a user name or persona that is used by someone else, is vulgar or offensive, or otherwise violates the Terms of Service.

You are solely responsible for all activity on your Account.  Your Account may be terminated if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal.  You should not reveal your Account password to others.  OONYX will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.

2. Content 

"Content" on OONYX Services includes software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to and/or from OONYX Services, as well as the design and appearance of our websites.  Content includes user-generated Content ("UGC").  UGC includes but is not limited to Account personas, forum posts, profile content and any other Content contributed by users to OONYX Services.  OONYX Content and UGC collectively shall be referred to as "Content." All Content--with the exception of UGC discussed below in Section 6 and 7--is owned by OONYX or its affiliates, subsidiaries, licensors or suppliers.  You bear the entire risk of the completeness, accuracy and/or usefulness of UGC found on OONYX Services. 

3. Entitlements

"Entitlements" are licensed rights granted, awarded, provided and/or purchased by you to access and/or use online or off-line elements or features of OONYX Services and/or products.  Entitlements include but are not limited to paid and free downloadable content, unlockable content, digital and/or virtual assets, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, in-game achievements and virtual or fictional currency not otherwise governed by a Digital Services Agreement.

4. Use and Expiration of Content and Entitlements/General License Restrictions 

OONYX grants you a personal, limited, non-exclusive license to use Content and Entitlements to which you have access for your personal, private, non-commercial, non-transferable, limited uses solely as set forth herein and as set forth in any additional documentation and/or agreements applicable to the OONYX Services accessed by you.  Content and Entitlements and all other intellectual property rights in or on OONYX Services as well as the products and services offered through OONYX Services, are owned by OONYX or OONYX 's third party licensors and is protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content and/or Entitlements from an OONYX Service unless you are expressly authorized to do so.  In addition, unless expressly authorized by OONYX, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Content or Entitlements.  Any commercial use is prohibited.  You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content.  Your rights are subject to your compliance with these Terms of Service as well as any other agreements applicable to the OONYX Services you are using. 

OONYX reserves all right, title and interest in Content, Entitlements and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to you in these Terms of Service.  Your permitted use of Content and Entitlements described above is limited by the intellectual property rights of OONYX and does not include any rights to other patents or intellectual property.  Making unauthorized copies or distribution of Content and/or Entitlements found on OONYX Services may result in the termination of your Account(s), prohibition on use of OONYX Services, and further legal action.  Content and/or Entitlement owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless OONYX from any unauthorized or illegal conduct by you, or through the use of your Account, on OONYX Services.

5. OONYX Services, Content and Entitlement Availability

Entitlements may only be held in Accounts belonging to legal residents of countries where access to and use of Content and Entitlements is permitted.  Entitlements may be purchased or acquired only from OONYX or an authorized retailer.  OONYX reserves the right to refuse your request(s) to acquire Entitlements, and OONYX reserves the right to limit or block any request to acquire Entitlements for any reason. 

We do not guarantee that any Content or Entitlement will be available at all times, in all countries and/or geographic locations, or at any given time or that we will continue to offer particular Content or Entitlements for any particular length of time. We reserve the right to change and update Content and Entitlements without notice to you.  Once you have redeemed your Entitlements, that content is not returnable, exchangeable, or refundable for other Entitlements or for cash, or other goods or services. 

6. Contributing UGC to OONYX Services

OONYX does not pre-screen all UGC and does not endorse or approve any UGC that you and other users may contribute to OONYX Services.  You are solely responsible for your UGC and may be held liable for UGC that you post.

OONYX respects the intellectual property rights of others.  You must have the legal right to upload UGC to OONYX Services.  You may not upload or post any UGC on OONYX Services that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload UGC that violates the law, this Terms of Service and/or any third party's right of privacy or right of publicity.  You may upload only UGC that you are permitted to upload by the owner or by law. OONYX may, without prior notice to you and in its sole judgment, remove UGC that may infringe the intellectual property or other rights of a third party.  If you are a repeat infringer of OONYX's or a third party's intellectual property or other rights, OONYX may terminate your Account without notice to you.  If your Account(s) are terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to Entitlements associated with your Account.

OONYX reserves the right (but has no obligation except as required by law) to remove, block, edit, move or disable UGC for any reason, including when OONYX determines that UGC violates these terms.  The decision to remove UGC or other Content at any time is in OONYX 's sole and final discretion.  To the maximum extent permitted by applicable law, OONYX does not assume any responsibility or liability for UGC or for removal of, UGC or any failure to or delay in removing, UGC or other Content.

7. UGC License Grant to OONYX and Others

When you contribute UGC to an OONYX Service, you expressly grant to OONYX and its licensors a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party.  You grant OONYX and its licensors all licenses, consents and clearances to enable OONYX and its licensors to use such UGC for such purposes.  You waive and agree not to assert any moral or similar rights you may have in such UGC.

If the OONYX Service on which you contribute UGC permits other users to access and use that UGC as part of the OONYX Service, then you also grant all other users of the relevant OONYX Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant OONYX Service without further notice, attribution or compensation to you.

8. Paid Services

Some OONYX Services require payment of a fee.  You must have an Account and pay the subscription or other fees to participate in these activities.  For information about subscription and other fees for particular services, visit support.oonyxgames.com

FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.

