Wildermyth: Console Edition

We are committed to respecting your privacy and protecting your personal data. This privacy and cookie policy (“Policy”) sets out how we use data relating to you and applies to all use of your personal data by Auroch Digital Limited, a company registered in England and Wales under company number 07389229 and with registered office at 32 Jessops Riverside, Brightside Lane, Sheffield, United Kingdom, S9 2RX (“Auroch”, “we”, “us” or “our”).  

This Policy applies to personal data we may collect from you, or that you provide to us, through or in connection with our game Wildermyth on console (each a “Game” and together the “Games”). Our Game and any services provided by us relating to the Game are together the “Services”. Please read the Policy carefully to understand our views and practices regarding your personal data. This Policy sets out the basis on which personal data will be processed by us, pursuant to the Services, and describes how we use, disclose and otherwise process this personal data, and explains the rights you have regarding your personal data processed by us.  If you are a California resident, please be sure to review Section 13 below for important information about our privacy practices and your rights under California privacy laws. 

1. HOW WE COLLECT AND USE YOUR PERSONAL DATA

We collect personal data directly from players and other users (collectively, “Users”) of our Services, automatically related to the use of the Services, and in some cases, from third parties (such as operators of certain third-party services that we use). The information we collect about Users varies depending upon the circumstances, such as the Games or Services used. 

Information We Collect from You. Generally, we collect your personal information on a voluntary basis. However, if you decline to provide certain personal information that is marked mandatory, you may not be able to access certain Services or we may be unable to  provide our Services or fully respond to your inquiry. In general, we may collect the following personal information from you: 

• Registration and profile information: To access and use certain Services (e.g., to register a game / create an account) you may be required to register with us, by providing us with certain required information, which is identified on the registration page. Depending upon the Services you use, this may include your name, a username and password, as well as country of residence, email, and contact information; certain Services will not be available if you decline to provide required information. We may also ask you or allow you to submit certain optional information, which may include your location, preferences, a photo or avatar, and other profile information. 

• Purchases and payments information: If you make a purchase or sign up for certain subscription-based Services, you are required to provide your payment information, including name, billing and shipping address and details, payment type, as well as credit card number or other payment account details (e.g., PayPal). We work with third parties like payment processors and fulfillment partners to process these payments. These third parties may directly collect, receive, process or store credit card or debit card numbers, or other third-party payment account credentials (e.g., PayPal) from you in order to process your payment.   

• Marketing, contests and promotions: Users can sign up online to receive direct marketing communications from us, including emails about game launches, developments, and upcoming releases. If you agree to receive direct marketing communications from us, we collect your email address, and we may also collect your name, preferences, and if relevant, information about your account and the Services and other games you use. We may also collect your name, age, email address, and other information related to contests, sweepstakes or other events or activities on our websites and social media channels. 

• Support / enquiry information and other communications: When you email us, call us, or otherwise send us communications regarding the Services, we collect and maintain a record of your contact details, communications and our responses. We may also maintain records of the in-game communications and information that you post within the Services 

2. PURPOSES AND LEGAL BASES FOR PROCESSING YOUR DATA

While the purposes for which we may process personal information will vary depending upon the circumstances, in general, we use personal information for the business and commercial purposes set forth in this section. In this section, we also explain the legal bases for which we process personal information about Users, as required by the EU General Data Protection Regulation (the "GDPR"),  UK Data Protection Act 2018 (“UK DPA”) and other similar laws. 

Legal Bases for Processing. Pursuant to the GDPR, the UK DPA, and other similar laws, in general, we process your personal information for the following legal bases: 

• Performance of our contract with you: The personal information we collect may be used to perform our agreements with you, including our Terms of Use and other terms and conditions applicable to the Services you use. 

• To comply with a legal obligation to which we are subject: The personal information we collect may be processed in order to comply with the law and our legal obligations. 

• For our legitimate business interests: We may process personal information in furtherance of our legitimate business interests in protecting, maintaining and improving the Services; developing new games, features and services; marketing and promoting our Services (including by profiling and marketing to Users); protecting our legal rights and interests; in support of mergers, acquisitions, reorganizations and other business transactions; and to generally operate and improve our business. 

• With your consent: We may process personal information about you based on your consent, for example (where required by law) to send you marketing communications, surveys, news, updates and other communications. In addition, where required by applicable law, we will obtain your consent to this Policy and our collection, use and disclosure of your personal information.  Users may be able to withdraw their consent at any time in accordance with applicable laws. For information on how revoke your consent, please see Section 6 below.  

Purposes of Use and Processing.In general, we process your personal data for the following purposes:  

• Providing our Services and related support: Including to operate our Services; to administer contests, programs and promotions; to communicate with Users about their access to and use of our Services; to respond to User inquiries; to fulfil User orders and requests; to process payments; to provide troubleshooting and other technical support; and for other customer service and support purposes. (Legal basis: performance of our contract with you; and for our legitimate business interests) 

• Protecting the integrity of the Services: Including to verify your identity; to detect and prevent fraud, cheating and unauthorized activities; to facilitate software updates; to secure of our systems and the Services; to prevent hacking, cheats and spamming; to enforce our Terms of Use, Code of Conduct, and other applicable terms; and to protect the rights and safety of Users. (Legal basis: performance of our contract with you; compliance with laws; and for our legitimate business interests) 

• Analyzing and improving the Services and our business: Including to better understand how Users access and use our Services; to evaluate and improve the Services and our business operations; to develop new games, features, offerings and services; to conduct surveys and other evaluations; and for other research and analytical purposes. (Legal basis: our legitimate business interests) 

• Personalizing the Services: Including to tailor content we send or display on our websites and other Services (e.g., for your geographic area); to offer personalized help and instructions; to tailor your gameplay experiences; and otherwise personalize your experiences with the Services. (Legal basis: our legitimate business interests) 

• Advertising, marketing and promotional purposes: Including to send or display targeted marketing; to reach you with more relevant ads and to evaluate, measure and improve the effectiveness of our ad campaigns; to send you newsletters, offers or other information we think may interest you; to contact you about our Services or information we think may interest you; and to administer promotions and contests. Where required by applicable law, we will obtain your consent to use your personal information for marketing and related purposes. (Legal basis: our legitimate business interests and/or with your consent) 

• Securing and protecting our business: Including to protect and secure our business operations, assets, Services, network and information and technology resources; to investigate, prevent, detect and take action regarding fraud, cheating, unauthorized access, situations involving potential threats to the rights or safety of any person or third party, or other unauthorized activities or misconduct (Legal basis: our legitimate business interests and/or compliance with laws) 

• Defending our legal rights: Including to manage and respond to actual and potential legal disputes and claims, and to otherwise establish, defend or protect our rights or interests, including in the context of anticipated or actual litigation with Users or third parties. (Legal basis: our legitimate business interests and/or compliance with laws; in Brazil, this also includes the exercise of rights in judicial, administrative or arbitration proceedings in accordance with applicable laws) 

• Auditing, reporting, corporate governance, and internal operations: Including relating to financial, tax and accounting audits; audits and assessments of our operations, privacy, security and financial controls, risk, and compliance with legal obligations; our general business, accounting, record keeping and legal functions; to maintain appropriate business records; to enforce company policies and procedures; and related to any actual or contemplated merger, acquisition, asset sale or transfer, financing, bankruptcy or restructuring of all or part of our business. (Legal basis: our legitimate business interests and/or compliance with laws) 

• Complying with legal obligations: To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority. (Legal basis: our legitimate business interests and/or compliance with laws) 

3. DISCLOSURE OF YOUR PERSONAL DATA

We may share your personal data with third parties as set forth below: 

• Affiliates and group members: We may disclose your personal data to a member of our corporate group in order to carry out the processing set forth in this Policy.  For example. for purposes of assisting us to market our Services and games, conduct analytics, research and demographic studies, develop and improve the Services, and to help us improve and tailor the Services we provide. Our subsidiary or affiliate companies are subject to this Policy when they use your personal information. We may share your personal information with our parent company Sumo Group Limited and its subsidiaries (the “Sumo Group”), but we will not share your personal data with our ultimate parent, Tencent Holdings Ltd., a public company listed on the Stock Exchange of Hong Kong (SEHK: 0700) and headquartered in China or any of Tencent Holdings Ltd.’s affiliates outside the Sumo Group.

• Suppliers, subcontractors, service providers: We may engage vendors, agents, service providers, and others to provide services to us or to Users on our behalf, such as support for the internal operations of our websites, online stores (including payment processors), products (such as our games) and services (e.g., forum operations, and technical support processing), as well as related offline product support services, data storage and other services. In providing their services, they may access, receive, maintain or otherwise process personal information on our behalf. Our contracts with these service providers do not permit use of your personal information for their own marketing and other purposes. 

• Platforms: We may also disclose your personal data, to the extent necessary, to game platforms if that is reasonably necessary to the provision of the Services or in order to investigate or prevent fraud. Such platforms may also process your information in order to provide you with cross-device access to your current position in the Game and your in-Game progression, for example. 

• Advertising and analytics: We may engage third parties that provide advertising, campaign measurement, and related services to us (with your consent, where required by applicable laws). They may use this information to help us better reach individuals with relevant ads and to measure and improve our ad campaigns, or to better understand how individuals interact with our Services. In addition, these third parties may combine the information collected from us and our Services with information collected about you from third-party sites, apps and services, in order to make inferences about you and your interests, to better tailor advertising and content to you across multiple sites, apps, and services, and to collect associated metrics. 

• Where legally required: In addition, we may disclose your personal data to the extent that we are required to do so by law (which may include to government bodies and law enforcement agencies); in connection with any legal proceedings or prospective legal proceedings; and to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention). 

• Potential acquirers or investors: If we are involved in a potential or actual merger, acquisition, transfer, sale, bankruptcy or similar transaction, involving all or a portion of our business or assets, , your personal be disclosed as part of such transaction (including related to due diligence associated with such transaction, to the extent permitting by applicable data protection laws). 

• Enforcement: We may also disclose your personal information to third parties in order to enforce or apply the terms of agreements, to investigate potential breaches, or to protect the rights, property or safety of us, our personnel or customers, or others. 

• With Consent: We may also disclose your personal data to other affiliated or third parties where you have consented or requested that we do so. 

