1.1 You may be suggested to create your personal account at https://babka.com/ (“Babka Account” or “Account”). You agree that the information that you provide to us will be true, accurate, current and complete. Without limiting any other terms of this Agreement, you may not use false identities or impersonate any other person or use a username (or nickname) or password that you are not authorized to use. You may never use another User's account. You are solely responsible for maintaining the confidentiality of your Account, username and password and for all activities associated with or occurring under your Account. You represent and warrant that your Account information will be accurate at all times. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of your use of your Account. You agree to comply with all and any local, national and international laws, rules and regulations (hereinafter "Applicable Law") regarding online conduct and the transmission of information on the Internet and governing the parties’ respective rights, duties, and obligations hereunder, as applicable.
1.2 You may not transfer your Account to any other person and you may not use anyone else's account at any time without the permission of the account holder.
1.3 You agree to never use your Account to:
2.1 "Software" means the software, applications, Content, games or other digital materials which the respective Software Developer or publisher has authorized Xsolla to offer Customers for purchase.
2.2 "Content" means text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code and all audio, visual or other material. Content also includes User generated Content contributed by Users and (or) owned by Xsolla or Software Developers, or licensed to Xsolla.
2.3 "Software Developer" the content and/or software developer and/or publisher who has authorized Xsolla to offer the Software and/or Content to Customers for purchase.
2.4 The Software is licensed, not sold. Words "sell", "sale" or "buy", "purchase" are solely related to the transfer of license rights in the Software in accordance with this Agreement. Customers do not acquire ownership of the Software, but only the right to use it in accordance with the present Agreement.
2.5 The license to the Software is held by and granted to you by Xsolla. The legal entity acting as a merchant in each particular case is stated in your purchase confirmation or if you are a citizen of European Union country the legal entity acting as a merchant is stated in Section 16 hereunder. Xsolla grants, and you accept, a limited, non-transferable, non-sublicensable, revocable, terminable, non-exclusive license, including the right to install and use the Software for your personal, non-commercial use, provided you comply with all the terms and conditions of this Agreement. The Software is delivered to you via Internet downloads only. This license does not give you any ownership rights in the Software. Any rights you do acquire in the aforementioned will forever be owned by and inure to the benefit of Xsolla and (or) its licensors.
2.6 Please note that any use of the Software, except in cases of payment procedures (including fraud), is regulated by the agreement between you and Software developers. For example, Xsolla is not responsible for any missing in-game items or changes in the plot of a game or any bugs that may occur.
3.1 We do not guarantee that any Software will be available at all times, in all locations, or at any given time or that we will continue to offer a particular Software for any particular length of time. Xsolla does not guarantee that the Software can be accessed on all devices, by means of a specific Internet or connection provider, or in all geographic locations.
3.2 The Software may from time to time automatically download and install updates from Xsolla or Software Developers. These updates are designed to improve, enhance or further develop the Software and may take the form of bug fixes, enhanced features, new software modules or completely new versions. These updates or "resets" may cause you setbacks within the relevant game world and may affect characters, games, groups or other Content under your control. You agree to receive such updates and permit Xsolla or Software Developers to deliver these to you under the terms of the license granted herein.
4.1 "Intellectual Property Rights" means all functional and ornamental aspects of the Software, including any screen displays, technical notes, computer program code, scripts, training materials and works of authorship that may form a part of the Software, all training methods and materials, all trademarks and names of Xsolla and Software Developers, and all other proprietary information of Xsolla and Software Developers, including patents, patent applications, patentable subject matters developed by Xsolla and Software Developers, trade secrets (including data, programming code, etc.), trademarks, copyrights and all other intellectual property rights therein.
4.2 Your license confers no title or ownership rights in the Software. Except for the limited license granted herein, all title, ownership and Intellectual Property Rights in and to the Software and any and all copies thereof shall remain the sole and exclusive property of Xsolla and/or Software Developers, as applicable. All rights are reserved, except as expressly stated herein. The Software is protected by copyright laws, international copyright treaties and conventions and other Applicable Laws.
4.3 Xsolla reserves any and all rights not expressly granted to you in this Agreement. You agree to refrain from any action that would diminish such rights or would call them into question.
5.1 Except as otherwise permitted under this Agreement, or under Applicable Law notwithstanding these restrictions, you may not copy, photocopy, reproduce, publish, distribute, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from the Software, in whole or in part, without the prior written consent of Xsolla. 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 U.S. or their country of residence.