OONYX reserves the right to change our fees or billing methods at any time.  If you pay a periodic (e.g. monthly) subscription for an OONYX Service, OONYX will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by posting such changes on the OONYX Service.  You are responsible for reviewing the OONYX Service to obtain timely notice of such changes.  Your continued use of the OONYX Service thirty (30) days or more after posting of the changes means that you accept such changes.  If any change is unacceptable to you, you may cancel your subscription at any time, but OONYX will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription.  If your use of OONYX Services is subject to use or sales tax, then OONYX may also charge you for any such taxes, in addition to the subscription or other fees.  For further information, visit support.oonyxgames.com

A. Payment Options.  You may pay fees using the methods available for the particular OONYX Service and you agree to the terms and conditions applicable to each payment method you choose.  Payment methods may vary by OONYX Service.  When you provide credit card or other payment information to OONYX, you represent to OONYX that you are the authorized user of the credit card or other payment method.  By agreeing to this Terms of Service, you have agreed to permit OONYX to automatically renew your subscription to an OONYX Service by charging a valid credit card number which you have provided to OONYX.  Your subscription will be automatically renewed thirty (30) days prior to the expiration of the term and each anniversary thereafter for a fee no greater than OONYX 's then-current price, excluding any promotional and discount pricing, unless you cancel your subscription.  You must provide current, complete, and accurate information for your billing account.  You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify OONYX if your credit card is canceled (for example, for loss or theft).  Changes to such information can be made by contacting Customer Service at support.oonyxgames.com.  If you fail to provide OONYX any of the foregoing information, you agree that OONYX may continue charging you for any subscription automatically renewed unless you cancel your subscription at least thirty (30) days prior to the expiration of the subscription.  OONYX reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards provided by you to OONYX.  Customers who use a payment method other than credit card may incur an additional payment processing fee, and may not be able to automatically renew subscriptions.  For further information, visit support.oonyxgames.com. 

As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends.

B. Trial Subscriptions.  For some OONYX Services, OONYX may offer a free trial subscription.  If you accept a free trial subscription, OONYX will begin to bill your Account for that OONYX Service when the free trial subscription expires, unless you cancel your subscription before that time.  You are always responsible for any internet service provider, telephone, wireless and other connection fees that you may incur when using OONYX Services, even when we offer a free trial subscription.  Trial subscriptions are not transferrable.

C. Fees Charged By Third-Party Sites and Vendors.  We may provide links to other web sites.  Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to OONYX.  Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.

9. Termination of OONYX Services

OONYX may terminate access to any online or mobile products and/or OONYX Services (and/or any portion thereof) at any time by giving you notice of such termination within the time period specified when you joined the particular OONYX Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is either (at OONYX’s discretion) provided to you via email or is posted on the applicable product or OONYX Service or on http://www.oonyxgames.com/service-updates.

OONYX may also terminate access to OONYX Services for violation of this Terms of Service, if OONYX (in its sole discretion) deems that your use of OONYX Services renders OONYX Services less safe for others and/or minors or for illegal or improper use of OONYX Services, Content, Entitlement, products, or OONYX's Intellectual Property as determined by OONYX in its sole discretion.  You may lose your user name and persona as a result of termination.  If you have more than one (1) Account, OONYX may terminate all of your Accounts and all related Entitlements. In response to a violation of these Terms of Service or any other agreement applicable to OONYX Services accessed by you, OONYX may issue you a warning, suspend your Account, selectively remove, revoke or garnish Entitlements at an Account and/or device level, immediately terminate any and all Accounts that you have established and/or temporarily or permanently ban your device and/or machine from accessing all OONYX Services or certain OONYX Services.  You acknowledge that in such an instance OONYX is not required to provide you notice before taking action to suspend or terminate your Account, temporarily or permanently banning your device from some or all OONYX Services or selectively removing, revoking or garnishing Entitlements associated with your Account.  If OONYX terminates your Account, you may not participate in an OONYX Service again without OONYX 's express permission.  OONYX reserves the right to refuse to keep Accounts for, and provide OONYX Services to, any individual.  You may not allow individuals whose Accounts have been terminated by OONYX to use your Account.

If your Account, or a particular subscription for an OONYX Service associated with your Account, is terminated, suspended and/or if any Entitlements are selectively removed, revoked or garnished from your Account and/or if your device is temporarily or permanently banned from accessing some or all OONYX Services, no refund will be granted, no Entitlements will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Entitlements associated with your Account or the particular OONYX Service.  If you believe that any action has been taken against your Account or device in error, please contact Customer Support at support.oonyxgames.com.

10. Cancellation of your Account

You have the right to cancel your Account or a particular subscription to an OONYX Service at any time.  If you do not agree to the terms in this Terms of Service, your sole remedy is to not use OONYX Services and to cancel your Account or applicable subscriptions.  You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with support.oonyxgames.com, including any dispute related to, or arising out of: (1) any term of this Terms of Service or OONYX’s enforcement or application of this Terms of Service; (2) the Content and Entitlements available through OONYX Services or any change in Content or Entitlements provided through OONYX Services; (3) your ability to access and/or use OONYX Services and/or any Content or Entitlements thereon; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for OONYX Services and/or any Content or Entitlements thereon.

Contact OONYX’s Customer Service Department at support.oonyxgames.com to cancel your Account.  OONYX reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a subscription to an OONYX Service.  You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation.  Any delinquent or unpaid fees and other unresolved issues with OONYX Services must be settled before you establish a new Account.

11. Rules of Conduct

You may violate the Terms of Service if, as determined by OONYX in its sole discretion, you:

- Post, transmit, promote, or distribute Content that is illegal.

- Harass, threaten, embarrass, spam or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.

- Organize, effectuate or participate in any activity, group, guild that is harmful, abusive, hateful, racially, ethnically, religiously or otherwise offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or in a reasonable person's view, objectionable and/or inappropriate.  Hate speech is not tolerated.

- Use abusive, offensive, or defamatory screen names and/or personas.