4. COOKIES, ANALYTICS AND PERSONALIZATION

We and our third-party providers use cookies, clear GIFs/pixel tags, JavaScript, local storage, log files, and other mechanisms to automatically collect and record information about your browsing activities, gaming performance and use of the Services. We may combine this "activity information" with other personal information we collect about you. Generally, we use this activity information to understand how our Services are used, track bugs and errors, provide and improve our Services, establish matchmaking, verify account credentials, allow logins, track sessions, prevent fraud, and protect our Services, as well as for targeted marketing and advertising, to personalize content and for analytics purposes.   

Below is a summary of these activities.  

Log Files. We collect certain activity information from log files. Log file information is automatically reported by your browser or mobile application to our servers when you access our Services. We record certain information from these log files, including web requests, IP address, browser type and version, language information, referring and exiting URLs, links clicked, pages viewed and other similar information. 

Cookies. Are small files with a unique identifier that are transferred to your browser through our website. They allow us to remember Users who are logged in, to understand how Users navigate through and use our Services, and to display personalized content and targeted ads (including on third-party sites and applications). 

Clear GIFs, pixel tags and web beacons. These are tiny graphics with a unique identifier, similar in function to cookies that we use to track the online movements of Users of our Services and to personalize content. We also use these in our emails to let us know when they have been opened or forwarded, so we can gauge the effectiveness of our communications. 

Analytics Tools. We may use internal and third-party analytics tools to collect and aggregate activity data and other data across multiple channels. 

Do-Not-Track signals. Please note that our Website does not recognize or respond to any signal which your browser might transmit through the so-called 'Do Not Track' feature your browser might have. If you wish to disable cookies on our Services, you should not rely on any 'Do Not Track' feature your browser might have. 

Preferences. You can review or change your preferences for most cookies and tags on our Website (other than those that are necessary to the proper functioning of our websites) by adjusting your cookie settings: 

5. DATA RETENTION

We will only hold data about you for as long as necessary, bearing in mind the purpose for which that data was collected, or as otherwise described in this Policy. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.  

6. USER RIGHTS AND CHOICES

We give Users several easy-to-use ways to access, amend and exercise their choices and rights regarding their personal information. 

Subject to the conditions set out in the applicable law, under UK data protection laws and the GDPR. Users have the following rights regards our processing of their personal information: 

• Right of access. If you ask us, we will confirm whether we are processing your personal information and, if necessary, provide you with a copy of that personal information (along with certain other details). 

• Right to correction (rectification). If the personal information we hold about you is inaccurate or incomplete, you are entitled to request to have it corrected. If you are entitled to have information corrected and if we have shared your personal information with others, we will let them know about the rectification where possible. 

• Right to erasure. You can ask us to delete your personal information in some circumstances, such as where we no longer need it or if you withdraw your consent (where applicable). If you request that we delete your personal information, we may do so by deleting your account(s) with us. Brazilian Users may also request the anonymization, blocking or erasure of unnecessary or excessive personal information, or personal information processed in violation of the LGPD. 

• Right to restrict (block) processing. You can ask us to restrict the processing of your personal information in certain circumstances, such as where you contest the accuracy of that personal information or you object to our use or stated legal basis. 

• Right to data portability. You have the right, in certain circumstances, to receive a copy of personal information we have obtained from you in a structured, commonly used and machine-readable format, and to reuse it elsewhere or to ask us to transfer this to a third party of your choice. 

• Right to object. Where our processing is on the basis of our legitimate interests (other than marketing purposes), we must stop such processing unless we have compelling legitimate grounds that override your interest or where we need to process it for the establishment, exercise or defense of legal claims. Where we are relying on our legitimate interests (other than marketing), we believe that we have a compelling interest in such processing, but we will individually review each request and related circumstances. 

• Right to object to marketing. You can ask us to stop processing your personal information to the extent we do so on the basis of our legitimate interests for marketing purposes. If you do so, we will stop such processing for our marketing purposes.

• Right not to be subject to automated decision-making. You have the right not to be subject to a decision when it is based on automatic processing if it produces a legal effect or similarly significantly affects you, unless it is necessary for entering into or performing a contract between us. Auroch does not engage in automated decision-making. Brazilian Users may also request the revision of any decision made solely on the basis of automatic processing, to the extent such decision affects your interests and applies to our Services. 

• Right to withdraw your consent. In the event your personal information is processed on the basis of your consent, you have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal. Brazilian Users also have the right to be informed about the consequences of denying or withdrawing consent. 

• Right to lodge a complaint. You also have the right to lodge a complaint with a supervisory authority if you consider that our processing of your personal information infringes the law. 

Please note that some of these rights may be limited, such as where we have an overriding interest or legal obligation to continue to process the data. Please contact us using the information set out  in Section 12 if you wish to exercise any of your rights or if you have any enquiries or complaints regarding the processing of your personal information by us. 

Submitting a Privacy Request. Privacy requests should be directed to the contact information set out in Section 12. Please keep in mind that certain Services will not be available if you withdraw your consent, or otherwise delete or object to our processing of certain personal information. We will respond to your request in accordance with applicable law, and we will inform you if we do not intend to comply with your request. 

Additional Information for Users for California Residents. In Section 13, we provide additional information as required under California privacy laws. Users in California, should review this section for more information regarding their rights under these respective laws. 

7. SECURITY

We have implemented technical and organisational measures to ensure a level of security appropriate to the risk that could be encountered via the use of our Services taking into account the likelihood and severity those risks might pose to the rights and freedoms of our Service visitors and customers. 

In particular, we will take precautions to protect against the accidental or unlawful destruction, loss or alteration, and unauthorised disclosure of or access to the personal data transmitted, stored or otherwise processed by us.  

8. INTERNATIONAL DATA TRANSFERS

We have servers, operations and service providers in the European Union, the United States and other jurisdictions; some of these jurisdictions (including the United States) may not provide equivalent data protection laws as your home jurisdiction.  We will take steps to ensure that your personal information receives an adequate level of protection in the jurisdictions in which we process it, including through appropriate written data processing terms and/or data transfer agreements where necessary. Such appropriate safeguards may include standard data protection clauses adopted by a data protection regulator and approved by the European Commission, such as the European Commission’s standard contractual clauses, or other appropriate measures. 

If you would like to find out more about these safeguards or if you have any other queries or comments in relation to this Policy, please contact us at help@aurochdigital.com. 

9. CHILDREN

We do not use the Services to knowingly solicit data from or market to children under the age of 13.  

If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at help@aurochdigital.com. We will endeavour to delete such information within a reasonable time. 

10. THIRD PARTY LINKS

If you follow a link from the Service to any third party websites, you should be aware that those websites may have their own privacy policies. We do not accept any responsibility or liability for those websites. Please check the policies of any third party websites before submitting any personal data to those websites. 

11. UPDATES TO THIS PRIVACY POLICY

We may make changes to this Policy in the future, which will be posted on this page. You should check this page from time to time to ensure you are aware of any changes. Where appropriate we may notify you of changes, such as by email. 

12. CONTACT US

You may contact us regarding this Policy or submit a privacy request to us at email: help@aurochdigital.com

13. ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS

Below, we provide information, as required under California privacy laws, including the California Consumer Privacy Act ("CCPA"), which requires that we provide California residents certain specific information about how we handle their personal information, whether collected online or offline. This section does not address or apply to our handling of publicly available information made lawfully available by state or federal governments or other personal information that is subject to an exemption under the CCPA. 

Categories of Personal Information We Collect and Disclose. Our collection, use and disclosure of personal information about a California resident will vary depending upon the circumstances and nature of our interactions or relationship with such resident. We may collect personal information from the following sources:  

• Our affiliates and subsidiaries 

• Third-party platforms 

• Third-party sites and services 

• Ad networks 

• Analytics providers 

• Social networks 

• Internet service providers 

• Operating systems and platforms 

• Our vendors and service providers 

The table below sets out generally the categories of personal information (as defined by the CCPA) about California residents that we may collect, sell, and disclose to others for a business purpose. We collect and disclose this personal information for the purposes described in Section 1 of this Policy. We do not sell the personal information of California residents. 

Personal Information Collected

Categories of Third Parties to Whom We May Disclose this Information

Categories

Uses 

Customer Records

Includes your account and profile information and customer records that contain personal information, such as username, name, demographics and other characteristics or descriptions, email, address, telephone number, and other contact information, account credentials, communications preferences, billing and payment information, customer service and support tickets and records), and other information individuals provide us in order to register for, access or purchase our Services. 

None. 

Usage Data

Includes browsing history, clickstream data, search history, access logs, information regarding your interactions with our websites, mobile apps and other Services and our marketing emails and online ads, and other and other usage data related to your use of the Services, such as language and preferences, in-game purchases, game-play statistics, scores, persona,  achievements, rankings, time spent playing, click paths, game profile, preferences and friends, as well as your comments, posts and interactions in forums and communities. 

None. 

Inferences

Includes inferences drawn from other personal information that we collect to create a profile based on your account and activities, that reflect your preferences, characteristics, behavior, attitude and abilities related to the Services. 

None. 

California Residents' Rights. California law grants California residents certain rights and imposes restrictions on particular business practices as set forth below. 

Do-Not-Sell. California residents have the right to opt-out of our sale of their personal information. We do not sell personal information about Californi residents. Requests to Delete. Subject to certain exceptions, California residents have the right to, at no charge, request deletion of their personal information that we have collected about them and to have such personal information deleted, except where an exemption applies. 

Request to Know. California residents have the right to request and, subject to certain exemptions, receive a copy of the specific pieces of personal information that we have collected about them in the prior 12 months and to have this delivered, free of charge, either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, readily useable format that allows the individual to transmit this information to another entity without hindrance. California residents also have the right to request that we provide them certain information about how we have handled their personal information in the prior 12 months, including the: 

• categories of personal information collected; 

• categories of sources of personal information; 

• business and/or commercial purposes for collecting and selling their personal information; 

• categories of third parties/with whom we have disclosed or shared their personal information; 

• categories of personal information that we have disclosed or shared with a third party for a business purpose; and 

• categories of third parties to whom the residents’ personal information has been sold and the specific categories of personal information sold to each category of third party. 

• California residents may make a Request to Know up to twice every 12 months. 

