Gameloft | Terms and Conditions

Terms of use updates

TERMS OF USE

These Terms of Use are effective as of January 1, 2008 and were last modified on 2024-08-21 08:25:48.

Gameloft offers its services through Gameloft SE, a Societas Europaea headquartered at 14 rue Auber, 75009 Paris, France, and registered under the n° 429 338 130 at the Paris Trade and Companies Register (hereinafter referred to as “Gameloft”).

GENERAL

How to opt in / opt out:

To opt in to our newsletters, you can register from our website: www.gameloft.com. To opt out, click on the “unsubscribe” link in the body of the newsletter/email you received. You can also request it via the unsubscribe page: https://www.gameloft.com/zz/un-subscription-page.

To opt in to our Store/shop services, you can register from our store at www.gameloft.com.

If you wish to exercise your rights, namely (but not limited to) deleting all personal data accessed by Gameloft, please consult our Privacy Policy under section 10 “Your rights”. Your rights can be exercised by contacting us through this form.

How to get help or support:

To get help, please visit our Customer Care portal at https://support.gameloft.com/. You can also email us at support@gameloft.com.

Gameloft ("we", "our" or "us") operates the Gameloft website (the "Site"), provides various apps, games and social networks (the "Apps"), and offers certain other features, content, or contests from time to time (collectively, "Additional Features") (the Site, Apps, and Additional Features shall hereinafter sometimes be collectively referred to as the "Services").

These Terms of Use ("Agreement") include our policy for acceptable use of the Services and govern your rights, obligations and restrictions regarding your use of the Services. You are only authorised to use the Services if you agree to abide by all applicable laws and this Agreement. By using the Services, you agree to be bound by this Agreement.

Because your privacy is important to us, this Agreement also incorporates, by this reference, our Privacy Policy (https://www.gameloft.com/privacy-notice), which explains how we collect and use your content and information. Please read the Privacy Policy.

Your access and use of the Services constitutes your representation and warranty that you are of legal age to form a binding contract, and if not of legal age, that you access and use the Services with the permission of a parent or legal guardian, and that you are not a person barred from using or receiving the Services by any local, state, federal or international law.

In order to participate in certain Services, you may be notified that you are required to agree to additional terms and conditions, and such additional terms are hereby incorporated into this Agreement by this reference, but such additional terms and conditions shall control solely for the applicable Service.

I. YOUR ACCOUNT / PASSWORD SECURITY / SUSPENSION, TERMINATION

When you access the Apps for the first time, you may be asked to indicate your age. Please consider we need it to tailor your experience in-game. We may therefore apply some age restrictions to our Apps and you agree and acknowledge that some of our Apps require you to be thirteen (13) years of age and above.

In order to benefit from some features of the Services, you may be required to register an account (an "Account"). When creating or updating an Account, you are required to provide us with certain personal information, which may include your name, date of birth, email address, and, in some cases, payment information. This information will be held and used in accordance with our Privacy Policy at https://www.gameloft.com/privacy-notice.

You may never use another's Account without permission. You are prohibited from registering a new Account if you have previously had an Account terminated.

You are responsible for (i) keeping confidential any password that you created to use any aspect of the Services requiring registration, and (ii) restricting access to your computer, console, or mobile device. You agree to accept full responsibility for all activities that occur within your Account. You must notify us immediately of any breach of security or unauthorised use of your Account.

Although we will not be liable for your losses caused by any unauthorised use of your Account, whether with or without your knowledge, you may be liable for our losses or the losses of our third-party licensors, content providers, merchants, advertisers, sponsors, and service providers (collectively, "Gameloft Providers") due to such unauthorised use.

Without limiting anything in this Agreement, we reserve the right, in our sole discretion, to restrict, suspend, or terminate your Account and/or your access to any or all parts of the Services at any time, for any or no reason, with or without prior notice, and without liability, including in the event we stop offering any aspect of the Services. We expressly reserve the right to restrict, suspend and/or terminate your access to any part of the Services if we determine, in our sole discretion, that you have violated any of the terms of this Agreement.