- Engage in disruptive behavior in chat areas, game areas, forums, or any other aspect of OONYX Services.  Disruptive behavior includes but is not limited to conduct which interferes with the normal flow of gameplay or dialogue within an OONYX Service. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements.

- Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, "spamming" or flooding [posting repetitive text].

- Impersonate another person (including celebrities), indicate falsely that you are an OONYX employee or a representative of OONYX, or attempt to mislead users by indicating that you represent OONYX or any of OONYX’s partners or affiliates.

- Attempt to get a password, account information, or other private information from anyone else on OONYX Services.

- Upload any software or Content that you do not own or have permission to freely distribute.

- Violate any additional Rules of Conduct applicable to a specific OONYX Service that you are using.

- Promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or virtual currency/items.

- Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt OONYX Services.

- Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.

- Improperly use in-game support or complaint buttons or make false reports to OONYX staff.

- Use or distribute unauthorized "auto" software programs, "macro" software programs or other "cheat utility" software program or applications.

- Use any game hacking/altering/cheating software or tools. 

- Modify or attempt to modify any file or any other part of the OONYX Service that OONYX does not specifically authorize you to modify.

- Post or communicate any person's real-world personal information using an OONYX Service.

- Attempt to interfere with, hack into or decipher any transmissions to or from the servers for an OONYX Service.

- Use and communicate exploits and/or cheats.

- Attempt to use OONYX Software on or through any service that is not controlled or authorized by OONYX GAMES.  Any such use is at your own risk and may subject you to additional or different terms.  OONYX takes no responsibility for your use of OONYX Software on or through any service that is not controlled by OONYX GAMES.

- Interfere with the ability of others to enjoy playing an OONYX Service or take actions that interfere with or materially increase the cost to provide an OONYX Service for the enjoyment of all its users.

- Unless expressly authorized by OONYX, you may not sell, buy, trade or otherwise transfer your Account or any personal access to OONYX Services, Content or Entitlements, including by use of auction websites.

- You may not conduct any activities that violate the laws of any jurisdiction including but not limited to copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software.

- Post or transmit unsolicited advertising, promotional materials or other forms of solicitation in-game or in the forums.

- Abuse or exploit bugs, undocumented features, design errors or problems in the game. 

- “Role–playing” is not an excuse for violating this or any other policy.

Specific OONYX Services may also post additional rules that apply to your conduct on those services. 

You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use OONYX Services.  OONYX reserves the right to terminate your Account and to prevent your use of any and all OONYX Services if your Account is used to engage in illegal activity or to violate this Terms of Service. 

Unless otherwise specified, there is no requirement or expectation that OONYX will monitor or record any online activity on OONYX Services, including communications.  However, OONYX reserves the right to access and/or record any online activity on OONYX Services and you give OONYX your express consent to access and record your activities.  OONYX reserves the right to remove any content from any OONYX Service at OONYX’s sole discretion.  OONYX has no liability for your or any third party's violation of this Agreement.

If you encounter another user who is violating any of the Rules of Conduct, please report this activity to OONYX using the "Help" or "Report Abuse" functions in the relevant OONYX Service, if available, or contact Customer Support at support.oonyxgames.com.

12. Services Not Controlled By OONYX

Some products may give you the option of using OONYX Software on or through a service that is not controlled by OONYX.  For example, you may be given the option to play OONYX Software online on servers not owned or controlled by OONYX.  OONYX takes no responsibility for your use of OONYX Software on or through any such service and otherwise has no control over how those services are offered, administered or operated.  Any such use of non-OONYX controlled services is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service. 

13. Software, Utilities and Tools

OONYX Services may require or allow you to download software, software updates or patches, or other utilities and tools from OONYX or its licensors onto your computer, entertainment system or device ("OONYX Software").  OONYX grants to you a non-exclusive, limited license to use OONYX Software solely for the purpose stated by OONYX at the time the OONYX Software is made available to you.  If an End User License Agreement or End User Access And License Agreement is provided with the OONYX Software, your use of the OONYX Software is subject to the terms of that license agreement.  You may not sub-license, or charge others to use or access OONYX Software.  You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from OONYX Software.  You may not modify OONYX Software or use it in any way not expressly authorized in writing by OONYX.  You understand that OONYX’s introduction of various technologies may not be consistent across all platforms and that the performance of OONYX Software and related OONYX Services may vary depending on your computer and other equipment.

From time to time, OONYX Media may provide you with updates or modifications to OONYX Software.  You understand that certain updates and modifications may be required in order to continue use the OONYX Software and OONYX Services.

14. Export Control Laws

OONYX Software may be subject to United States export controls, and export controls of other jurisdictions.  By downloading OONYX Software from OONYX, you warrant that you are not located in any country, or exporting OONYX Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods.

You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or OONYX Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization.  You further agree not to upload to OONYX Services any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.  The assurances and commitments in this Section shall survive termination of this Agreement.

15. Updates to OONYX Services

IMPORTANT: OONYX MAY FIND IT NECESSARY TO UPDATE, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF OONYX SERVICES.  THESE UPDATES OR "RESETS" MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT GAME WORLD AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL.  OONYX RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.