Submitting Requests to Know and Delete. Requests to Know and Requests to Delete may be submitted online or by email at help@aurochdigital.com.   

When you submit a request to know or a request to delete, we will take steps to verify your request by matching the information provided by you with the information we have in our records. You must complete all required fields on our webform (or otherwise provide us with this information via the above email address) and verify your access to the registered email address for your account, in order to verify your request. In some cases, we may request additional information in order to verify your request or where necessary to process your request. If we are unable to adequately verify a request, we will notify the requestor. Authorized agents may initiate a request on behalf of another individual by contacting us in writing at the contact information set forth above, in Section 12. Contact Details; authorized agents will be required to provide proof of their authorization and we may also require that the relevant consumer directly verify their identity and the authority of the authorized agent. We will respond to verifiable requests received from California residents as required by law. 

Right to Non-Discrimination. The CCPA prohibits discrimination against California residents for exercising their rights under the CCPA. Discrimination may exist where a business denies or provides a different level or quality of goods or services, or charges (or suggests that it will charge) different prices, rates, or penalties on residents who exercise their CCPA rights, unless doing so is reasonably related to the value provided to the business by the residents' data. 

Financial Incentives. California residents have the right to be notified of any financial incentives offers and their material terms, the right to opt-out of such incentives at any time and may not be included in such incentives without their prior informed opt-in consent. Where we offer any financial incentives under the CCPA, we will notify you in advance of the material terms of such incentives and your related rights, before we obtain your consent to such incentives. 

For more information about our privacy practices, you may contact us as set forth above, in Section 12.  

This agreement (“Terms of Use Agreement”) applies to and governs use of Wildermyth on console (“Game”), and any services we make available to you via the Game.

Please read the following carefully before using, downloading, purchasing or installing the Game. By doing any of the foregoing, you are agreeing to be bound by and become a party to this Terms of Use Agreement. If you do not agree with the terms of this Terms of Use Agreement, you may not use, download or install each Game.

USERS IN THE UNITED STATES: FOR USERS WHO ARE A RESIDENT OF THE UNITED STATES OR USE THE GAME FROM WITHIN THE UNITED STATES (EACH A “U.S. USER”), SECTION 17 OF THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION THAT APPLY TO YOU, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH AUROCH DIGITAL. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

AUROCH DIGITAL LIMITED (“Auroch”, "we", "us") is a company registered in England and Wales under company number 07389229 and with registered office at 32 Jessops Riverside, 800 Brightside Lane, Sheffield, United Kingdom, S9 2RX. If you have any queries concerning this Terms of Use Agreement you may contact us at: help@aurochdigital.com

1. Limited Use Licence

1.1 Auroch hereby grants a limited, non-exclusive right and licence to you for you to download, install (if applicable) and use the Game for your personal, non-commercial use only on compatible devices that are owned by you, subject to the terms of this Terms of Use Agreement. This Terms of Use Agreement and your use of the Game does not give you any rights of ownership in any property whether tangible or intangible.

1.2 The Game comprises of copyright works of Auroch and/or its licensors. The Game is licensed, not sold. The license granted to you by Clause 1.1 above confers no title or ownership in the Game. The Game is solely for personal, non-commercial use by end users according to the terms of this Terms of Use Agreement. Any use, reproduction or redistribution of the Game not in accordance with the terms of this Terms of Use Agreement is expressly prohibited.

1.3 We are excited to see you enjoy the Game, and love seeing you create your own content around the Game. As long as you follow the rules in this Terms of Use Agreement you can also use the Game in the following ways:

1.3.1 Share screenshots, streams and/or videos of your gameplay;

1.3.2 Include ads in pre-recorded or live streamed gameplay videos which you share via sites like Twitch or YouTube (as long as it doesn’t seem like an endorsement by us); and

1.3.3 To create pre-recorded or live streamed gameplay videos of your playing the Game which you share via sites like Twitch or YouTube, that you may monetise for example by receiving revenues from Twitch or YouTube, or in creating Patreon (or similar platform) exclusive content that end-users may pay you to access (as long as you comply with the other terms of this Terms of Use Agreement).

2. END USER OBLIGATIONS

2.1 You must not do any of the following with the Game except to the extent expressly permitted by this Terms of Use Agreement:

2.1.1 sell, copy, reproduce, translate, communicate, reverse engineer, publish, distribute, rent, loan, sub-license, derive source code from, modify, adapt, merge, disassemble, decompile, create derivative works based on or otherwise transfer or deal in copies or reproductions of the Game or any part or interest in it to other parties in any way (except where the Game expressly permits you to do so through sharing content in that Game / on social media);

2.1.2 engage in any act that Auroch deems to be in conflict with the spirit or intent of the Game including without limitation using cheats, exploits, automation software, bots, hacks, mods or any unauthorised third-party software designed to modify or interfere with the Game;

2.1.3 attempt to gain unauthorised access to the Game or to the computers, devices, servers, or networks connected to them by any means other than the user interfaces provided by Auroch or its licensors; or

2.1.4 use the Game for any illegal or immoral purposes.

3. OWNERSHIP; INTELLECTUAL PROPERTY

3.1 All right, title, interest and ownership rights and any and all copyrights, design rights, database rights, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications or extensions therefor and all other intellectual property rights of any similar or equivalent type in any territory of the world (“Intellectual Property Rights”), in or connected with the Game and each part thereof (including by way of example only any titles, code, themes, objects, concepts, artworks, animations, audio-visual effects and methods of operation) and any copies, translations, modifications, adaptations and any other derivative based on the Game are owned by, belong to and vest in Auroch and its licensors.

3.2 The Game may contain certain licensed materials licensed by third parties to Auroch or its licensors. All trademarks and other rights are the property of their respective owners.

3.3 The Game may include intellectual property, or references, relating to third parties such as (without limitation) real-world events, people, organisations, places, stadia, venues, companies and competitions or other real-world references. Except where we may have licensed rights from the relevant party, we do not represent that we have a connection with or any arrangement with such rights owners. We may in some instances make limited use of unlicensed third-party intellectual property for the limited purposes of providing information about and/or to identify real-world facts in an honest and fair way and as permitted by applicable law.

3.4 INTELLECTUAL PROPERTY INFRINGEMENT. We respect the Intellectual Property Rights of others and encourage you to do the same. Accordingly, we have a policy of removing user content or other submissions that violate intellectual property rights of others, suspending access to the Game (or any portion thereof) to any user who uses the Game in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Game in violation of someone’s intellectual property rights.

3.4.1 Submitting a Complaint. If you believe your copyright or other intellectual property right is being infringed by a user of the Game, please provide written notice to us:

Attn: Legal

Email: help@auroch-digital.com

To be sure the matter is handled immediately, your written notice must:

1. identify the copyrighted work or other intellectual property alleged to have been infringed and your right, title and/or interest in such copyrighted work or intellectual property right;

2. identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;

3. explain how such material infringes your right, title and/or interest in the copyrighted work or intellectual property right;

4. contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); and

5. if you are not the owner of the copyright or intellectual property right alleged to have been infringed, provide a statement detailing how you are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, we will be unable to address the listed concern.

3.4.2 Submitting a Counter-Notification. We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received take-down notice. In response, you may provide us with a written counter-notification that includes the following information:

1. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

2. A statement that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

3. your name, address and telephone number.

3.4.4 Termination of Repeat Infringers. We reserve the right, in our sole discretion, to terminate the account or access of any user of the Game who is the subject of repeated infringement notifications.

3.5 Feedback. Any submissions by you to us (e.g., comments, posts, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., posts submitted to social media platforms, reviews of the Game submitted to a platform, call, fax, email) will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

4. TERMINATION

4.1 This Terms of Use Agreement and the licences granted by it are effective until terminated.

4.2 We may temporarily discontinue the Game, at any time for the purposes of upgrades, maintenance or other service administration reasons. We will use our reasonable endeavours to limit the length of time this occurs for.

4.3 You may terminate this Terms of Use Agreement at any time and for any reason by deleting and removing the Game from your device.

4.4 We may terminate this Terms of Use Agreement if you fail to abide by any of the terms and conditions of this Terms of Use Agreement at any time and for any reason, or if we reasonably suspect that you have failed to abide by any of the terms and conditions of this Terms of Use Agreement. We may take any action we deem reasonable in our sole discretion against users who do not comply with the terms of this Terms of Use 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 Terms of Use Agreement. However, if what you have done can be put right we will give you a reasonable opportunity to do so.

4.5 Without prejudice to the other provisions in this Terms of Use 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 if your use of the Game was provided to you free of charge, you will not be entitled to any compensation or any refund; and

4.6 Following termination of this Terms of Use Agreement for the Game for any cause, you will no longer be permitted to use the Game and you will be required to delete the Game from your devices. Please be aware that, where applicable, any rankings, scores, saved games, message history, progression history or other information or data relating to your Game user account (where applicable) may thereafter be deleted and/or become inaccessible.

5. WARRANTY AND LIMITATION OF LIABILITY

5.1 Auroch warrants that it has used and will use reasonable efforts to ensure that:

5.1.1 it is entitled to grant the rights and licences granted hereunder; and

5.1.2 each Game will be as described, fit for purpose, and of satisfactory quality.

5.2 Except as specifically provided in this Terms of Use Agreement and to the maximum extent permitted by law:

5.2.1 EACH game is provided on an "as is" and “as available” basis. other than those WARRANTIES EXPRESSLY set out in this Terms of Use aGREEMENT, we expressly disclaim all warranties and guarantees of any kind (express, statutory or implied), INCLUDING ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS;

5.2.2 Auroch only accepts liability for direct loss as a result of its breach of its warranties in clause 5.1 above, unless otherwise set out in this Terms of Use Agreement;

5.2.3 Subject to clauses 5.3 and 5.2.4, Auroch and its licensors’ maximum liability will be limited to the greater of: (i) the price you paid for the Game; or (ii) the amounts paid by you to Auroch; and

5.2.4 Auroch and its licensors will not in any event be liable in any way for any EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAl, consequential or indirect loss or damage (INCLUDING for LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE, except to the extent that damage to your device or other digital content which you own is caused by the Game as a result of Auroch's failure to use reasonable care and skill, in which case you may be entitled to compensation or Auroch may be obliged to repair your device).