5.2 You agree to follow the agreement terms provided by the Software developer regarding the applicable Software. Please note that by purchasing the Software you agree to comply both with Xsolla Legal Agreements and the Software developers legal agreements as well.
5.3 Xsolla reserves the right to terminate your license to the Software for violation of the license restrictions set forth in this Section 5.
6.3 Remember that you have a right to withdraw your consent to our processing of your personal information, where that processing is based on your consent, at any time. To exercise this right, contact us at email@example.com.
7.1 Payment for the Software. Xsolla uses third-party payment providers to authenticate payments when you purchase the Software. Please read the terms and conditions and privacy policies of applicable third-party partners to understand their terms and conditions.
(i) To download the Software, Xsolla requires Users to enter a valid debit/credit card or other payment method that is accepted by Xsolla in its sole discretion.
(ii) You claim and warrant that your use of a debit/credit card or other payment method is authorized and that all information that you submit to Xsolla or its third-party payment processor is true and accurate; you agree to pay all fees you incur. Xsolla is not liable for damages of any kind arising from your submission of any information that is deemed to be untrue or is inaccurate.
(iii) Notwithstanding the foregoing, Xsolla has the right to refuse any payment in its sole discretion without giving an explanation.
7.2 Pricing. Your purchase price will include the price of the Software plus any applicable taxes in effect at the time of purchase and based on the country data you provide on the download page. Xsolla reserves the right to change Software prices and availability at any time. The final cost of the Software is determined depending on the payment method and will be brought to your attention after a payment method is chosen and will be included in the Customer sales receipt.
(i) If your purchase is subject to any type of use or sales tax, then Xsolla may also charge you for those taxes, and you agree to pay all the fees you incur and taxes if applicable. The European Union VAT ("VAT") tax amounts collected by Xsolla reflect the VAT due on the value of any Software.
(ii) You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on game content, to purchase at pricing not applicable to your geography, or for any other purpose. If you do this, we may terminate your access to purchased Software.
(iii) A failure on Xsolla’s part to invoice you for any applicable 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.
(iv) Minimum and maximum limits of payment may be applied at the discretion of Xsolla. Generally, payments are limited to $150 per single purchase and $1000 in a 24-hour period for each User. However, Xsolla reserves the right to modify these amounts based on its experience with a particular User and other considerations (purchase algorithms) that Xsolla applies to purchases.
7.3 Currency conversion. In case you pay for the Software in a currency different from that of the payment method you have chosen or in case when the Software may be purchased by using a specific list of currencies, we may allow you to convert the amount owed to another currency. If the currency conversion takes place, you agree that it will be completed at the transaction exchange rate set for the relevant currency exchange. The transaction exchange rate is adjusted regularly and includes a currency conversion spread applied and retained by payment system providers on the base exchange rate to form the rate applicable to your conversion.
7.4 Subscriptions. If you have subscribed to any Software subscription plan (hereinafter "Subscription") and provided Xsolla with your payment information, you authorize us to charge you a periodical fee at the then-current subscription rate you have selected. You acknowledge that the Subscription terms and rates for each available plan are subject to change, and you agree to pay the applicable subscription rate unless you cancel the subscription, as described in this section.
(i) We have the right to change your payment method and the date on which your billing cycle occurs. An example of when we may do so is if we cannot successfully settle your Account with the original payment method you provided. You are responsible for all charges to your Account, including any unpaid charges that occurred prior to the date you cancel your Account.
(ii) You may change or cancel your Subscription at any time by contacting Xsolla Customer Support at https://help.xsolla.com. To prevent being charged for a Subscription for a given calendar month, you must cancel your subscription at least one (1) day prior to the next upcoming Subscription distribution. PAYMENTS ARE NONREFUNDABLE, AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIODS.
8.1 All Software download charges incurred are payable in advance and are not refundable in whole or in part, regardless of the payment method, except as expressly set forth in this Agreement and the applicable Refund Policy.
8.2 If you are a User residing in the European Union or otherwise subject to the protection of its Applicable Law, you have the right to cancel your Software license transaction under this Agreement without charge and without giving any reason until you commence the download of the Software. You do not have the right to cancel a transaction or obtain a refund once the Software download has commenced, at which point your transaction is final.
8.3 However, if you request the Software to be delivered or made available for download to you before the expiry of any applicable cancellation period, you acknowledge that you will lose your right to change your mind and request a refund once the first Software has been made available to you as part of your selected Software.