16. Limitations on Warranty and Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF OONYX SERVICES, OONYX SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK.  OONYX SERVICES, OONYX SOFTWARE, OONYX PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.  NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF OONYX SOFTWARE OR OONYX SERVICES.  OONYX DOES NOT ASSUME LIABILITY FOR INABILITY TO OBTAIN OR USE ANY CONTENT, ENTITLEMENTS, GOODS OR SERVICES.  OONYX PROVIDES OONYX SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE OONYX SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT OONYX WILL HAVE ADEQUATE CAPACITY FOR OONYX SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH OONYX OR ITS LICENSORS ARISING OUT OF OR RELATING TO OONYX SERVICES AND/OR OONYX PRODUCTS IS TO STOP USING OONYX SERVICES, AND TO CANCEL YOUR ACCOUNT.  YOU ACKNOWLEDGE AND AGREE THAT OONYX, ITS LICENSORS, LICENSEES AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON OONYX SERVICES OR USE OF OONYX SOFTWARE.  IN NO CASE SHALL OONYX’S OR ITS LICENSORS', LICENSEES', AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "OONYX AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO OONYX FOR OONYX SERVICES.  IN NO CASE SHALL OONYX, ITS LICENSORS OR OONYX AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OONYX SERVICES, OONYX SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OONYX SERVICES OR ACCOUNTS.  WHILE OONYX USES COMMERCIALLY REASONABLE MEANS TO PROTECT YOUR PERSONAL INFORMATION, OONYX AND ITS LICENSORS ASSUME NO LIABILITY FOR LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR USING ANY OONYX SERVICE, CONTENT, OONYX SOFTWARE TO YOUR COMPUTER AND/OR DEVICE.

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, OONYX’S, OONYX’S LICENSORS' AND OONYX AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.  OONYX DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH OONYX AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

17. Indemnification

Upon OONYX’s and/or its licensors' request, you agree to defend, indemnify and hold harmless OONYX, its licensors and OONYX Affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from or relate to a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through OONYX Services.  Without limiting the generality of the foregoing, you agree to indemnify and hold OONYX and its licensors harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account.  You agree that you will be personally responsible for your use of OONYX Services and for all of your communication and activity on OONYX Services, including any Content you contribute, and that you will indemnify and hold harmless OONYX, OONYX’s licensors and OONYX Affiliates from any liability or damages arising from your conduct on OONYX Services, including any Content that you contribute.

OONYX and its licensors reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.  In that event, you shall have no further obligation to provide indemnification to OONYX and/or its licensors in that matter.  This Section shall survive termination of this Terms of Service. 

18. Links to Third-Party Sites

OONYX Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers.  Those sites may collect data or solicit personal information from you.  OONYX does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.

19. General Terms

A. Remedies.  You agree that this Terms of Service is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Terms of Service.  You also understand and agree that this Terms of Service, the OONYX Privacy Policy and the Supplemental Terms incorporated into this Terms of Service, including OONYX’s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.

B. Severability.  If any part of this Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of OONYX, and the remaining portions shall remain in full force and effect.

C. Waiver.  The failure of OONYX to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision.  Any waiver of any provision of this Terms of Service will be effective only if in a writing signed by OONYX.

D. Governing Law.  The laws of the Netherlands, excluding its conflicts-of-law rules, govern this Terms of Service and your Account(s); and (ii) to the extent applicable pursuant to Section 20, below, you expressly agree that exclusive jurisdiction for any claim or dispute with OONYX, arising out of or relating in any way to your Account(s) or your use of OONYX Services resides in the federal and state courts within the jurisdiction of the Netherlands District Court and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving OONYX or OONYX Affiliates, subsidiaries, contractors, vendors and content providers.  As noted above, your conduct may also be subject to other local, state, national, and international laws.

20. Entire Agreement

The Terms of Service (including the OONYX Privacy Policy and other Supplemental Terms incorporated by reference into this document) and any posted rules or instructions regarding a particular game, activity, contest, or sweepstakes constitute the entire agreement between you and OONYX relating to your rights and obligations in the use of OONYX Services.  If there is any conflict between the Terms of Service and any other rules or instructions posted on an OONYX Service, OONYX shall resolve the conflict in its sole discretion.

21. Supplemental Terms

Additional Terms and Conditions for Specific OONYX Services

Certain OONYX Services may require you to read and agree to terms and conditions that are specific to that OONYX Service.  Your right to use that OONYX Service is subject to those specific terms and this Terms of Service.  If there are any inconsistencies between the specific terms and these terms, OONYX will be the final and sole arbiter of any such inconsistencies.

Beta Tests

In its sole discretion, OONYX may contact you to review and evaluate one or more games, aspects of games, or online features prior to commercial release for the purpose of identifying program errors.  You will be asked to provide to OONYX (and to OONYX only) certain feedback and suggestions regarding your experiences while reviewing and evaluating the game(s) or site feature(s).  This process is known as a "Beta Test."  You must sign and return to OONYX a Pre-Release Software Confidentiality Agreement ("Confidentiality Agreement") for each specific Beta Test BEFORE you will be allowed to be a tester ("Tester") and BEFORE any software will be provided or made accessible to you.  Your participation as a Tester is subject to the Confidentiality Agreement and the following terms and conditions.

In connection with the Beta Test, OONYX may provide you, on a temporary basis, a pre-release copy of a game or access to a feature on the OONYX site.  You understand and agree that the pre-release copy and all other materials provided to you are confidential or proprietary information of OONYX.  You agree as a condition of participating in a Beta Test to (i) not copy or reproduce the pre-release copy and confidential or proprietary information, (ii) safeguard the pre-release copy and confidential and proprietary information and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the pre-release copy and confidential and proprietary information, and (iii) fully comply with the terms and conditions of the Confidentiality Agreement. 

You will carry out the testing personally and not provide access to pre-release materials to any other person.  You agree that breach of the above obligations will cause irreparable harm to OONYX, and OONYX is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations.  Your obligation to keep the beta games confidential will continue until OONYX publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.

Upon request, you agree to immediately return to OONYX all copies of the pre-release copy and confidential or proprietary information OONYX provided to you.