5.3 This Terms of Use Agreement shall not limit any rights you might have as a consumer that may not be excluded or limited under applicable law nor shall it exclude or limit any liability for fraud, fraudulent misrepresentation, death or personal injury caused by Auroch’s negligence.

6. AGE RESTRICTIONS

Auroch does not target the Game to users under 13 years of age. To use the Game you must be both: (a) of an age which meets the minimum age certification requirement of the Game in the territory you are in (where applicable); and (b) in any event, you must be over the age of 13 years. By using the Game you therefore confirm that you are over 13 years of age and, where you are under 18, you confirm that you have your parent’s or guardian’s consent and that your parent or guardian has read and agreed to these terms.

7. USER RULES

7.1 You further agree that you will not in any way conduct yourself in a manner which is illegal or which gives rise to civil or criminal liability or which might call into disrepute Auroch or the Game.

7.2 You will cooperate fully with Auroch to investigate any suspected illegal, fraudulent or improper activity.

8. CONSUMER RIGHTS AND ALTERNATIVE DISPUTE RESOLUTION

8.1 This Terms of Use Agreement shall not limit any rights you might have as a consumer that may not be excluded or limited under applicable law.

8.2 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint you may choose to make, you may want to consider an alternative dispute resolution provider. The European Commission provides a platform for online dispute resolution which can be found at: http://ec.europa.eu/consumers/odr/. For the purposes of Regulation (EU) 524/2013, we are not required to use and we do not use an alternative dispute resolution service, unless you are a U.S. User in which case Section 17 of this Terms of Use Agreement applies to you.

9. THIRD PARTY TERMS

9.1 Should you purchase or play the Game via any platform, you agree to that specific platform terms of use. Additionally, the terms of this clause relevant to the platform on which you purchase or play the Game shall apply to you. In case of conflict between the terms of such platform and the terms of this Terms of Use Agreement, the terms of such platform shall prevail over the terms of this Terms of Use Agreement.

9.2 Sony Terms of Use

10.3.1 For end-users that have purchased the Game through a Sony PlayStation store then any content purchased in an in-game store may be purchased from Sony Interactive Entertainment Network Europe Limited (“SIENE”) and be subject to the PlayStation™ Network Terms of Service and User Agreement which is available on the PlayStation™ Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the Game.

10.3.2 For end-users based in the United States of America that have purchased the Game through a Sony PlayStation store this online service has been sublicensed to you by Sony Interactive Entertainment America.

10. INDEMNITY AND REMEDIES

10.1 You hereby indemnify (agree to compensate), and agree to defend and hold Auroch and Auroch’s affiliates, officers, directors, owners, licensors, service providers, partners, contractors, employees, agents and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities, claims, costs and expenses (including legal expenses and lawyers’ fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Terms of Use Agreement or claims arising directly or indirectly from your use or misuse of the Game, and any negligent or improper use of your device, password and username; and / or any use otherwise than in accordance with the terms of this Terms of Use Agreement. You shall fully cooperate with Auroch in the defence of any such claim and Auroch reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

10.2 You further agree that the subject matter of this Terms of Use Agreement is of a unique character with special value and that Auroch would be irreparably damaged if the terms of this Terms of Use Agreement were not specifically enforced, and therefore you agree that Auroch shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies (including injunctive relief) with respect to breaches of this Terms of Use Agreement, in addition to such other remedies as Auroch may otherwise have available to it under applicable laws.

10.3 Auroch's licensors shall be third-party beneficiaries under this Terms of Use Agreement and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.

10.4 The following applies to users who are not U.S. Users:

10.4.1 If you make a digital content purchase from Auroch directly, you are entitled to cancel the purchase within 14 days and to receive a full refund (your "Cooling-Off Right"). However, where you agree that we may begin to supply you with the digital content before the end of that period, then you will no longer be entitled to change your mind about the purchase and obtain a refund.

10.4.2 If you have made a purchase from Auroch, have not begun using the content and wish to exercise your Cooling-Off Right you can contact us by email or post using the following form:

To: Auroch Digital Limited

32 Jessops Riverside Brightside, Lane, Sheffield, S9 2RX.

I hereby give notice that I withdraw from my contract for the following purchase: [INSERT ORDER ID, ITEM], for game [INSERT GAME NAME], ordered on [INSERT DATE].

From: [YOUR NAME]

[YOUR ADDRESS]

[YOUR EMAIL / TELEPHONE (optional)]

Date: [DATE]

10.4.3 Section 12.2 does not apply to U.S. Users.

11. DEVICE AND INTERNET REQUIREMENTS

You are responsible for ensuring that you have an internet connection and that the device you use has sufficient system capabilities and memory in order to, as each are applicable, download, install, play and store the Game.

12. DATA PROTECTION

Please be aware that any personal data you supply to us when using the Game is subject to our Privacy Policy and Cookie Policy, which are incorporated by reference herein. Please read our Privacy Policy and Cookie Policy for information regarding our processing of your personal data which can be found at https://www.aurochdigital.com/legal.

13. CHANGES TO THIS TERMS OF USE AGREEMENT

We may alter the Game and the services we offer or make available to you and/or choose to modify, suspend or discontinue Game at any time and without notifying You. We also may change, update, add or remove the terms of this Terms of Use Agreement from time to time for any reason. We will notify you of such changes by posting the updated version to our website https://www.aurochdigital.com/legal and/or in-Game, and/or by notifying you at your email address of record with us. Changes to the Terms of Use Agreement take effect only where they are permitted by law and made available to you for your agreement. Every time you launch the Game on your device, install or otherwise use the Game or purchase the Game you are deemed to have accepted the latest version of this Terms of Use Agreement in place at that time. Please check on our website https://www.aurochdigital.com/legal (and/or in-Game, if we provide you with this Terms of Use Agreement there) for any updates to the Terms of Use Agreement each time you launch the Game on your device.

14. GENERAL

14.1 This Terms of Use Agreement constitutes the entire agreement between Auroch and you in respect of its subject matter and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between you and us related to the Game. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of this Terms of Use Agreement.

14.2 Even if we delay in enforcing this Terms of Use Agreement and/or our rights, we can still enforce this Terms of Use Agreement and/or our rights later. If we do not insist immediately that you do anything you are required to do under this Terms of Use Agreement, or if we delay in taking steps against you in respect of your breaking of any term of this Terms of Use Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

14.3 We may transfer our rights and obligations under this Terms of Use Agreement to another organisation (such as, without limitation, in the event of a business restructure or acquisition). We will let you know if that happens, and we will ensure that your rights under this Terms of Use Agreement are unaffected. You may not transfer your rights or obligations under this Terms of Use Agreement unless we expressly agree to the transfer in writing.

14.4 Except where expressly stated to the contrary in this Terms of Use Agreement, this Terms of Use Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Terms of Use Agreement.

14.5 In the event that any provision of this Terms of Use Agreement (including, without limitation, any restriction) shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be interpreted in such a way as to ensure it is enforced to the maximum extent permissible in a manner reflecting the parties' intentions and the remaining portions of this Terms of Use Agreement shall, in any event, remain in full force and effect.

14.6 For users outside of the United States, the following terms shall apply:

14.6.1 This Terms of Use Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.

14.6.2 In addition, you may have the legal right to bring proceedings in your local jurisdiction and, if this is the case, then you may bring proceedings there. For instance, if you live in Scotland you can bring legal proceedings in respect of the relevant Game in either the Scottish or the English courts.

14.6.3 Section 16.6 does not apply to U.S. Users.

14.7 The following terms shall apply to U.S. Users:

14.7.1 The Federal Arbitration Act, Oregon state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern this Terms of Use Agreement. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms will be heard in the courts located in Portland, Oregon. If any of the terms of tis Terms of Use Agreement are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.

14.7.2 Section 16.7 shall only apply to U.S. Users.

15. DISPUTE RESOLUTION AND ARBITRATION AND CLASS ACTION WAIVER FOR U.S. USERS.

This Provision applies to U.S. Users. If you are a U.S. User, please read this Section 17 (the “Provision”) carefully. It affects your legal rights.

15.1 General. This Provision facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding. This Provision provides that all disputes between you and us shall be resolved by binding arbitration because acceptance of the Terms of Use Agreement (which includes this Provision) constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Provision and the Terms of Use Agreement and can award the same damages and relief as a court (including attorney’s fees). you may, however, opt-out of this Provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

15.2 Pre-Arbitration Claim Resolution. For all disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the dispute which is first done by emailing us at help@aurochdigital.com the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) A description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, than you may pursue your dispute in arbitration. you may pursue your dispute in a court only under the circumstances described below.

15.3 Exclusions from Arbitration/Right to Opt Out. Notwithstanding the above, your or we may choose to pursue a dispute in court and not by arbitration if: (a) the dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). you may opt-out of this Provision by emailing us at help@aurochdigital.com the following information: (1) your name; (2) your address; (3) a clear statement that you do not wish to resolve disputes with us through arbitration. your decision to opt-out of this Provision will have no adverse effect on your relationship with us. But, we will enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.

15.4 Arbitration Procedures. If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative procedures or rules apply to the arbitration.

Because these Terms of Use Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

15.4.1 Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

15.4.2 Location of Arbitration – you or we may initiate arbitration in either California or the federal judicial district that includes your billing address.

15.4.3 Payment of Arbitration Fees and Costs – So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

15.5 Class Action Waiver. Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and we specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Game can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

15.6 No Judge or Jury in Arbitration. Arbitration does not involve a judge or jury.  you understand and agree that by entering into these Terms of Use Agreement you and we are each giving up the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and we might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.

15.7 Severability. If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the dispute will be decided by a court.

15.8 Continuation. This Provision shall survive the termination of your account with us or Our affiliates and your discontinued use of the Game. Notwithstanding any provision in this Terms of Use Agreement to the contrary, we agree that if we make any change to this Provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the present language in this Provision if a dispute between us arises.

Democracy 4: Console Edition

We are committed to respecting your privacy and protecting your personal data. This privacy and cookie policy (“Policy”) sets out how we use data relating to you and applies to all use of your personal data by Auroch Digital Limited, a company registered in England and Wales under company number 07389229 and with registered office at 32 Jessops Riverside, Brightside Lane, Sheffield, United Kingdom, S9 2RX (“Auroch”, “we”, “us” or “our”).