II. PURCHASES / PAYMENTS / REFUNDS

We may charge fees associated with certain Services, including, without limitation, for subscriptions, the download of Apps, and the purchase of Virtual Items (as defined below). Such products or services will be made available for purchase on specified pages of the Site, within the Apps, on Gameloft Providers’ websites or platforms (including third-party marketplaces), or otherwise as indicated through the Services. In the event of any fee changes by Gameloft, Gameloft will provide you with commercially reasonable notice of such charge.

The price of any product or service purchased through the Services will be the price specified at the time of your purchase. Prices for all products and services exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the extent permissible by law, you agree to be responsible for any such applicable taxes and telecommunication charges.

Your purchase of any App, Virtual Item or other content through the Services constitutes your representation and warranty that you are of legal age to form a binding contract, and if not of legal age, that you have placed such order with the permission of a parent or legal guardian, and that you are not a person barred from using or receiving the Services by any local, state, federal or international law.

When you provide credit card information to us, you represent that you are the authorised user of the credit card that is used to pay the subscription or other fees. If you order a subscription, each month that you use the Services, you agree and reaffirm that we are authorised to charge your credit card for the subscription fee. You agree to promptly notify us of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify us if your credit card expires or is cancelled for any reason. We reserve the right to collect applicable taxes for certain Services. We will notify you of any modification of applicable fees by the means described in section VIII below. You will have ten business days to terminate your subscription plan or applicable Service following this notification. In the event that you do not terminate your access to the Service within this timeframe, the new applicable fees will apply to your subscription plan or applicable Service.

When you are using our Services through a carrier (e.g. mobile service plan, preloaded games, subscriptions), message and data rates may apply, depending on the terms of your individual mobile service plan. Gameloft fees for one-time purchase of games or subscriptions may vary depending on your carrier, your country of residence and the game you select. These charges are billed to your mobile phone bill or will be deducted from your prepaid balance. They will appear under "Gameloft" on your mobile phone bill.

Apps, Additional Features and Virtual Items can be downloaded in connection with the Services for a charge. We assume no liability for purchaser error; trial versions; software purchased for the wrong telephone, device or platform; promotional codes or discounts not provided at the time of purchase ("Purchaser Errors"). We will not be liable for any errors on billing statements issued to you by your carrier or the Gameloft Providers’ websites or platforms (including third-party marketplaces). You accept full responsibility for confirming that the phone or other device manufacturer, phone or other device model, and carrier are supported and that the phone or other device is compatible with the products or services purchased, downloaded or otherwise obtained by you through the Services. If you have other questions in connection with any product or service available through the Services, please contact the Gameloft technical team at https://support.gameloft.com/. Please read the system requirements very carefully before making any purchases.

Right of cancellation: If you choose to cancel your order, you may do so within 14 days from when you received your receipt without giving any reason. To cancel your order, you must inform us of your decision via a declaration by mentioning the reference of the purchase, the date of the purchase, your name and your address, sent to the following address -- support@gameloft.com -- or via our Customer Care portal at https://support.gameloft.com/. To meet the cancellation deadline, you must send your communication of cancellation before the 14-day period has expired. If you choose to cancel your monthly subscription, you may do so pursuant to the terms.

Effects of cancellation: We will reimburse you no later than 14 days from the day on which we receive your cancellation notice. We will use the same means of payment as you used for the transaction, and you will not incur any fees for such reimbursement.

Exception to the right of cancellation: You cannot cancel your order for the supply of digital content if the delivery has started upon your request and acknowledgement that you thereby lose your cancellation right.