As a Tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors.  Nothing in these guidelines, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here.  The beta games are provided for testing on an "as is" and "as available" basis and we make no warranty to you of any kind, express or implied.

When playing some beta games, you may accumulate treasure, experience points, equipment, or other value or status indicators.  This data may be reset at any time during the testing process, and it may be reset when the particular game completes a testing phase.  In this case, all player history and data will be erased and each player will return to novice status.

By selecting a "Play" button to start a beta game, you agree that: (i) playing beta games is at your own risk and you know that the games may include known or unknown bugs, (ii) any value or status indicators that you achieve through game play may be erased at any time, (iii) OONYX has no obligation to make these games available for play without charge for any period of time, nor to make them available at all, (iv) these games may be available only by subscription once the Beta Test process is complete or at any time in the future; (v) OONYX’s Terms of Service apply to your use of the games during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person.

Beta Test accounts are non-transferable under any circumstances.

Adobe® Products

Adobe® Flash® Player. Copyright © 1996 - 2012. Adobe Systems Incorporated. All Rights Reserved. Patents pending in the United States and other countries. Adobe and Flash are either trademarks or registered trademarks in the United States and/or other countries.

Adobe® Shockwave® Player. Copyright © 1996 - 2012. Adobe Systems Incorporated. All Rights Reserved. Adobe and Shockwave are either trademarks or registered trademarks in the United States and/or other countries.

Adobe® AIR™. Copyright © 2007 - 2012. Adobe Systems Incorporated. All Rights Reserved.  Adobe and Adobe AIR are either trademarks or registered trademarks in the United States and/or other countries.

Last update: July 15, 2016

1.            Scope of Agreement. This Agreement (“Agreement”) governs your purchase and use of OONYX Points and any of our products and services through which you can purchase or use OONYX Points (“OONYX Services”). The Agreement is between you and OONYX Media.

In this Agreement, the term "you means you the customer; and the terms "OONYX", "we", "us" and "our" means OONYX Media. This Agreement supplements the OONYX Terms of Service that you accept when you set up an OONYX Account on our websites. The OONYX Terms of Service is incorporated here by reference. The OONYX Terms of Service can be found at the bottom of all OONYX hosted websites and by typing “terms.oonyxgames.com” in your browser. If there is an inconsistency between the OONYX Terms of Service and this Agreement, the terms of this Agreement will govern your purchase and use of OONYX Points. By selecting the “I Accept” checkbox below, you agree that your use of OONYX Points on The OONYX Shop, The OONYX Shop website and all related content is subject to this Agreement.

2.            Revised Terms. We may revise this Agreement at any time and the revisions will apply to all subsequent purchases of OONYX Points and the subsequent entitlements to content that you receive by using OONYX Points. When we revise this Agreement, we change the “Last Updated” date above. Each time you purchase OONYX Points you agree that you will review the terms of this Agreement. If you don’t agree to the changes, you should stop using OONYX Points Services.

3.            Game Registration. To use the OONYX Shop, you must have an OONYX Account

4.            OONYX Points License. OONYX Points can be purchased on The OONYX Shop. We may also award OONYX Points in connection with promotional events. By purchasing OONYX Points, you obtain a limited license to access and select from content that we expressly make available on The OONYX Shop (the "OONYX CONTENT"). OONYX Points have no monetary value and do not constitute currency or property of any type. OONYX Points may be redeemed for OONYX CONTENT on The OONYX Shop, or used on any affiliated partner site. OONYX Points cannot be sold or transferred, and cannot be exchanged for cash or for any other goods and services. OONYX Points are non-refundable. You are not entitled to a refund for any unused OONYX Points. Subject to the terms of this Agreement, your OONYX Points license is coextensive with your right to use an OONYX Account. The term of your OONYX Points license starts when you acquire OONYX Points and, subject to this Agreement, ends on the day that your OONYX Account is cancelled, suspended or terminated, or your OONYX Points expire as set forth in Sections 10, 13 and 14 of this Agreement.

5.            Purchase Process. To purchase OONYX Points, (i) follow the instructions on The OONYX Shop; (ii) sign into your OONYX Account (or create an OONYX Account and register your game if you have not done so); (iii) provide your billing information; and (iv) confirm the details of what you are purchasing and that you have read and accept this The OONYX Shop Digital Services Agreement. You will then receive a purchase confirmation email from us. You can add, delete, or edit your account details by selecting “My Account” or similar link on www.oonyxshop.com. Your submission of an order only constitutes an offer by you to purchase OONYX Points at the price and terms stated in the order. A copy of the records applicable to your order can be accessed through the confirmation email that you receive after your purchase.

6.            Pricing. The price payable by you (the "Price") is the price indicated on the purchase confirmation email that we send you. We reserve the right to change the Price and specifications shown in relation to any of our products or services. If the price or specification published on the applicable website for any products or services is materially incorrect when you place an order for those products or services, we will: (i) contact you by email with the correct price or specification; and (ii) ask you to confirm whether you would like to purchase the applicable products or services at the correct price or specification. If applicable, we will also state the period for which the offer or Price remains valid. If you choose not to complete your purchase at the corrected price or product specification, we will provide you with a full refund for any amounts already paid by you. Any and all refunds will be in the same currency as the transaction was made. OONYX is not liable for fluctuations in exchange rates or handling fees imposed by your payment provider.

7.            Payment and Taxes. You may pay for OONYX Points either by credit card or by using the services of any alternate billing and payment provider that we identify on The OONYX Shop. When you acquire OONYX Points you agree to pay all taxes that OONYX assesses on that transaction. Credit cards: If you pay for OONYX Points by credit card, then you must supply your credit card details when you place your order. Your credit card will be charged when we issue our purchase confirmation email. We will not supply any products or services to you until your credit card issuer has authorized the use of your card for payment. Alternate payment methods: If you elect to use the services of an alternate billing and payment provider, you will be bound by that provider’s terms & conditions, which are available from the provider. You may be required to create an account with the alternate provider, and to provide that provider with your bank account or credit or debit card details.