This Policy applies to personal data we may collect from you, or that you provide to us, through or in connection with our game Democracy 4 (each a “Game” and together the “Games”). Our Game and any services provided by us relating to the Game are together the “Services”. Please read the Policy carefully to understand our views and practices regarding your personal data. This Policy sets out the basis on which personal data will be processed by us, pursuant to the Services, and describes how we use, disclose and otherwise process this personal data, and explains the rights you have regarding your personal data processed by us.  If you are a California resident, please be sure to review Section 13 below for important information about our privacy practices and your rights under California privacy laws.

1.                       how we collect and use your personal data

We collect personal data directly from players and other users (collectively, “Users”) of our Services, automatically related to the use of the Services, and in some cases, from third parties (such as operators of certain third-party services that we use). The information we collect about Users varies depending upon the circumstances, such as the Games or Services used.

Information We Collect from You. Generally, we collect your personal information on a voluntary basis. However, if you decline to provide certain personal information that is marked mandatory, you may not be able to access certain Services or we may be unable to  provide our Services or fully respond to your inquiry. In general, we may collect the following personal information from you:

·         Registration and profile information: To access and use certain Services (e.g., to register a game / create an account) you may be required to register with us, by providing us with certain required information, which is identified on the registration page. Depending upon the Services you use, this may include your name, a username and password, as well as country of residence, email, and contact information; certain Services will not be available if you decline to provide required information. We may also ask you or allow you to submit certain optional information, which may include your location, preferences, a photo or avatar, and other profile information.

·         Purchases and payments information: If you make a purchase or sign up for certain subscription-based Services, you are required to provide your payment information, including name, billing and shipping address and details, payment type, as well as credit card number or other payment account details (e.g., PayPal). We work with third parties like payment processors and fulfillment partners to process these payments. These third parties may directly collect, receive, process or store credit card or debit card numbers, or other third-party payment account credentials (e.g., PayPal) from you in order to process your payment.  

·         Marketing, contests and promotions: Users can sign up online to receive direct marketing communications from us, including emails about game launches, developments, and upcoming releases. If you agree to receive direct marketing communications from us, we collect your email address, and we may also collect your name, preferences, and if relevant, information about your account and the Services and other games you use. We may also collect your name, age, email address, and other information related to contests, sweepstakes or other events or activities on our websites and social media channels.

·         Support / enquiry information and other communications: When you email us, call us, or otherwise send us communications regarding the Services, we collect and maintain a record of your contact details, communications and our responses. We may also maintain records of the in-game communications and information that you post within the Services

2.                       Purposes and Legal Bases for Processing Your Data

While the purposes for which we may process personal information will vary depending upon the circumstances, in general, we use personal information for the business and commercial purposes set forth in this section. In this section, we also explain the legal bases for which we process personal information about Users, as required by the EU General Data Protection Regulation (the "GDPR"),  UK Data Protection Act 2018 (“UK DPA”) and other similar laws.

Legal Bases for Processing. Pursuant to the GDPR, the UK DPA, and other similar laws, in general, we process your personal information for the following legal bases:

·         Performance of our contract with you: The personal information we collect may be used to perform our agreements with you, including our Terms of Use and other terms and conditions applicable to the Services you use.

·         To comply with a legal obligation to which we are subject: The personal information we collect may be processed in order to comply with the law and our legal obligations.

·         For our legitimate business interests: We may process personal information in furtherance of our legitimate business interests in protecting, maintaining and improving the Services; developing new games, features and services; marketing and promoting our Services (including by profiling and marketing to Users); protecting our legal rights and interests; in support of mergers, acquisitions, reorganizations and other business transactions; and to generally operate and improve our business.

·         With your consent: We may process personal information about you based on your consent, for example (where required by law) to send you marketing communications, surveys, news, updates and other communications. In addition, where required by applicable law, we will obtain your consent to this Policy and our collection, use and disclosure of your personal information.  Users may be able to withdraw their consent at any time in accordance with applicable laws. For information on how revoke your consent, please see Section 6 below.

Purposes of Use and Processing. In general, we process your personal data for the following purposes:

·         Providing our Services and related support: Including to operate our Services; to administer contests, programs and promotions; to communicate with Users about their access to and use of our Services; to respond to User inquiries; to fulfil User orders and requests; to process payments; to provide troubleshooting and other technical support; and for other customer service and support purposes. (Legal basis: performance of our contract with you; and for our legitimate business interests)

·         Protecting the integrity of the Services: Including to verify your identity; to detect and prevent fraud, cheating and unauthorized activities; to facilitate software updates; to secure of our systems and the Services; to prevent hacking, cheats and spamming; to enforce our Terms of Use, Code of Conduct, and other applicable terms; and to protect the rights and safety of Users. (Legal basis: performance of our contract with you; compliance with laws; and for our legitimate business interests)

·         Analyzing and improving the Services and our business: Including to better understand how Users access and use our Services; to evaluate and improve the Services and our business operations; to develop new games, features, offerings and services; to conduct surveys and other evaluations; and for other research and analytical purposes. (Legal basis: our legitimate business interests)

·         Personalizing the Services: Including to tailor content we send or display on our websites and other Services (e.g., for your geographic area); to offer personalized help and instructions; to tailor your gameplay experiences; and otherwise personalize your experiences with the Services. (Legal basis: our legitimate business interests)

·         Advertising, marketing and promotional purposes: Including to send or display targeted marketing; to reach you with more relevant ads and to evaluate, measure and improve the effectiveness of our ad campaigns; to send you newsletters, offers or other information we think may interest you; to contact you about our Services or information we think may interest you; and to administer promotions and contests. Where required by applicable law, we will obtain your consent to use your personal information for marketing and related purposes. (Legal basis: our legitimate business interests and/or with your consent)

·         Securing and protecting our business: Including to protect and secure our business operations, assets, Services, network and information and technology resources; to investigate, prevent, detect and take action regarding fraud, cheating, unauthorized access, situations involving potential threats to the rights or safety of any person or third party, or other unauthorized activities or misconduct (Legal basis: our legitimate business interests and/or compliance with laws)

·         Defending our legal rights: Including to manage and respond to actual and potential legal disputes and claims, and to otherwise establish, defend or protect our rights or interests, including in the context of anticipated or actual litigation with Users or third parties. (Legal basis: our legitimate business interests and/or compliance with laws; in Brazil, this also includes the exercise of rights in judicial, administrative or arbitration proceedings in accordance with applicable laws)

·         Auditing, reporting, corporate governance, and internal operations: Including relating to financial, tax and accounting audits; audits and assessments of our operations, privacy, security and financial controls, risk, and compliance with legal obligations; our general business, accounting, record keeping and legal functions; to maintain appropriate business records; to enforce company policies and procedures; and related to any actual or contemplated merger, acquisition, asset sale or transfer, financing, bankruptcy or restructuring of all or part of our business. (Legal basis: our legitimate business interests and/or compliance with laws)

·         Complying with legal obligations: To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority. (Legal basis: our legitimate business interests and/or compliance with laws)

3.                       DISCLOSURE OF YOUR Personal DATA

We may share your personal data with third parties as set forth below:

·         Affiliates and group members: We may disclose your personal data to a member of our corporate group in order to carry out the processing set forth in this Policy.  For example. for purposes of assisting us to market our Services and games, conduct analytics, research and demographic studies, develop and improve the Services, and to help us improve and tailor the Services we provide. Our subsidiary or affiliate companies are subject to this Policy when they use your personal information. We may share your personal information with our parent company Sumo Group Limited and its subsidiaries (the “Sumo Group”), but we will not share your personal data with our ultimate parent, Tencent Holdings Ltd., a public company listed on the Stock Exchange of Hong Kong (SEHK: 0700) and headquartered in China or any of Tencent Holdings Ltd.’s affiliates outside the Sumo Group.

·         Suppliers, subcontractors, service providers: We may engage vendors, agents, service providers, and others to provide services to us or to Users on our behalf, such as support for the internal operations of our websites, online stores (including payment processors), products (such as our games) and services (e.g., forum operations, and technical support processing), as well as related offline product support services, data storage and other services. In providing their services, they may access, receive, maintain or otherwise process personal information on our behalf. Our contracts with these service providers do not permit use of your personal information for their own marketing and other purposes.

·         Platforms: We may also disclose your personal data, to the extent necessary, to game platforms if that is reasonably necessary to the provision of the Services or in order to investigate or prevent fraud. Such platforms may also process your information in order to provide you with cross-device access to your current position in the Game and your in-Game progression, for example.

·         Advertising and analytics: We may engage third parties that provide advertising, campaign measurement, and related services to us (with your consent, where required by applicable laws). They may use this information to help us better reach individuals with relevant ads and to measure and improve our ad campaigns, or to better understand how individuals interact with our Services. In addition, these third parties may combine the information collected from us and our Services with information collected about you from third-party sites, apps and services, in order to make inferences about you and your interests, to better tailor advertising and content to you across multiple sites, apps, and services, and to collect associated metrics.

·         Where legally required: In addition, we may disclose your personal data to the extent that we are required to do so by law (which may include to government bodies and law enforcement agencies); in connection with any legal proceedings or prospective legal proceedings; and to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention).

·         Potential acquirers or investors: If we are involved in a potential or actual merger, acquisition, transfer, sale, bankruptcy or similar transaction, involving all or a portion of our business or assets, , your personal be disclosed as part of such transaction (including related to due diligence associated with such transaction, to the extent permitting by applicable data protection laws).

·         Enforcement: We may also disclose your personal information to third parties in order to enforce or apply the terms of agreements, to investigate potential breaches, or to protect the rights, property or safety of us, our personnel or customers, or others.

·         With Consent: We may also disclose your personal data to other affiliated or third parties where you have consented or requested that we do so.

4.                       Cookies, Analytics and Personalization

We and our third-party providers use cookies, clear GIFs/pixel tags, JavaScript, local storage, log files, and other mechanisms to automatically collect and record information about your browsing activities, gaming performance and use of the Services. We may combine this "activity information" with other personal information we collect about you. Generally, we use this activity information to understand how our Services are used, track bugs and errors, provide and improve our Services, establish matchmaking, verify account credentials, allow logins, track sessions, prevent fraud, and protect our Services, as well as for targeted marketing and advertising, to personalize content and for analytics purposes. 