8.4 Xsolla reserves the right to refuse to accept payment from any User and for any transaction if it suspects, in its sole discretion, fraudulent activity or foul play.
9.1 Upon entering of this Agreement, you represent to Xsolla that:
If you are aged between the relevant minimum age and 18 (or the age of majority where you live), you and your parent or guardian must review this Agreement together. Parents and guardians are responsible for the acts of children under 18 years of age using Xsolla.
10.1 Xsolla will display to you the information on any applicable ratings in each territory of sale that have been obtained by the respective Software developer from relevant rating or government authorities (including, without limitation, The Entertainment Software Rating Board) and/or assigned by Software developer in respect of the Software as provided by the Software developer and any other similar information required by the laws and rules applicable to each territory of sale. Xsolla does not accept responsibility for: (a) failure to place ratings if such ratings have not been provided by Software Developer; (b) or for placing the wrong ratings if such wrong ratings were provided by Software Developer.
10.2 If applicable, Xsolla will display to you a statement on Xsolla’s checkout page to the effect that if you attempt to download any of the Software outside the territory of sale, the Software likely will not launch in a functional form.
11.1 You can purchase the Software such as a) pre-order, b) subscription, c) access to a game (via a key or registered game account), d) in-game currency, e) in-game item, f) premium account, g) NFT Content.
11.2 Pre-orders. A pre-order is a purchase of a product which will be delivered at a later time, as the product is still in the process of being developed. The pre-order stage is defined by the lack of access to playable content. As soon as the playable/usable content is provided, the product is redefined as "access to the game".
IMPORTANT. Any announcements, statements or promises made by the Software developer in regard to the Software, including but not limited to its contents, release date, accessibility, are in the developer’s sole responsibility. You should be aware of the possible risk that the Software developer may eventually fail to deliver the Software in good quality or in time or may otherwise be unable to satisfy your expectations. All claims and refund requests in such cases are to be filed to the Software developer directly.
11.3 Subscriptions. A subscription is a Software received on a recurring basis (monthly, quarterly, yearly, etc.). As long as the subscription is paid for, the product is available to the Customer. The Customer can manage the subscription in order to cancel or activate it.
11.4 Access to a Game. An access to a game is a purchase of the game where access is granted upon payment. The access can be granted via different means such as an activation key, a link to the launcher in the game account, an automatic activation of the account, etc. Different types of access can be sold. As a rule, an access is indefinite and does not expire. However, the game may offer other in-game purchases such as currency, items, subscriptions, etc.
11.5 In-Game Currency and In-Game Items. The Software may enable Customers to (i) use a fictional virtual currency as a medium of exchange exclusively within the Software ("in-game currency") and (ii) gain access to (and certain limited rights to use) virtual goods within the Software ("in-game goods"). In-game currency and in-game items (together "Virtual Items") are pieces of a software code processed on an electronic computing machine as in-game objects that the Customer acquires while performing certain actions within the Game or for a fee. Virtual Items can exclusively be used within the Software; they shall be deemed an integral part of the Software and shall be subject to the license granted to the Customer herein. Virtual Items have no real value and cannot be exchanged for non-game ("real") currency or non-game ("real") property.
(i) Any in-game currency balance shown in your Account does not entitle you to its exchange value in US Dollars or any other real currency, unless stated otherwise. Any trading of Virtual Items that you undertake within the Software or on an independent Virtual Currency exchange, if it is permitted by Xsolla and (or) its licensor, is at your sole option, discretion and risk.
(ii) Your purchase of Virtual Items is final and not refundable. Subject to compliance with the Applicable Law, you acknowledge that Xsolla is not required to provide a refund for in-game currency or in-game items for any reason other than those indicated in the Refund Policy, and that you will not receive money or other compensation for unused Virtual Items, whether the termination of this Agreement or your loss of license hereunder was voluntary or involuntary.
(iii) The prices and availability of Virtual Items are subject to the terms of Software Developer and not Xsolla's responsibility.
(iv) To the extent Top-Up and (or) Payout services are available to End-User, End-User agrees to comply with any and all Top-Up and (or) Payout limitations set forth in Xsolla’s and (or) its Partner’s, Terms of Service.
11.6 Premium Account. A premium account is a one-time or recurring purchase of certain in-game features. A premium account may include but is not limited to special items, in-game currency, special avatars, boosters, access to restricted features, etc. Usually several types of products are included in one purchase.