8.            Third Party Transaction Fees. You are responsible for all third party fees necessary to complete your transaction, including all credit card fees, handling charges, and other costs imposed by your payment provider. Costs associated with accessing The OONYX Shop and downloading content depends on your Internet Service Provider. Please see your Internet Service Provider's terms and conditions. If USD is not your national currency and the OONYX Points are priced in USD, this transaction will converted to your national currency by your payment provider at its then prevailing currency exchange rate. You payment provider may also charge you a handling fee for processing this currency exchange transaction.

9.            Performance of the Contract. OONYX Points are available to you immediately as soon as you complete your purchase. If you reside in the European Union and you purchase a product or service from OONYX, you have the right to withdraw from your purchase within fourteen calendar days, commencing on the day after the date of purchase (the "Cooling Off Period").You will lose your right of withdrawal if the performance of our services has begun before the end of the Cooling Off Period. Please note that if you purchase OONYX Points from us, the performance of our services begins immediately after your purchase is confirmed. This Agreement does not confer any rights or remedies upon any person other than the parties to this Agreement. You may also have additional rights under applicable law.

10.          Use and Expiration of OONYX Points. During the term of your license, you have the right to redeem OONYX Points for selected OONYX CONTENT. We do not guarantee that any particular item within OONYX CONTENT will be available at all times or at any given time. We do not guarantee that we will continue to offer particular items for any particular length of time. We reserve the right to change and update our inventory of OONYX CONTENT without notice to you. If your OONYX Account has a OONYX Points balance which has not changed for twenty-four (24) months or more, your OONYX Points will expire and your account may be cancelled for non-use. Once you have redeemed OONYX Points for OONYX CONTENT, that content is not returnable, exchangeable, or refundable for OONYX Points or for cash, or other goods or services.

11.          OONYX CONTENT. When you acquire OONYX CONTENT, you receive a limited license to use OONYX CONTENT for your personal non-commercial use. OONYX reserves all right, title and interest in OONYX CONTENT and all associated copyrights, trademarks, and other intellectual property rights therein. This License is limited to the intellectual property rights of OONYX in OONYX CONTENT and does not include any rights to other patents or intellectual property. You may not remove, alter, or obscure any identification, copyright, or other intellectual property notices in OONYX CONTENT.

12.          OONYX Points Availability. OONYX Points may only be held in OONYX Accounts belonging to legal residents of countries where access to and use of OONYX Services is permitted. OONYX Points may be purchased or acquired only from OONYX through the means we provide on our website(s) or otherwise expressly authorize. OONYX reserves the right to refuse your request(s) to acquire OONYX Points, and OONYX reserves the right to limit or block any request to acquire OONYX Points for any reason.

13.          Cancellation and Suspension. We can cancel or suspend your access to OONYX Points, OONYX Services or your OONYX Account, in our sole discretion and without prior notice, if (a) you fail to comply with this Agreement or our Terms of Service; or (b) if we otherwise suspect fraud or misuse of OONYX Services, or any other unlawful activity associated with an OONYX Account membership registered to or used by you.

14.          Termination of Services. You agree that OONYX may stop making OONYX Points and OONYX Services, or any feature thereof, available, at any time, without any liability to you. If we stop supporting The OONYX Services, we will provide at least thirty (30) days advance notice to you by posting a notice on The Sims 3 website.

15.          Disclaimer of Warranties. THE OONYX ONLINE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. OONYX MAKES NO WARRANTIES WITH RESPECT TO THE OONYX SERVICES, OONYX CONTENT OR OONYX POINTS. TO THE EXTENT PERMITTED BY LAW, OONYX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT. OONYX DOES NOT WARRANT THAT THE FUNCTIONALITY OR OPERATION OF THE OONYX ONLINE SERVICES, OONYX ACCOUNTS OR SUPPORTING SYSTEMS AND WEBSITES (COLLECTIVELY, “OONYX SERVICES”) WILL BE UNINTERRUPTED OR FREE FROM ERROR, THAT ANY DEFECTS IN THE OONYX SERVICES WILL BE CORRECTED, OR THAT THE OONYX SERVICES OR THE SERVERS THAT MAKE THOSE OONYX SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

16.          Limitation of Liability. OONYX SHALL HAVE NO LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES) IN ANY WAY ARISING FROM THE FUNCTIONALITY OR OPERATION (OR FAILURE TO FUNCTION OR OPERATE) OF THE OONYX SERVICES, THE OONYX POINTS, OR OONYX CONTENT EVEN IF OONYX IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OONYX’S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR OONYX POINTS. NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED IN THIS AGREEMENT LIMITS OONYX’S LIABILITY TO YOU FOR FRAUDULENT MISREPRESENTATIONS, DEATH OR PERSONAL INJURY CAUSED BY OONYX’S NEGLIGENCE, OR ANY OTHER LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

17.          Reservation of Rights. OONYX reserves the right to take all legal and technical steps available, including pursuing civil remedies and criminal prosecution, for any violation of this Agreement or our Terms of Service. Our failure to enforce this Agreement or the Terms of Service in every instance in which we are entitled does not amount to a waiver of OONYX’s rights.