Below is a summary of these activities.

Log Files. We collect certain activity information from log files. Log file information is automatically reported by your browser or mobile application to our servers when you access our Services. We record certain information from these log files, including web requests, IP address, browser type and version, language information, referring and exiting URLs, links clicked, pages viewed and other similar information.

Cookies. Are small files with a unique identifier that are transferred to your browser through our website. They allow us to remember Users who are logged in, to understand how Users navigate through and use our Services, and to display personalized content and targeted ads (including on third-party sites and applications).

Clear GIFs, pixel tags and web beacons. These are tiny graphics with a unique identifier, similar in function to cookies that we use to track the online movements of Users of our Services and to personalize content. We also use these in our emails to let us know when they have been opened or forwarded, so we can gauge the effectiveness of our communications.

Analytics Tools. We may use internal and third-party analytics tools to collect and aggregate activity data and other data across multiple channels.

Do-Not-Track signals. Please note that our Website does not recognize or respond to any signal which your browser might transmit through the so-called 'Do Not Track' feature your browser might have. If you wish to disable cookies on our Services, you should not rely on any 'Do Not Track' feature your browser might have.

Preferences. You can review or change your preferences for most cookies and tags on our Website (other than those that are necessary to the proper functioning of our websites) by adjusting your cookie settings:

5.                       Data Retention

We will only hold data about you for as long as necessary, bearing in mind the purpose for which that data was collected, or as otherwise described in this Policy. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

6.                       User Rights and Choices

We give Users several easy-to-use ways to access, amend and exercise their choices and rights regarding their personal information.

Subject to the conditions set out in the applicable law, under UK data protection laws and the GDPR. Users have the following rights regards our processing of their personal information:

·         Right of access. If you ask us, we will confirm whether we are processing your personal information and, if necessary, provide you with a copy of that personal information (along with certain other details).

·         Right to correction (rectification). If the personal information we hold about you is inaccurate or incomplete, you are entitled to request to have it corrected. If you are entitled to have information corrected and if we have shared your personal information with others, we will let them know about the rectification where possible.

·         Right to erasure. You can ask us to delete your personal information in some circumstances, such as where we no longer need it or if you withdraw your consent (where applicable). If you request that we delete your personal information, we may do so by deleting your account(s) with us. Brazilian Users may also request the anonymization, blocking or erasure of unnecessary or excessive personal information, or personal information processed in violation of the LGPD.

·         Right to restrict (block) processing. You can ask us to restrict the processing of your personal information in certain circumstances, such as where you contest the accuracy of that personal information or you object to our use or stated legal basis.

·         Right to data portability. You have the right, in certain circumstances, to receive a copy of personal information we have obtained from you in a structured, commonly used and machine-readable format, and to reuse it elsewhere or to ask us to transfer this to a third party of your choice.

·         Right to object. Where our processing is on the basis of our legitimate interests (other than marketing purposes), we must stop such processing unless we have compelling legitimate grounds that override your interest or where we need to process it for the establishment, exercise or defense of legal claims. Where we are relying on our legitimate interests (other than marketing), we believe that we have a compelling interest in such processing, but we will individually review each request and related circumstances.

·         Right to object to marketing. You can ask us to stop processing your personal information to the extent we do so on the basis of our legitimate interests for marketing purposes. If you do so, we will stop such processing for our marketing purposes.

·         Right not to be subject to automated decision-making. You have the right not to be subject to a decision when it is based on automatic processing if it produces a legal effect or similarly significantly affects you, unless it is necessary for entering into or performing a contract between us. Auroch does not engage in automated decision-making. Brazilian Users may also request the revision of any decision made solely on the basis of automatic processing, to the extent such decision affects your interests and applies to our Services.

·         Right to withdraw your consent. In the event your personal information is processed on the basis of your consent, you have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal. Brazilian Users also have the right to be informed about the consequences of denying or withdrawing consent.

·         Right to lodge a complaint. You also have the right to lodge a complaint with a supervisory authority if you consider that our processing of your personal information infringes the law.

Please note that some of these rights may be limited, such as where we have an overriding interest or legal obligation to continue to process the data. Please contact us using the information set out  in Section 12 if you wish to exercise any of your rights or if you have any enquiries or complaints regarding the processing of your personal information by us.

Submitting a Privacy Request. Privacy requests should be directed to the contact information set out in Section 12. Please keep in mind that certain Services will not be available if you withdraw your consent, or otherwise delete or object to our processing of certain personal information. We will respond to your request in accordance with applicable law, and we will inform you if we do not intend to comply with your request.

Additional Information for Users for California Residents. In Section 13, we provide additional information as required under California privacy laws. Users in California, should review this section for more information regarding their rights under these respective laws.

7.                       Security

We have implemented technical and organisational measures to ensure a level of security appropriate to the risk that could be encountered via the use of our Services taking into account the likelihood and severity those risks might pose to the rights and freedoms of our Service visitors and customers.

In particular, we will take precautions to protect against the accidental or unlawful destruction, loss or alteration, and unauthorised disclosure of or access to the personal data transmitted, stored or otherwise processed by us.

8.                       International Data Transfers

We have servers, operations and service providers in the European Union, the United States and other jurisdictions; some of these jurisdictions (including the United States) may not provide equivalent data protection laws as your home jurisdiction.  We will take steps to ensure that your personal information receives an adequate level of protection in the jurisdictions in which we process it, including through appropriate written data processing terms and/or data transfer agreements where necessary. Such appropriate safeguards may include standard data protection clauses adopted by a data protection regulator and approved by the European Commission, such as the European Commission’s standard contractual clauses, or other appropriate measures.

If you would like to find out more about these safeguards or if you have any other queries or comments in relation to this Policy, please contact us at help@aurochdigital.com.

9.                       Children

We do not use the Services to knowingly solicit data from or market to children under the age of 13.

If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at help@aurochdigital.com. We will endeavour to delete such information within a reasonable time.

10.                   third party links

If you follow a link from the Service to any third party websites, you should be aware that those websites may have their own privacy policies. We do not accept any responsibility or liability for those websites. Please check the policies of any third party websites before submitting any personal data to those websites.

11.                   UPDATES TO THIS PRIVACY POLICY

We may make changes to this Policy in the future, which will be posted on this page. You should check this page from time to time to ensure you are aware of any changes. Where appropriate we may notify you of changes, such as by email.

12.                   CONTACT US

You may contact us regarding this Policy or submit a privacy request to us at email: help@aurochdigital.com

13.                   ADDITIONAL INFORMATION for CALIFORNIA rESIDENTS

Below, we provide information, as required under California privacy laws, including the California Consumer Privacy Act ("CCPA"), which requires that we provide California residents certain specific information about how we handle their personal information, whether collected online or offline. This section does not address or apply to our handling of publicly available information made lawfully available by state or federal governments or other personal information that is subject to an exemption under the CCPA.

Categories of Personal Information We Collect and Disclose. Our collection, use and disclosure of personal information about a California resident will vary depending upon the circumstances and nature of our interactions or relationship with such resident. We may collect personal information from the following sources:

·         Our affiliates and subsidiaries

·         Third-party platforms

·         Third-party sites and services

·         Ad networks

·         Analytics providers

·         Social networks

·         Internet service providers

·         Operating systems and platforms

·         Our vendors and service providers

The table below sets out generally the categories of personal information (as defined by the CCPA) about California residents that we may collect, sell, and disclose to others for a business purpose. We collect and disclose this personal information for the purposes described in Section 1 of this Policy. We do not sell the personal information of California residents.

Personal Information Collected

Categories of Third Parties to Whom We May Disclose this Information

Categories

Uses

Customer Records

Includes your account and profile information and customer records that contain personal information, such as username, name, demographics and other characteristics or descriptions, email, address, telephone number, and other contact information, account credentials, communications preferences, billing and payment information, customer service and support tickets and records), and other information individuals provide us in order to register for, access or purchase our Services.

None.

Usage Data

Includes browsing history, clickstream data, search history, access logs, information regarding your interactions with our websites, mobile apps and other Services and our marketing emails and online ads, and other and other usage data related to your use of the Services, such as language and preferences, in-game purchases, game-play statistics, scores, persona,  achievements, rankings, time spent playing, click paths, game profile, preferences and friends, as well as your comments, posts and interactions in forums and communities.

None.

Inferences

Includes inferences drawn from other personal information that we collect to create a profile based on your account and activities, that reflect your preferences, characteristics, behavior, attitude and abilities related to the Services.

None.

California Residents' Rights. California law grants California residents certain rights and imposes restrictions on particular business practices as set forth below.

Do-Not-Sell. California residents have the right to opt-out of our sale of their personal information. We do not sell personal information about Californi residents. Requests to Delete. Subject to certain exceptions, California residents have the right to, at no charge, request deletion of their personal information that we have collected about them and to have such personal information deleted, except where an exemption applies.

Request to Know. California residents have the right to request and, subject to certain exemptions, receive a copy of the specific pieces of personal information that we have collected about them in the prior 12 months and to have this delivered, free of charge, either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, readily useable format that allows the individual to transmit this information to another entity without hindrance. California residents also have the right to request that we provide them certain information about how we have handled their personal information in the prior 12 months, including the:

·         categories of personal information collected;

·         categories of sources of personal information;

·         business and/or commercial purposes for collecting and selling their personal information;

·         categories of third parties/with whom we have disclosed or shared their personal information;

·         categories of personal information that we have disclosed or shared with a third party for a business purpose; and

·         categories of third parties to whom the residents’ personal information has been sold and the specific categories of personal information sold to each category of third party.

·         California residents may make a Request to Know up to twice every 12 months.

Submitting Requests to Know and Delete. Requests to Know and Requests to Delete may be submitted online or by email at help@aurochdigital.com. 

When you submit a request to know or a request to delete, we will take steps to verify your request by matching the information provided by you with the information we have in our records. You must complete all required fields on our webform (or otherwise provide us with this information via the above email address) and verify your access to the registered email address for your account, in order to verify your request. In some cases, we may request additional information in order to verify your request or where necessary to process your request. If we are unable to adequately verify a request, we will notify the requestor. Authorized agents may initiate a request on behalf of another individual by contacting us in writing at the contact information set forth above, in Section 12. Contact Details; authorized agents will be required to provide proof of their authorization and we may also require that the relevant consumer directly verify their identity and the authority of the authorized agent. We will respond to verifiable requests received from California residents as required by law.