CERTAIN APPS ALLOW YOU TO PURCHASE VIRTUAL ITEMS (AS DEFINED BELOW) WITHIN THE APP. SUCH PURCHASES MAY BE MADE AVAILABLE IN BOTH APPS WHICH YOU MUST PURCHASE TO DOWNLOAD AS WELL AS APPS WHICH ARE FREE TO DOWNLOAD. IN ADDITION, CERTAIN APPS, INCLUDING THOSE THAT ARE FREE TO DOWNLOAD, MAY CONTAIN THIRD-PARTY ADVERTISEMENTS THAT MAY REDIRECT YOU TO A THIRD-PARTY SITE.

III. VIRTUAL ITEMS

Certain Services may allow you to "earn" or "purchase" (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Services; (b) virtual in-game items (together with virtual currency); or (c) certain in-game benefits ("Virtual Items"). Virtual Items have no real-world value and cannot be redeemed for actual currency, goods or other items of monetary value, including in the event that you have unused Virtual Items remaining in your account at the time your account is closed, whether such closure was voluntary or not. All sales of Virtual Items are final. Aside from the right of cancellation described in section II above and to the extent permitted by law, no refunds will be given, except in our sole and absolute discretion.

The purchase of any Virtual Item is merely the purchase of a licence to use the Virtual Item in the applicable Services and does not transfer ownership of that Virtual Item to you. This licence is personal to you and cannot be sold, transferred, assigned, gifted, traded or sublicensed. Accordingly, we expressly prohibit and do not recognise any purported sales, transfers, assignments, gifts, trades or sublicences of Virtual Items, whether for "real money," goods or any other exchange outside of the Services. Any such transfer or attempted transfer is prohibited and void, and may subject you to a termination of your account, a lifetime ban from our products and services, and even legal action.

IV. ONLINE CONDUCT

You, as a user, agree to use the Services only for lawful purposes. Specific prohibited activities include, but are not limited to:

1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

2. promoting illegal or tortious activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

3. using photos and/or pictures that are sexually explicit or pornographic, exposing the female breast or full exposure of either male or female buttocks, or any or all portions of the human genitalia; exposing anyone or anything involved in explicit sexual acts and/or lewd and lascivious behaviour, including masturbation, copulation, paedophilia, intimacy involving nude or partially nude people in heterosexual, bisexual, lesbian, or homosexual encounters; depicting anyone or anything that is crudely vulgar or grossly deficient in civility or behaviour or that shows scatological impropriety and any other content contravening good moral standards;

4. attempting to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;

5. using cheats, exploits, automation software, bots, hacks, mods or any other unauthorised software designed to modify or interfere with the Services, and taking advantage of cheats or exploits;

6. using any software that intercepts, mines, or otherwise collects information about other users or copies and stores any Proprietary Materials (as defined below);

7. interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;

8. attempting to impersonate another user or person;

9. soliciting personal information from anyone under 18;

10. collecting, harvesting, soliciting or posting passwords or personally identifiable information from other users;

11. using the account, username, or password of another account holder at any time or disclosing your password to any third party or permitting any third party to access your Account;

12. using any information obtained from the Services in order to harass, abuse, or harm another person;

13. using any unfair, misleading or deceptive content intended to draw traffic to one’s profile;

14. using the Services in a manner inconsistent with any and all applicable laws and regulations, including U.S. export and re-export control laws and regulations;

15. sublicensing, renting, leasing, selling, trading, gifting, bequeathing or otherwise transferring your account or any Virtual Items associated with your account to anyone;

16. accessing or using a third-party account or any Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the holder or the original account creator;

17. using multiple accounts, manual procedures, bots, scripts or other processes in order to accumulate or "farm" Virtual Items, or for any other purpose prohibited under this Agreement;

18. using the Services in a commercial manner, including the transferring of Virtual Items in exchange for "real-world" money;

19. making any automated use of the Services (playing more than 24 hours in a row is considered as automated use) or taking any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.

You will immediately be banned from the Services if you are found to be participating in any one of these activities. Any conduct by you in violation of the foregoing prohibitions may result in the suspension or termination of your Account and your access to the Services.