18.          Electronic Contracting. You acknowledge and agree that by clicking the ‘purchase’ (or similar) button when you place your order, you are placing a legally binding offer. You consent to: (i) the use of electronic communications to enter into contracts and place orders with us; and (ii) the electronic delivery of notices, policies and records of transactions initiated or completed by you online. You have the right to withdraw this consent, but if you do, we may cancel your access to our products and services. If you do not consent to receive any notices electronically, you must stop using The OONYX Services. As long as you place orders with us online, you agree that you will have access to the necessary software and hardware to receive electronic records from us in connection with transactions initiated or completed by you online.

End User License Agreement (EULA)

 
Limited Software Warranty; License Agreement, and Information Use Disclosures 

This document may be updated from time to time and the current version will be posted at http://www.oonyxgames.com/support/legal-stuff/eula. Your continued use of this Software 30 days after a revised version has been posted constitutes acceptance by you of its terms.

THIS SOFTWARE IS LICENSED, NOT SOLD. BY INSTALLING, COPYING OR OTHERWISE USING THIS SOFTWARE (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT (THE "AGREEMENT") AND THE TERMS SET FORTH BELOW. THE "SOFTWARE" INCLUDES ALL SOFTWARE INCLUDED WITH THIS AGREEMENT, THE ACCOMPANYING MANUAL(S), PACKAGING AND OTHER WRITTEN, FILES, ELECTRONIC OR ON-LINE MATERIALS OR DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND ITS MATERIALS. BY OPENING THE SOFTWARE, INSTALLING, AND/OR USING THE SOFTWARE AND ANY OTHER MATERIALS INCLUDED WITH THE SOFTWARE, YOU HEREBY ACCEPT THE TERMS OF THIS AGREEMENT WITH OONYX MEDIA. ("LICENSOR"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE THE SOFTWARE.

I. LICENSE

LICENSE. Subject to this Agreement and its terms and conditions, Licensor hereby grants you the nonexclusive, non-transferable, limited right and license to use one copy of the Software for your personal non-commercial use for gameplay on a single computer or gaming unit, unless otherwise specified in the Software documentation. Your acquired rights are subject to your compliance with this Agreement. The term of your license under this Agreement shall commence on the date that you install or otherwise use the Software and ends on the earlier date of either your disposal of the Software or Licensor’s termination of this Agreement. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this Agreement should not be construed as a sale of any rights in the Software. All rights not specifically granted under this Agreement are reserved by Licensor and, as applicable, its licensors.

OWNERSHIP. Licensor retains all right, title and interest to the Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. The Software is protected by United States copyright and trademark law and applicable laws and treaties throughout the world. The Software may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Licensor. Any persons copying, reproducing or distributing all or any portion of the Software in any manner or medium, will be willfully violating the copyright laws and may be subject to civil and criminal penalties in the US or their local country. Be advised that US Copyright violations are subject to statutory penalties of up to $150,000 per violation. The Software contains certain licensed materials and Licensor’s licensors may also protect their rights in the event of any violation of this Agreement. All rights not expressly granted to you herein are reserved by the Licensor.

LICENSE CONDITIONS.

You agree not to:

Commercially exploit the Software;

Distribute, lease, license, sell, rent or otherwise transfer or assign the Software, or any copies of the Software, without the express prior written consent of Licensor or as set forth in this Agreement;

Make a copy of the Software or any part thereof (other than as set forth herein);

Making a copy of this Software available on a network for use or download by multiple users;

Except as otherwise specifically provided by the Software or this Agreement, use or install the Software (or permit others to do same) on a network, for on-line use, or on more than one computer or gaming unit at the same time;

Copy the Software onto a hard drive or other storage device in order to bypass the requirement to run the Software from the included CD-ROM or DVD-ROM (this prohibition does not apply to copies in whole or in part that may be made by the Software itself during installation in order to run more efficiently);

use or copy the Software at a computer gaming center or any other location-based site; provided, that Licensor may offer you a separate site license agreement to make the Software available for commercial use;.

Reverse engineer, decompile, disassemble, prepare derivative works based on or otherwise modify the Software, in whole or in part;

Remove or modify any proprietary notices, marks or labels contained on or within the Software; and

transport, export or re-export (directly or indirectly) into any country forbidden to receive such Software by any U.S. export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time.

ACCESS TO SPECIAL FEATURES AND/OR SERVICES, INCLUDING DIGITAL COPIES. Software download, redemption of a unique serial code, registration of the Software, membership in a third-party services and/or membership in a Licensor service (including acceptance of related terms and policies), may be required to access digital copies of the Software or certain un-lockable , downloadable, online or other special content, services, and/or functions (collectively, the “Special Features”). Access to Special Features is limited to a single user account per serial code and access to Special Features cannot be transferred, sold, or re-registered by another user unless otherwise specified. The provisions of this paragraph supersede any other term in this Agreement.

TRANSFER OF PRE-RECORDED COPIES. You may transfer the entire physical copy of pre-recorded Software and accompanying documentation on a permanent basis to another person as long as you retain no copies (including archival or backup copies) of the Software, accompanying documentation, or any portion or component of the Software or accompanying documentation, and the recipient agrees to the terms of this Agreement. Special Features, including content otherwise unavailable without a single-use serial code, are not transferrable to another person under any circumstances and Special Features may cease functioning if the original installation copy of the software is deleted or the pre-recorded copy is unavailable to the user. The Software is intended for private use only. NOTWITHSTANDING THE FOREGOING, YOU MAY NOT TRANSFER ANY PRE-RELEASE COPIES OF THE SOFTWARE.

TECHNICAL PROTECTIONS. The Software may include measures to control access to the Software, control access to certain features or content, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. If the Software permits access to Special Features, only one copy of the Software may access those features at one time. Additional terms and registration may be required to access online services and to download Software updates and patches. Only Software subject to a valid license can be used to access online services, including downloading updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Software will not function properly.