Right to Non-Discrimination. The CCPA prohibits discrimination against California residents for exercising their rights under the CCPA. Discrimination may exist where a business denies or provides a different level or quality of goods or services, or charges (or suggests that it will charge) different prices, rates, or penalties on residents who exercise their CCPA rights, unless doing so is reasonably related to the value provided to the business by the residents' data.

Financial Incentives. California residents have the right to be notified of any financial incentives offers and their material terms, the right to opt-out of such incentives at any time and may not be included in such incentives without their prior informed opt-in consent. Where we offer any financial incentives under the CCPA, we will notify you in advance of the material terms of such incentives and your related rights, before we obtain your consent to such incentives.

For more information about our privacy practices, you may contact us as set forth above, in Section 12.

This agreement (“Terms of Use Agreement”) applies to and governs use of Democracy 4 (“Game”), and the services we make available to you via the Game.

Please read the following carefully before using, downloading, purchasing or installing the Game. By doing any of the foregoing, you are agreeing to be bound by and become a party to this Terms of Use Agreement. If you do not agree with the terms of this Terms of Use Agreement, you may not use, download or install each Game.

USERS IN THE UNITED STATES: FOR USERS WHO ARE A RESIDENT OF THE UNITED STATES OR USE THE GAME FROM WITHIN THE UNITED STATES (EACH A “U.S. USER”), SECTION 17 OF THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION THAT APPLY TO YOU, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH AUROCH DIGITAL.  YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

AUROCH DIGITAL LIMITED (“Auroch”, "we", "us") is a company registered in England and Wales under company number 07389229 and with registered office at 32 Jessops Riverside, 800 Brightside Lane, Sheffield, United Kingdom, S9 2RX. If you have any queries concerning this Terms of Use Agreement you may contact us at: help@aurochdigital.com

1.               Limited Use LicenCe 

1.1            Auroch hereby grants a limited, non-exclusive right and licence to you for you to download, install (if applicable) and use the Game for your personal, non-commercial use only on compatible devices that are owned by you, subject to the terms of this Terms of Use Agreement. This Terms of Use Agreement and your use of the Game does not give you any rights of ownership in any property whether tangible or intangible.

1.2            The Game comprises of copyright works of Auroch and/or its licensors. The Game is licensed, not sold. The license granted to you by Clause 1.1 above confers no title or ownership in the Game. The Game is solely for personal, non-commercial use by end users according to the terms of this Terms of Use Agreement. Any use, reproduction or redistribution of the Game not in accordance with the terms of this Terms of Use Agreement is expressly prohibited.

1.3            We are excited to see you enjoy the Game, and love seeing you create your own content around the Game.  As long as you follow the rules in this Terms of Use Agreement you can also use the Game in the following ways:

1.3.1       Share screenshots, streams and/or videos of your gameplay;

1.3.2       Include ads in pre-recorded or live streamed gameplay videos which you share via sites like Twitch or YouTube (as long as it doesn’t seem like an endorsement by us); and

1.3.3       To create pre-recorded or live streamed gameplay videos of your playing the Game which you share via sites like Twitch or YouTube, that you may monetise for example by receiving revenues from Twitch or YouTube, or in creating Patreon (or similar platform) exclusive content that end-users may pay you to access (as long as you comply with the other terms of this Terms of Use Agreement).

2.               End User Obligations

2.1            You must not do any of the following with the Game except to the extent expressly permitted by this Terms of Use Agreement:

2.1.1        sell, copy, reproduce, translate, communicate, reverse engineer, publish,  distribute, rent, loan, sub-license, derive source code from, modify, adapt, merge, disassemble, decompile, create derivative works based on or otherwise transfer or deal in copies or reproductions of the Game or any part or interest in it to other parties in any way (except where the Game expressly permits you to do so through sharing content in that Game / on social media);  

2.1.2        engage in any act that Auroch deems to be in conflict with the spirit or intent of the Game including without limitation using cheats, exploits, automation software, bots, hacks, mods or any unauthorised third-party software designed to modify or interfere with the Game;

2.1.3        attempt to gain unauthorised access to the Game or to the computers, devices, servers, or networks connected to them by any means other than the user interfaces provided by Auroch or its licensors; or

2.1.4        use the Game for any illegal or immoral purposes.  

3.               Ownership; Intellectual property

3.1            All right, title, interest and ownership rights and any and all copyrights, design rights, database rights, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications or extensions therefor and all other intellectual property rights of any similar or equivalent type in any territory of the world (“Intellectual Property Rights”), in or connected with the Game and each part thereof (including by way of example only any titles, code, themes, objects, concepts, artworks, animations, audio-visual effects and methods of operation) and any copies, translations, modifications, adaptations and any other derivative based on the Game are owned by, belong to and vest in Auroch and its licensors.

3.2            The Game may contain certain licensed materials licensed by third parties to Auroch or its licensors. All trademarks and other rights are the property of their respective owners.

3.3            The Game may include intellectual property, or references, relating to third parties such as (without limitation) real-world events, people, organisations, places, stadia, venues, companies and competitions or other real-world references. Except where we may have licensed rights from the relevant party, we do not represent that we have a connection with or any arrangement with such rights owners. We may in some instances make limited use of unlicensed third-party intellectual property for the limited purposes of providing information about and/or to identify real-world facts in an honest and fair way and as permitted by applicable law.

3.4            INTELLECTUAL PROPERTY INFRINGEMENT. We respect the Intellectual Property Rights of others and encourage you to do the same. Accordingly, we have a policy of removing user content or other submissions that violate intellectual property rights of others, suspending access to the Game (or any portion thereof) to any user who uses the Game in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Game in violation of someone’s intellectual property rights.

3.4.1       Submitting a Complaint. If you believe your copyright or other intellectual property right is being infringed by a user of the Game, please provide written notice to us:

Attn: Legal 

Email: help@auroch-digital.com

To be sure the matter is handled immediately, your written notice must:

1.    identify the copyrighted work or other intellectual property alleged to have been infringed and your right, title and/or interest in such copyrighted work or intellectual property right;

2.    identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;

3.    explain how such material infringes your right, title and/or interest in the copyrighted work or intellectual property right;

4.    contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); and

5.    if you are not the owner of the copyright or intellectual property right alleged to have been infringed, provide a statement detailing how you are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, we will be unable to address the listed concern.

3.4.2        Submitting a Counter-Notification.  We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received take-down notice. In response, you may provide us with a written counter-notification that includes the following information:

1.    Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

2.    A statement that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

3.    your name, address and telephone number.

3.4.3        Termination of Repeat Infringers.  We reserve the right, in our sole discretion, to terminate the account or access of any user of the Game who is the subject of repeated infringement notifications. 

3.5            Feedback. Any submissions by you to us (e.g., comments, posts, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., posts submitted to social media platforms, reviews of the Game submitted to a platform, call, fax, email) will be treated as both non-confidential and non-proprietary.  Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback.  Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion.  Notwithstanding the foregoing, you understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

4.               Termination

4.1            This Terms of Use Agreement and the licences granted by it are effective until terminated.

4.2            We may temporarily discontinue the Game, at any time for the purposes of upgrades, maintenance or other service administration reasons. We will use our reasonable endeavours to limit the length of time this occurs for.

4.3            You may terminate this Terms of Use Agreement at any time and for any reason by deleting and removing the Game from your device. 

4.4            We may terminate this Terms of Use Agreement if you fail to abide by any of the terms and conditions of this Terms of Use Agreement at any time and for any reason, or if we reasonably suspect that you have failed to abide by any of the terms and conditions of this Terms of Use Agreement. We may take any action we deem reasonable in our sole discretion against users who do not comply with the terms of this Terms of Use 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 Terms of Use Agreement. However, if what you have done can be put right we will give you a reasonable opportunity to do so.

4.5            Without prejudice to the other provisions in this Terms of Use 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 if your use of the Game was provided to you free of charge, you will not be entitled to any compensation or any refund; and

4.6            Following termination of this Terms of Use Agreement for the Game for any cause, you will no longer be permitted to use the Game and you will be required to delete the Game from your devices. Please be aware that, where applicable, any rankings, scores, saved games, message history, progression history or other information or data relating to your Game user account (where applicable) may thereafter be deleted and/or become inaccessible.

5.               Warranty and Limitation of Liability

5.1            Auroch warrants that it has used and will use reasonable efforts to ensure that:

5.1.1       it is entitled to grant the rights and licences granted hereunder; and

5.1.2       each Game will be as described, fit for purpose, and of satisfactory quality.

5.2            Except as specifically provided in this Terms of Use Agreement and to the maximum extent permitted by law:

5.2.1       EACH Game is provided on an "as is" and “as available” basis. other than those WARRANTIES EXPRESSLY set out in this Terms of Use aGREEMENT, we expressly disclaim all warranties and guarantees of any kind (express, statutory or implied), INCLUDING ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS;

5.2.2       Auroch only accepts liability for direct loss as a result of its breach of its warranties in clause 5.1 above, unless otherwise set out in this Terms of Use Agreement;

5.2.3       Subject to clauses 5.3 and 5.2.4, Auroch and its licensors’ maximum liability will be limited to the greater of: (i) the price you paid for the Game; or (ii) the amounts paid by you to Auroch; and

5.2.4       Auroch and its licensors will not in any event be liable in any way for any EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAl, consequential or indirect loss or damage (INCLUDING for LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE, except to the extent that damage to your device or other digital content which you own is caused by the Game as a result of Auroch's failure to use reasonable care and skill, in which case you may be entitled to compensation or Auroch may be obliged to repair your device).

5.3            This Terms of Use Agreement shall not limit any rights you might have as a consumer that may not be excluded or limited under applicable law nor shall it exclude or limit any liability for fraud, fraudulent misrepresentation, death or personal injury caused by Auroch’s negligence.