V. CONTENT

A. Proprietary Rights

With the exception of content posted by users of the Services ("User Content"), all materials contained on the Services, including all content, the Virtual Items and the software, graphics, text and look and feel of the sites, and all trademarks (including GAMELOFT® and the titles of all of our Apps), copyrights, patents and other intellectual property rights related thereto ("Proprietary Materials"), are owned or controlled by Gameloft, our subsidiaries or affiliated companies, our third-party licensors, and/or our advertising partners. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of the Services, in whole or in part. Subject to your compliance with this Agreement and any other relevant policies related to the Services, we grant you a non-exclusive, non-transferable, revocable limited licence subject to the limitations herein to access and use the Services and Proprietary Materials for your own non-commercial entertainment purposes consistent with the intended purpose of the Services. You agree not to use the Service for any other purpose.

As referenced above, even though you may buy Virtual Items with "real-world" money, you do not, in fact, "own" such items. By making such a purchase, you are merely being granted a licence to use such Virtual Items in the applicable Apps or other Services for which such Virtual Items can be used. The Virtual Items have no real-world value and are not in any way a credit or balance of real currency or its equivalent. In no event can any Virtual Items be redeemed for actual, "real-world" currency. We have the sole and absolute right to manage, regulate, control, modify and/or eliminate such Virtual Items as we see fit in our sole discretion, and shall have no liability to you or anyone for the exercise of such rights.

B. Distribution/Uploading of Content

You are prohibited from posting on or transmitting through the Services (e.g., through uploaded content, a chat or user forum, online review or comment posted through the Services) any content that infringes upon a third party’s intellectual property rights or is defamatory, damaging, illegal, or offensive.

Without limiting the foregoing, you may not post, modify, distribute, or reproduce in any way on the Services any copyrighted material, trademarks, or other proprietary information belonging to others unless you have first obtained the prior written consent of the owner of such proprietary rights. It is our policy to terminate the account of anyone who repeatedly infringes the copyright rights of others upon our receipt of proper notification from the copyright owner or the copyright owner’s legal agent.

By submitting content or materials ("Your Content") to us through the Services, including, without limitation, uploading any materials, choosing a username, or participation in any chats or forums, you automatically grant us, or warrant that the owner of such content has expressly granted us, the royalty-free, irrevocable, sublicensable and transferable, non-exclusive right and licence to use, reproduce, publish, translate, prepare derivative works of, copy, perform and distribute Your Content, including all patent, trademark, trade secret, copyright or other proprietary rights in and to such content, and your username, actual name, and likeness (if submitted), in whole or in part worldwide, including in connection with announcing you as the winner of a sweepstakes/contest or including you in leaderboards. You also hereby grant each user of the Services a non-exclusive licence to access Your Content through the Services, and to use, reproduce, distribute, display and perform Your Content as permitted through the functionality of the Services and under this Agreement. The above licences granted by you in Your Content are perpetual and will only terminate if you've requested the removal or deletion of Your Content from the Services (such licence will terminate within a commercially reasonable time after your request to remove or delete Your Content). You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of Your Content that have been removed or deleted. The foregoing is subject to the provision regarding Unsolicited Submissions below.

Subject to these grants, you retain any and all rights which may exist in Your Content.

We may disclose any of Your Content or electronic communications of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate our Services; (iii) to protect the rights or property of Gameloft and our officers, directors, employees and agents; or (iv) to protect Gameloft Providers and any other users.

C. Advertising

By using our Site/Apps, you may be offered advertising content. As such, you warrant that you agree with our Privacy Policy in relation to advertising. For more information, please refer to https://www.gameloft.com/privacy-notice/.

Gameloft is not responsible for the third-party products or services displayed therein.

D. Representations and Warranties

You represent and warrant that you own or have the necessary licences, rights, consents, and permissions to use and authorise us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of Your Content and to enable inclusion and use of Your Content in the manner contemplated by the Services and this Agreement. You further represent and warrant Your Content will not defame any third party and that the use of Your Content on the Services will not violate or infringe upon the intellectual property rights, or the rights of privacy or publicity, of any third party.