USER CREATED CONTENT: The Software may allow you to create content, including but not limited to a gameplay map, a scenario, screenshot of a car design or a video of your game play. In exchange for use of the Software, and to the extent that your contributions through use of the Software give rise to any copyright interest, you hereby grant Licensor an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Software and related goods and services, including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Licensor’s and other players’ use and enjoyment of such assets in connection with the Software and related goods and services under applicable law. This license grant to Licensor, and the above waiver of any applicable moral rights, survives any termination of this License.

INTERNET CONNECTION. The Software may require an internet connection to access internet-based features, authenticate the Software, or perform other functions. In order for certain features of the Software to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service as set forth in the Software documentation, including but not limited to third-party gaming platform, Licensor or a Licensor affiliate. If you do not maintain such accounts, then certain features of the Software may not operate or may cease to function properly, either in whole or in part.

II. INFORMATION COLLECTION & USAGE.

By installing and using this software, you consent to these information collection and usage terms, including (where applicable) transfer of data to Licensor and affiliated companies into a country outside of the European Union and the European Economic Area. If you connect to the Internet when using the Software, either through a gaming platform network, or any other method, Licensor may receive information from hardware manufacturers or gaming platform hosts and may automatically collect certain information from your computer or gaming unit. This information may include, but is not limited to, user IDs (such as gamer tags and screen names), game scores, game achievements, game performance, locations visited, buddylists, hardware MAC address, internet protocol address, and your usage of various game features. All information collected by Licensor is intended to be anonymous information that does not disclose your identity or constitute personal information, however, if you include personal information (such as your real name) in your user ID, then such personal information will automatically be transmitted to Licensor and used as described herein.

The information collected by Licensor may be posted by Licensor on publicly-accessible web sites, shared with hardware manufacturers, shared with platform hosts, shared with Licensor’s marketing partners or used by Licensor for any other lawful purpose. By using this Software you consent to the Licensor’s use of related data, including public display of your data such as identification of your user created content or displaying your scores, ranking, achievements and other gameplay data. If you do not want your information shared in this manner, then you should not use the Software.

III. WARRANTY

LIMITED WARRANTY: Licensor warrants to you (if you are the initial and original purchaser of the Software) that the original storage medium holding the Software is free from defects in material and workmanship under normal use and service for 90 days from the date of purchase. Licensor warrants to you that this Software is compatible with a personal computer meeting the minimum system requirements listed in the Software documentation or that it has been certified by the gaming unit producer as compatible with the gaming unit for which it has been published, however, due to variations in hardware, software, internet connections and individual usage, Licensor does not warrant the performance of this Software on your specific computer or gaming unit. Licensor does not warrant against interference with your enjoyment of the Software; that the Software will meet your requirements; that operation of the Software will be uninterrupted or error-free, or that the Software will be compatible with third party software or hardware or that any errors in the Software will be corrected. No oral or written advice provided by Licensor or any authorized representative shall create a warranty. Because some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, some or all of the above exclusions and limitations may not apply to you.

If for any reason you find a defect in the storage medium or Software during the warranty period, Licensor agrees to replace, free of charge, any Software discovered to be defective within the warranty period as long as the Software is currently being manufactured by Licensor. If the Software is no longer available, Licensor retains the right to substitute a similar piece of Software of equal or greater value. This warranty is limited to the storage medium and the Software as originally provided by Licensor and is not applicable to normal wear and tear. This warranty shall not be applicable and shall be void if the defect has arisen through abuse, mistreatment, or neglect. Any implied warranties prescribed by statute are expressly limited to the 90-day period described above.

Except as set forth above, this warranty is in lieu of all other warranties, whether oral or written, express or implied, including any other warranty of merchantability, fitness for a particular purpose or non-infringement, and no other representations or warranties of any kind shall be binding on Licensor.

When returning the Software subject to the limited warranty above, please send the original Software only to the Licensor address specified below and include: your name and return address; a photocopy of your dated sales receipt; and a brief note describing the defect and the system on which you are running the Software.

IN NO EVENT WILL LICENSOR BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWAWRE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE SOFTWARE.

BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS WARRANTY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

TERMINATION: This Agreement is effective until terminated by you, by the Licensor, or automatically upon your failure to comply with its terms and conditions. Upon any termination, you must destroy or return the physical copy of Software to the Licensor, as well as permanently destroy all copies of the Software, accompanying documentation, associated materials, and all of its component parts in your possession or control including from any client server or computer on which it has been installed.

U.S. GOVERNMENT RESTRICTED RIGHTS: The Software and documentation have been developed entirely at private expense and are provided as "Commercial Computer Software" or "restricted computer software." Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Date and Computer Software clauses in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable. The Contractor/ Manufacturer is the Licensor at the location listed below.

EQUITABLE REMEDIES: You hereby agree that if the terms of this Agreement are not specifically enforced, Licensor will be irreparably damaged, and therefore you agree that Licensor shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of this Agreement, in addition to any other available remedies.

INDEMNITY: You agree to indemnify, defend and hold Licensor, its partners, licensors, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Software pursuant to the terms of the Agreement.

MISCELLANEOUS: This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected.

GOVERNING LAW. This Agreement shall be construed (without regard to conflicts or choice of law principles) under the laws of the Netherlands. Unless expressly waived by Licensor in writing for the particular instance or contrary to local law, the sole and exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Licensor’s principal corporate place of business (Amsterdam, The Netherlands). Both parties consent to the jurisdiction of such courts and agree that process may be served in the manner provided herein for giving of notices or otherwise as allowed by Dutch federal law. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute or transaction arising out of this Agreement.