6.               AGE RESTRICTIONS

Auroch does not target the Game to users under 13 years of age. To use the Game you must be both: (a) of an age which meets the minimum age certification requirement of the Game in the territory you are in (where applicable); and (b) in any event, you must be over the age of 13 years. By using the Game you therefore confirm that you are over 13 years of age and, where you are under 18, you confirm that you have your parent’s or guardian’s consent and that your parent or guardian has read and agreed to these terms.

7.               USER RULES

7.1            You further agree that you will not in any way conduct yourself in a manner which is illegal or which gives rise to civil or criminal liability or which might call into disrepute Auroch or the Game.

7.2            You will cooperate fully with Auroch to investigate any suspected illegal, fraudulent or improper activity.

8.               Consumer Rights AND ALTERNATIVE DISPUTE RESOLUTION

8.1            This Terms of Use Agreement shall not limit any rights you might have as a consumer that may not be excluded or limited under applicable law.

8.2            Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint you may choose to make, you may want to consider an alternative dispute resolution provider. The European Commission provides a platform for online dispute resolution which can be found at: http://ec.europa.eu/consumers/odr/. For the purposes of Regulation (EU) 524/2013, we are not required to use and we do not use an alternative dispute resolution service, unless you are a U.S. User in which case Section 17 of this Terms of Use Agreement applies to you.

9.               THIRD PARTY TERMS. 

9.1            Should you purchase or play the Game via any platform, you agree to that specific platform terms of use. Additionally, the terms of this clause relevant to the platform on which you purchase or play the Game shall apply to you. In case of conflict between the terms of such platform and the terms of this Terms of Use Agreement, the terms of such platform shall prevail over the terms of this Terms of Use Agreement.

9.2            Sony Terms of Use

10.3.1  For end-users that have purchased the Game through a Sony PlayStation store then any content purchased in an in-game store may be purchased from Sony Interactive Entertainment Network Europe Limited (“SIENE”) and be subject to the PlayStation™ Network Terms of Service and User Agreement which is available on the PlayStation™ Store.  Please check usage rights for each purchase as these may differ from item to item.  Unless otherwise shown, content available in any in-game store has the same age rating as the Game.

10.3.2 For end-users based in the United States of America that have purchased the Game through a Sony PlayStation store this online service has been sublicensed to you by Sony Interactive Entertainment America.

10.           Indemnity and Remedies

10.1         You hereby indemnify (agree to compensate), and agree to defend and hold Auroch and Auroch’s affiliates, officers, directors, owners, licensors, service providers, partners, contractors, employees, agents and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities, claims, costs and expenses (including legal expenses and lawyers’ fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Terms of Use Agreement or claims arising directly or indirectly from your use or misuse of the Game, and any negligent or improper use of your device, password and username; and / or any use otherwise than in accordance with the terms of this Terms of Use Agreement. You shall fully cooperate with Auroch in the defence of any such claim and Auroch reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

10.2         You further agree that the subject matter of this Terms of Use Agreement is of a unique character with special value and that Auroch would be irreparably damaged if the terms of this Terms of Use Agreement were not specifically enforced, and therefore you agree that Auroch shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies (including injunctive relief) with respect to breaches of this Terms of Use Agreement, in addition to such other remedies as Auroch may otherwise have available to it under applicable laws.

10.3         Auroch's licensors shall be third-party beneficiaries under this Terms of Use Agreement and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.

10.4         The following applies to users who are not U.S. Users:

10.4.1      If you make a digital content purchase from Auroch directly, you are entitled to cancel the purchase within 14 days and to receive a full refund (your "Cooling-Off Right"). However, where you agree that we may begin to supply you with the digital content before the end of that period, then you will no longer be entitled to change your mind about the purchase and obtain a refund.

10.4.2      If you have made a purchase from Auroch, have not begun using the content and wish to exercise your Cooling-Off Right you can contact us by email or post using the following form:

To: Auroch Digital Limited

32 Jessops Riverside Brightside, Lane, Sheffield, S9 2RX.

I hereby give notice that I withdraw from my contract for the following purchase: [INSERT ORDER ID, ITEM], for game [INSERT GAME NAME], ordered on [INSERT DATE].

From: [YOUR NAME]

[YOUR ADDRESS]

[YOUR EMAIL / TELEPHONE (optional)]

Date: [DATE]

10.4.3      Section 12.2 does not apply to U.S. Users.

11.           DEVICE AND INTERNET REQUIREMENTS

You are responsible for ensuring that you have an internet connection and that the device you use has sufficient system capabilities and memory in order to, as each are applicable, download, install, play and store the Game.

12.           DATA PROTECTION

Please be aware that any personal data you supply to us when using the Game is subject to our Privacy Policy and Cookie Policy, which are incorporated by reference herein. Please read our Privacy Policy and Cookie Policy for information regarding our processing of your personal data which can be found at https://www.aurochdigital.com/legal.

13.           CHANGES TO THIS TERMS OF USE AGREEMENT

We may alter the Game and the services we offer or make available to you and/or choose to modify, suspend or discontinue Game at any time and without notifying You.  We also may change, update, add or remove the terms of this Terms of Use Agreement from time to time for any reason.  We will notify you of such changes by posting the updated version to our website https://www.aurochdigital.com/legal and/or in-Game, and/or by notifying you at your email address of record with us.  Changes to the Terms of Use Agreement take effect only where they are permitted by law and made available to you for your agreement. Every time you launch the Game on your device, install or otherwise use the Game or purchase the Game you are deemed to have accepted the latest version of this Terms of Use Agreement in place at that time. Please check on our website https://www.aurochdigital.com/legal (and/or in-Game, if we provide you with this Terms of Use Agreement there) for any updates to the Terms of Use Agreement each time you launch the Game on your device.

14.           GENERAL

14.1         This Terms of Use Agreement constitutes the entire agreement between Auroch and you in respect of its subject matter and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between you and us related to the Game.  The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of this Terms of Use Agreement.

14.2         Even if we delay in enforcing this Terms of Use Agreement and/or our rights, we can still enforce this Terms of Use Agreement and/or our rights later. If we do not insist immediately that you do anything you are required to do under this Terms of Use Agreement, or if we delay in taking steps against you in respect of your breaking of any term of this Terms of Use Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

14.3         We may transfer our rights and obligations under this Terms of Use Agreement to another organisation (such as, without limitation, in the event of a business restructure or acquisition). We will let you know if that happens, and we will ensure that your rights under this Terms of Use Agreement are unaffected. You may not transfer your rights or obligations under this Terms of Use Agreement unless we expressly agree to the transfer in writing.

14.4         Except where expressly stated to the contrary in this Terms of Use Agreement, this Terms of Use Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Terms of Use Agreement.

14.5         In the event that any provision of this Terms of Use Agreement (including, without limitation, any restriction) shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be interpreted in such a way as to ensure it is enforced to the maximum extent permissible in a manner reflecting the parties' intentions and the remaining portions of this Terms of Use Agreement shall, in any event, remain in full force and effect.

14.6         For users outside of the United States, the following terms shall apply:

14.6.1  This Terms of Use Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.

14.6.2  In addition, you may have the legal right to bring proceedings in your local jurisdiction and, if this is the case, then you may bring proceedings there. For instance, if you live in Scotland you can bring legal proceedings in respect of the relevant Game in either the Scottish or the English courts.

14.6.3  Section 16.6 does not apply to U.S. Users.

14.7         The following terms shall apply to U.S. Users:

14.7.1     The Federal Arbitration Act, Oregon state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern this Terms of Use Agreement.  Foreign laws do not apply.  Except for disputes subject to arbitration as described above, any disputes relating to these Terms will be heard in the courts located in Portland, Oregon.  If any of the terms of tis Terms of Use Agreement are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. 

14.7.2     Section 16.7 shall only apply to U.S. Users.

15.           DISPUTE RESOLUTION AND ARBITRATION AND CLASS ACTION WAIVER FOR U.S. USERS.

This Provision applies to U.S. Users.  If you are a U.S. User, please read this Section 17 (the “Provision”) carefully.  It affects your legal rights. 

15.1         General. This Provision facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and us.  Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.  This Provision provides that all disputes between you and us shall be resolved by binding arbitration because acceptance of the Terms of Use Agreement (which includes this Provision) constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury.  To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited.  The arbitrator must follow this Provision and the Terms of Use Agreement and can award the same damages and relief as a court (including attorney’s fees).  you may, however, opt-out of this Provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).  EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

15.2         Pre-Arbitration Claim Resolution.  For all disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the dispute which is first done by emailing us at help@aurochdigital.com the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) A description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, than you may pursue your dispute in arbitration.  you may pursue your dispute in a court only under the circumstances described below.

15.3         Exclusions from Arbitration/Right to Opt Out.  Notwithstanding the above, your or we may choose to pursue a dispute in court and not by arbitration if: (a) the dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”).  you may opt-out of this Provision by emailing us at help@aurochdigital.com the following information: (1) your name; (2) your address; (3) a clear statement that you do not wish to resolve disputes with us through arbitration. your decision to opt-out of this Provision will have no adverse effect on your relationship with us.  But, we will enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.

15.4         Arbitration Procedures.  If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings.  The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator.  The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply.  In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply.  The AAA rules are available at www.adr.org or by calling 1-800-778-7879.  For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply.  The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.  This Provision governs in the event it conflicts with the applicable arbitration rules.  Under no circumstances will class action or representative procedures or rules apply to the arbitration.

Because these Terms of Use Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes.  However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

15.4.1    Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding.  The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

15.4.2    Location of Arbitration – you or we may initiate arbitration in either California or the federal judicial district that includes your billing address.

15.4.3    Payment of Arbitration Fees and Costs – So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration.  But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses.  In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

15.5         Class Action Waiver.  Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and we specifically agree to do so in writing following initiation of the arbitration.  If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you.  Neither you, nor any other user of the Game can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

15.6         No Judge or Jury in Arbitration. Arbitration does not involve a judge or jury.  you understand and agree that by entering into these Terms of Use Agreement you and we are each giving up the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and we might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions).  Except as otherwise provided below, those rights are waived.  Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.

15.7         Severability. If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect.  If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the dispute will be decided by a court.

15.8         Continuation. This Provision shall survive the termination of your account with us or Our affiliates and your discontinued use of the Game.  Notwithstanding any provision in this Terms of Use Agreement to the contrary, we agree that if we make any change to this Provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the present language in this Provision if a dispute between us arises.