E. Third-Party Content & User Content

You acknowledge that Gameloft is an online service provider that may post content supplied by third parties and users. We have no more editorial control over the content posted by such third parties (including User Content) than does a public library or newsstand. Any opinions, advice, statements, judgments, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including User Content, are those of the respective authors or distributors and not of Gameloft or its affiliates or any of their officers, directors, employees, or agents. While we retain the right to filter or reject User Content and other content posted by third parties, we review User Content and other third-party content in a limited gate-keeper fashion and have no obligation to investigate whether any User Content and other third-party content violate any term of this Agreement and will not do so in most cases. We neither endorse nor are responsible for the User Content or any other content posted to the Services by anyone other than Gameloft.

Just as you retain complete ownership of Your Content (subject to the licence to us granted above), all other users of the Services retain ownership of their User Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any User Content in whole or in part.

Notwithstanding the foregoing, for all Gameloft games under Disney licence (e.g.: Disney Dreamlight Valley), to the extent that Gameloft authorises you to create, use, post, upload, distribute, publicly display or publicly perform User Content that requires the use of Gameloft or Disney copyrighted works, Gameloft and Disney grant you a non-exclusive licence to create a derivative work using the specifically referenced copyrighted works as required for the sole purpose of creating such a work, provided that such licence shall be conditioned upon your assignment to Disney of all rights worldwide of the work you create for the duration of copyright of the User Content, in all formats and media known or unknown to date. If such rights are not assigned to Disney, your licence to create derivative works using Gameloft and Disney copyrighted works shall be null and void.

F. Unsolicited Submissions

We are pleased to hear from our customers and welcome their comments regarding our Services. Unfortunately, however, long-standing company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.

G. Non-fungible Tokens

Only limited personal, non-commercial use of, and resale rights of Non-fungible Tokens (NFTs) are granted and you have no right to license, commercially exploit, reproduce, distribute, prepare derivative works, publicly perform, or publicly display an NFT, or the music or the artwork therein. You have no right to modify and/or use the art to market or sell any products. All copyrights and other rights are reserved and not granted.

Gameloft is not responsible for the blockchain network and/or any other third-party service that you might access or use for the purpose of using, owning, or transferring the Non-fungible Tokens, and you warrant that you will hold Gameloft harmless from any and all claims of any nature that in any way arise from your use of any third-party service and/or platform.

In the case of resale of the NFT according to the conditions authorised above, no transfer of rights whatsoever will be granted, and the new owner will be subject to the same limitations.

VI. NOTICE OF INFRINGEMENT

Without limiting the foregoing, if you believe that any content, including User Content, or other materials, posted on the Services constitutes an infringement of your copyrights or trademarks, we will respond promptly to any properly submitted notice containing the information detailed below. Please send all notices to the following email address: legal@gameloft.com.

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; 4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

VII. NON-COMMERCIAL USE

The Services are for your personal use only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. Any use of the Services in violation of this provision, including communicating any advertisement or solicitation, or collecting usernames and/or email addresses of account holders by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Services, is prohibited.

VIII. ELECTRONIC COMMUNICATIONS

When you use the Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.

IX. LINKS

The Services may contain links to websites operated by third parties, including through in-App advertisements. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third-party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third-party site.

We reserve the right to disable links from or to third-party sites.

X. THIRD-PARTY MERCHANTS / PROVIDERS

The Services may enable you to order and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality or availability of such products or services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Services.

In addition, the Services may prompt you to establish an account with a third-party service provider not owned or operated by us. Your agreement and understanding with any such third-party service provider is solely between you and such service provider. We will not be a party to, or in any way be responsible for, your agreement with such third-party service provider. Any disputes you may encounter with such third-party service provider shall be settled solely between you and the service provider.