11.7 NFT Content. We also may offer you NFT Content subject to NFT Terms, which is deemed as part of the Agreement to the extent that it does not conflict with it. Please note that the Software that perhaps can be activated by you into the NFT Content (according to game mechanics) is not the same as an NFT Content. When the in-game Software has an option to be activated into the NFT Content, until this conversion takes place the item you purchased is deemed as the Software under this EULA and the NFT Terms do not apply.
12.1 The Software may include links to third-party services, and/or third-party services may be made available to you via the Software. These services are subject to respective third-party terms and conditions. Please review these third-party terms and conditions carefully as they constitute an agreement between you and the applicable third-party service provider.
12.2 We don’t control Third-Party Services, and we are not liable for Third-Party Services or for any transaction you may enter into with them, or for what they do. When using Third-Party Services, your security is your responsibility.
13.1 Disclaimer of Warranties. THE SOFTWARE IS PROVIDED TO THE LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER THE APPLICABLE LAW, XSOLLA, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, XSOLLA PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
13.2 Your Expectations. Please note that, unless Xsolla is the developer of the Software, we cannot affect the Software’s quality or guarantee that it will meet any of your expectations. The Software is provided "as is" and on an "as available" basis without a warranty or condition of any kind.
(i) When making your decision to purchase a pre-order of a video game, please be aware that the Software Developer, and not Xsolla, is solely responsible to complete the development of the Software and to provide you with an operable version of the Software.
(ii) Any announcements, statements, and promises made by the Software Developer in regard to the Software, including but not limited to its contents, release date or accessibility, are the Software Developer’s sole responsibility. You should be aware of the possible risk that the Software Developer may eventually fail to deliver the Software in good quality or in time or may otherwise be unable to satisfy your expectations. All claims and refund requests in such cases are to be filed to the Software Developer directly (as defined below in Section 14).
14.1 In no event shall Xsolla, its affiliates, its licensor(s) and each of our and their respective officers, directors, employees or agents, be liable to you or to any third party: (i) for any personal injury, property damage, lost profits or lost data or special, incidental, indirect, punitive or consequential damages (however arising, including negligence) arising out of or in any way connected to Xsolla, even if Xsolla has been advised of the possibility of such damages or loss or in the event of Xsolla or its affiliates’ fault, tort (including negligence), strict liability, breach of contract or breach of Xsolla’s warranty; (ii) for any misrepresentation or fraud with respect to any Software; (iii) for any loss or damages caused to any Software as a result of any action or omission of a developer; or (iv) for any amount in excess of US $150. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. You also may have other legal rights that vary from jurisdiction to jurisdiction. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE RECOMPENSE.
14.2 You acknowledge that the Software and its use is the sole responsibility of the Software Developer.
14.3 Software Developer is solely responsible for providing support and maintenance for the Software.
14.4 You acknowledge that Software Developer and not Xsolla are responsible for addressing any claims you may have relating to the Software or use of such Software including but not limited to: (a) product liability claims; (b) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
14.5 In the event of a third party claim that the Software or your possession and use of such Software infringes third party Intellectual Property Rights, Software Developer shall be solely responsible for the investigation, defence, settlement and discharge of any such Intellectual Property Right infringement claim, not Xsolla.
You agree to indemnify, defend and hold harmless Xsolla, its parent, subsidiaries, affiliates and their respective directors, officers, employees, shareholders, licensors, partners, contractors or agents from and against any and all loss, claim, damage, cost, liability and expense (including attorney’s fees and costs and auditor’s fees) arising from or relating to your use or misuse of the Software or your breach of this Agreement, or arising out of a claim by any other User, developer or any other third party related to any action or omission by you.
A. Governing Law. This Agreement and its interpretation, and any disputes that arise hereunder, shall be governed in all respects by the laws of the State of California, USA, without giving effect to any principles that may provide for the application of the law of another jurisdiction. Your national law may explicitly give you rights and obligations to resolve disputes in a manner different from the one indicated below. In this case, your national law applies. The U. N. Convention on Contracts for the International Sale of Goods is hereby expressly disclaimed.