XI. DISCLAIMERS AND LIMITATION OF LIABILITY

THE SERVICES ARE PROVIDED BY US AND OUR WEBHOST ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY GAMELOFT PROVIDER MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT USE OF THE SERVICES WILL BE 100% SECURE, UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE, PROVIDED THROUGH THE SERVICES; OR (IV) THAT THE SERVERS, OR EMAIL SENT FROM OR ON BEHALF OF GAMELOFT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL WE OR ANY GAMELOFT PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SERVICES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORISED ACCESS TO GAMELOFT'S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SERVICES.

TO THE EXTENT PERMITTED BY LAW, NEITHER WE NOR ANY GAMELOFT PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SERVICES OR THE PURCHASE OF ANY PRODUCT, REAL OR VIRTUAL, THEREFROM, EVEN IF WE OR SUCH GAMELOFT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL GAMELOFT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID GAMELOFT IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM AND IF YOU HAVE NOT PAID ANY AMOUNTS DURING THAT TIME PERIOD, YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USING THE SERVICES AND TERMINATE YOUR ACCOUNT.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

XII. LEGALITY

You are subject to all laws of the state(s) and countries in which you reside and from which you access the Services and are solely responsible for obeying those laws. You agree we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any Apps, contests, sweepstakes or tournaments offered through the Services nor shall any person affiliated, or claiming affiliation with the Services have authority to make any such representations or warranties.

XIII. APPLICABLE LAW; JURISDICTION; DISPUTE RESOLUTION

The Services are created and controlled by us in your country of residence. As such, the laws of your country of residence will govern these Terms of Use, without giving effect to any provisions of law that direct the choice of another state's laws.

You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of your country of residence for any litigation arising out of or relating to use of or purchase made through the Services (and agree not to commence any litigation relating thereto except in such courts).

If you are a resident of the EEA, should any dispute or claim arise relating to these Terms or your use of the Services, you have a right to request a settlement by means of an independent mediation, provided you did not obtain a satisfactory solution by contacting our Customer Care service first (https://support.gameloft.com/).

You may do so via the European Online Dispute Resolution (ODR) platform provided by the European Commission: https://ec.europa.eu/consumers/odr/.

XIV. INDEMNITY

You agree to indemnify and hold Gameloft, the Gameloft Providers, our subsidiaries and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if Your Content causes us to be liable to another.

XV. SEVERABILITY

The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

XVI. OTHER

This Agreement is deemed accepted upon any use of any of the Services. This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

XVII. SUPPORT

Subject to the other provisions of this Agreement, Gameloft will attempt to help you with any queries or problems that you may have with the Services or any of your purchases through the Services. To reach our customer support team, please email us at support@gameloft.com or via our Customer Care portal at https://support.gameloft.com/. It will expedite your request for assistance by providing our representatives with all the information they need to solve your problem as quickly as possible.

XVIII. THIRD-PARTY MARKETPLACES

These Terms of Use are between you and Gameloft only, not with Apple, Facebook or any other third party through which you may have purchased any of the Apps ("Marketplaces"). The Marketplaces are not responsible for the App you purchased or our Services. The Marketplaces have no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. To the maximum extent permitted by applicable law, the Marketplaces have no other warranty obligation whatsoever with respect to the Apps. The Marketplaces are not responsible for addressing any claims by you or any third party relating to the Apps or your possession and/or use of the Apps, including, but not limited to: (i) product liability claims; (ii) any claim that the Apps fail to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation or (iv) claims that the Apps infringe upon a third party's intellectual property rights.

XIX. MODIFICATION

We may make changes to the Services, posted policies and these Terms of Use for any cause, including legal, commercial and technical reasons.

In case these Terms of Use are updated, we will publish the changes and make our best efforts to notify you in advance according to the method defined in section VIII above. Any modifications to these Terms of Use will be effective within 5 (five) business days from the date of their publication. If you do not agree with such changes, please discontinue your use of the Services immediately.

Please contact us at support@gameloft.com for any questions regarding customer relations and any issues arising from your in-game activity. You can also visit our Customer Care portal at https://support.gameloft.com/