(i) If you are a citizen of any European Union country and you use one of the following payment methods to purchase Software: credit/debit card, Paysafecard, Sofort, Amazon Pay, Nordea Bank, Sparkasse Bank, Trustly, Osuuspankki, Swedbank, SEB, Instant bank, Česká spořitelna, Handelsbanken, Komerční banka, Bank Transfers, FIO Banka, Slovenská sporiteľňa, Tatra Banka, CSOB, Przelewy24, Neosurf, AirBank,Moneta, Citadele, mBank (if you are a citizen of Czech Republic), VÚB a.s., ERA, Aktia, DnB Nord, UniCredit, Equa, Siauliu bank, Dotpay, Płacę z CitiHandlowy, TrustPay, Santander, Teleingreso, Poštová banka, Poczta Polska, or if you are not a citizen of any European Union country, but Suraway Ltd. is stated as a merchant in your purchase confirmation, then (i) this Agreement is between you and Suraway Ltd., a company registered in the Cyprus Registry with the company registration number HE 314134 and with its office at Arch. Makariou III, 155, Proteas House, 5th floor, 3026, Limassol, Cyprus, email: firstname.lastname@example.org, telephone: +1 (818) 435-6613; (ii) the laws of your country of residence govern the process of dispute resolution under this Agreement and your use of the Software; and (iii) you expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts of your country of residence and you have other rights to take legal action or to exercise another legal remedy.
(ii) If you are a citizen of any European Union country and you use one of the following payment methods to purchase a Software: PayPal, iDEAL, BLIK, Apple Pay, Bancontact, ING Bank, Rabobank, MultiBanco, BitPay, BOKU Mobile Commerce, EPS, ABN AMRO Bank, Giropay, Płacę z iPKO, Mobile payments, Skrill, Bancontact Mister Cash, Płać z ING, Google Pay, Bank PEKAO S.A., Pay by Bank app, SNS Bank, RAZER, Barzahlen, Onebip, Mobuy, mBank (if you are a citizen of Poland), BOKU SMS, Płacę z Inteligo, ASN Bank, MultiGameCard, MTCEPIN, Cashbill, or if you are not a citizen of any European Union country but Xsolla (USA), Inc. is stated as a merchant in your purchase confirmation, then (i) this Agreement is between you and Xsolla (USA), Inc., a company registered in the USA, State of California with the company registration number C3140351 and with the office at 15260 Ventura Boulevard, Suite 2230, Sherman Oaks, California, 91403 USA, email: email@example.com, telephone: +1 (818) 435-6613; (ii) the laws of the State of California, excluding its conflicts-of-law rules, govern this Agreement and your use of the Software; and (iii) you expressly agree that for claims and disputes not subject to the arbitration agreement below, the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be determined by final and binding arbitration in Los Angeles, California, before a single arbitrator. You and Xsolla agree to submit to the personal jurisdiction of that court in order to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The arbitration shall be resolved by the arbitration of one arbitrator ("Arbitrator") in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association, Applicable Law and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website at www.adr.org, and the provisions of this Agreement. Any election to arbitrate by one party shall be final and binding on the other. The place of arbitration shall be Los Angeles, California, USA. The cost of any arbitration shall be shared equally by the parties but the Arbitrator shall be authorized to enter, as part of the award to a party, an amount equal to reasonable attorneys’ fees and other costs related to the arbitration, and, where appropriate, limited by the AAA Consumer Rules. The Arbitrator may award equitable relief. The Arbitrator’s decision(s) shall be final and conclusively binding on the Parties, and judgment upon such award may be entered in any court of competent jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone or online. The Arbitrator shall make a decision in writing and shall provide a statement of reasons if requested by either party. The Arbitrator must follow the Applicable Law, and any award may be challenged if the Arbitrator fails to do so. YOU AND XSOLLA AGREE THAT EACH ONLY MAY BRING CLAIMS AGAINST THE OTHER IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The Arbitrator shall not consolidate another person’s claims with your claims and shall not preside over any type of representative or class proceeding. The Arbitrator may only award declaratory or injunctive relief in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific subsection is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void.
(iii) If Xsolla LLC is stated as a merchant in your purchase confirmation, (i) this Agreement is between you and Xsolla LLC, a company registered in the Russian Federation with company registration number 1115902006670, with the office at 614000, Russia, Perm, Komsomolsky prospect, 1, 6th floor, office 3, email: firstname.lastname@example.org, telephone: +1 (818) 435-6613; (ii) the laws of the Russian Federation, excluding its conflicts-of-law rules, govern this Agreement and your purchase of the Software; and (iii) you expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the Perm Arbitration Court or Perm court of general jurisdiction at Xsolla LLC place of business in cases when Applicable Law expressly grants you the right to choose another court.
(iv) If Xsolla Berlin GmbH is stated as a merchant in your purchase confirmation, (i) this Agreement is between you and Xsolla Berlin GmbH, a company registered in the Germany, with company registration number HRB 209689, with the office at c/o Mindspace, Krausenstrasse 9 - 10, 10117 Berlin Germany, email: email@example.com, telephone: +1 (818) 435-6613; (ii) the laws of your country of residence govern the process of dispute resolution under this Agreement and your use of the Software; and (iii) you expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts of your country of residence and you have other rights to take legal action or to exercise another legal remedy.
B. Limitation of Time to File Claims. Any cause of action or claim you may have arising out of or relating to this Agreement or the Software must be commenced within one (1) year after the cause of action accrues; otherwise such cause of action or claim is permanently barred.
C. Disputes. Most User concerns can be resolved by use of our Xsolla support site at https://help.xsolla.com. If we are unable to resolve your concerns and a dispute remains between you and Xsolla, this section explains how we agree to resolve it.
(i) A party that intends to seek arbitration must first send a written notice to Xsolla of its intent to arbitrate ("Notice"). The Notice to Xsolla should be sent by any of the following means: (i) via electronic mail to firstname.lastname@example.org; or (ii) by sending the Notice by certified mail to the appropriate Xsolla legal entity according to Section 16 (A) above. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Xsolla may commence an arbitration proceeding.
D. Term and Termination.
(i) This Agreement is effective until terminated. You may terminate this Agreement at any time upon notice to Xsolla or by deleting your Account.
(ii) Xsolla has the right to terminate this Agreement with immediate effect as set forth herein for a breach of this Agreement by you or if we reasonably suspect that you have failed to abide by any of the terms and conditions of this Agreement. We may take any action we deem reasonable in our sole discretion against users who do not comply with the terms of this Agreement which may include banning users. We reserve the right to determine what conduct we consider to be in violation of, or otherwise outside the intent or spirit of, this Agreement. However, if what you have done can be put right we will give you a reasonable opportunity to do so.
(iii) Without prejudice to the other provisions of this Agreement, we may terminate our Agreement with you (in whole or in part) for any reason at our discretion upon reasonable notice to you and the following would apply:
(iv) Upon termination of this Agreement for any reason, Section 4 (Intellectual Property Rights), Section 13 (Representations and Warranties), Section 14 (Liability Limitation), Section 15 (Indemnification) and this Section 16 (Miscellaneous) will survive.
(v) Termination of this Agreement shall be without prejudice to any rights or liabilities accrued at the date of the termination. Once the termination comes into effect, all rights and licenses of Users to use the Software under this Agreement shall terminate. Upon the termination of this Agreement, you shall cease all use of the Software and destroy all copies of the Software and all associated documentation in your possession or control.
(vi) Please be aware that, where applicable, any rankings, scores, saved games, message history, progression history or other information or data relating to your Account (where applicable) may thereafter be deleted and/or become inaccessible.
E. Notices. Xsolla may give notice to you by means of a general notice to you while you make a purchase, through Your Account, electronic mail to your email address in our records or by a written communication sent by first class mail, postage prepaid, or overnight courier to your address on record, provided Xsolla has your physical address.
F. Severability. Except as otherwise expressly set forth in this Agreement, in the event that any provision of this Agreement is held to be unenforceable by a court or another tribunal of competent jurisdiction, such provision will be enforced to the maximum extent permissible, and the remaining portions of this Agreement shall remain in full force and effect. This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.
G. Enforcement. Xsolla’s obligations are subject to existing laws and legal process, and Xsolla reserves the right to comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term.
H. Compliance. You agree to comply with all Applicable import/export Laws and regulations. You agree not to export the Software or allow the use of your Account by individuals of any terrorist-supporting countries to which encryption exports are restricted by the European authorities at the time of exportation. You represent and warrant that you are not located in, under the control of or a national or resident of any such restricted country.
I. Prohibited Commercial Uses: You may not use the Software in its entirety or its individual components for any purpose not expressly authorized by Xsolla or the respective Software developer. Prohibited uses include but are not limited to (i) playing the game(s) at commercial establishments; (ii) gathering in-game currency, in-game items or resources for sale outside of the Software; (iii) performing in-game services including but not limited to account boosting or power-leveling in exchange for payment; (iv) communicating or facilitating (by text, live audio communications or otherwise) any commercial advertisement, solicitation or offer through or within the Software; or (v) organizing, promoting, facilitating or participating in any events involving wagering on the outcome or any other aspect of games, whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction.