TERMS OF SERVICE

These Terms of Service contain a binding individual arbitration and class action waiver agreement in Section 15 (Dispute Resolution, Binding Arbitration, and Class Action Waiver) that requires You and PQube to resolve Disputes in binding individual arbitration, and not in court before a judge or jury, if You live in the United States or most other countries. Arbitration is not required if You live in the European Union, Iceland, Liechtenstein, or Norway (collectively, the “EEA“), Switzerland, United Kingdom, Australia, Brazil, Japan, New Zealand, or Turkey. You may opt out of the binding individual arbitration and class action waiver within 30 days after You first accept these Terms of Service. See Section 15(B).

These Terms of Service (together with Supplemental Terms, defined below, “Terms of Service” or “Agreement“) govern Your access to and Your purchase, receipt, and use of video games and other Services (defined in Section 1 below) that are provided or made available by PQube Ltd., on behalf of itself and its subsidiaries and affiliates (collectively, “PQube“).

By purchasing, accessing, receiving, or using any Services, You agree to these Terms of Service and represent and affirm that You are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where You live) OR You have reviewed these Terms of Service with Your parent or guardian and they assent to them on Your behalf and takes full responsibility for Your compliance with them. If you are the parent or legal guardian of a minor, You and the minor agree to these Terms of Service and are responsible for all use of the Services, including purchases, whether the minor’s Account or Memberships are open now or created later.

“You” and “Your” mean you and, if you are a minor, also your parent or guardian.

In addition to these Terms of Service, any additional terms and/or agreements that apply to the particular Service(s) accessed, played, purchased, received, or used by You, govern Your access to, purchase, receipt, play, and use of Services (collectively, “Supplemental Terms“). The Supplemental Terms form part of these Terms of Service and are incorporated by reference into these Terms of Service. Examples of Supplemental Terms include, but are not limited to, the code of conduct for a PQube Game (defined in Section 1 below), PQube issued contest rules, PQube issued tournament rules and related tournament agreements, beta agreements for pre-release versions of Games, and nondisclosure agreements. These Terms of Service may also be supplemented by any End User License Agreement (the “EULA“) accompanying a PQube Game or other terms and conditions that are applicable to a specific Game. The EULA and/or such other terms and conditions govern Your access to and Your purchase, receipt, play, and use of the Game. In addition, the PQube Privacy Policy, available at https://pqube.co.uk/privacy-policy, sets forth how PQube and its subsidiaries (as defined in Section 5 below) collect, use, disclose, and otherwise process Your personal data related to the Services or PQube’s websites.

PQube may change these Terms of Service at any time by posting the revised version at www.PQube.com/legal_terms. We will notify You when we do. By continuing to access, use, play, purchase, or receive the Services or our websites after the changes become effective, You agree to be bound by the revised Terms of Service. If You do not agree to be bound by the revised Terms of Service, You must stop accessing, using, playing, purchasing or receiving the Services and, if you are a parent or guardian, help Your minor children close their Accounts, memberships, and subscriptions. Memberships and subscriptions are referred to collectively as “Memberships“).

Contact Customer Services at [email protected] to cancel Your Account and Memberships.

Except as otherwise provided by law and in Section 15 (Dispute Resolution, Binding Arbitration, and Class Action Waiver), these Terms of Service are between You and PQube Ltd. and none of PQube Ltd.’s subsidiaries or other affiliates have any obligations or liability under or related to these Terms of Service.

Table of Contents

1……… Services; Your Account(s); Photosensitivity and Virtual Reality Warnings

2……… Content; User-Generated Content; Downloadable Content; Game Mods; Virtual Items; Unlinked Accounts

3……… Limited License to Use

4……… Beta Tests and Free Trials

5……… Paid Services

6……… Availability of Services and Content; Game Maintenance, Patches, Updates; Termination of Services

7……… Your Right to Cancel Your Account or Membership

8……… Rules of Conduct

9……… Your Use of the Services

10……… Third-Party Sites and Products

11……… Disclaimer of Warranty

12……… Limitation of Liability; Limited Remedies

13……… Indemnification/Reimbursement

14……… Termination of Your Account by PQube

15……… Dispute Resolution, Binding Arbitration and Class Action Waiver

16……… Unsolicited Materials

17……… Intellectual Property Infringement

18……… General Terms (including Governing Law and Place to Resolve Disputes)

19……… Entire Agreement

20……… Notice to California Residents

21……… Notice to EEA/Swiss Residents

22……… Contact Us

1. Services; Your Account(s); Photosensitivity and Virtual Reality Warnings

PQube offers a range of products and services on PC, Mac, consoles, and mobile devices, including, but not limited to, the following: (i) games and other products or services that You download, install, or play online as a service (sometimes referred to as “games as a service” or “GaaS”), including, but not limited to, PQube’s computer, mobile, and console entertainment software game(s) (collectively, “Game(s)“), (ii) access to Content (defined in Section 2), including, but not limited to, digital goods (such as wallpaper and character outfits), in-Game consumables, Game Mods, Downloadable Content (as defined below) and other digital items, (iii) software, including, but not limited to, third-party software and small amounts of code that might be necessary to facilitate playing online Games that are provided by PQube as a service offering (collectively, “Software“), and (iv) related services, such as Membership programs that include special benefits for members, downloading and uploading media, forums, and additional features (together with Content, Games and Software collectively referred to as “Services“). For purposes of these Terms of Service, references to a “Game” include, unless the context requires otherwise, Content that is accessible by or used or available in the Game or that is applicable to the Game and the Software that facilitates the playing of the Game. You must provide at Your own expense the PC, Mac, console, mobile device, other equipment, Internet connections, and wireless service plans to access, receive, play, and use the Services. PQube does not warrant, represent, or guarantee that a Service will be accessible or useable on all equipment or with all wireless or Internet service plans.

Certain Services may require the creation of an account (“Account(s)“). To create an Account, You must have a valid email address and be eligible to use the Service for which You are registering. You must provide truthful and accurate information, and update such information to keep it true, accurate, current, and complete. During the registration process You may be required to create a password. PQube has the right to restrict, suspend, or terminate Your Account and refuse any and all current or future access to or receipt, purchase, play, or use of Services if PQube reasonably believes that such information is untrue, inaccurate, not current, or incomplete.

Some Services may require creation of a user name, such as a “UserID”, “Display Name”, “Character Name” or “Guild Name” to represent You in the Services, and which are tied to Your Account (collectively, “user name(s)“). You may not select the name of another person, any third party’s trademark, copyright, or other intellectual property, any name that could mislead other players to believe You to be an employee of PQube or affiliated companies, or any name that PQube deems in its sole discretion to be vulgar, offensive, or otherwise violates these Terms of Service. Subject to the Statutory Obligations (as defined below), PQube reserves the right, in its sole discretion, (a) to delete or alter any user names tied to an Account; and (b) to restrict, suspend, or terminate Your access to or play or use of any Service or license granted to You, for any reason whatsoever, including, without limitation, any suspected or actual infringement of any trademark or trade name right, copyright, or other intellectual or proprietary right.

By creating an Account, You agree that You do not own the Account, any user names created on the Account, any Content stored or associated with an Account (such as digital and/or virtual assets, achievements, virtual currency, and other Downloadable Content), or related data associated with the Account.

Accounts are non-transferable under all circumstances. You have sole liability for all activities on Your Account and/or under Your user names. You may be held liable for losses incurred by PQube or other third parties due to someone else using Your Account, user name and/or password. Your Account or certain features of Your Account may be restricted, suspended, and/or terminated if someone else uses Your Account, user name, and/or password to engage in activity that violates these Terms of Service or is otherwise improper or illegal. You agree to notify PQube immediately if You suspect or become aware of any unauthorized use of Your Account, user name, password, or other personal data, or any other breach of security. We reserve the right to request and/or require You to alter Your password if we believe that Your password is no longer secure.

Do not reveal Your Account password to others. PQube employees will not ask You to reveal Your password. You provide Your password only during automatic Account Services, such as during the log-in process, or if You initiate a “Forgot Password” request to obtain security questions to receive a new password.

PQube takes certain steps to protect against possible breaches of our Services and the personal data we maintain about You. However, no online service, website, or Internet transmission is completely secure. Thus, PQube cannot and does not guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. We urge You to take steps to keep Your personal data, user name and password safe, such as (i) choosing a strong password, keeping it private and changing it from time to time, (ii) logging out of Your Account and closing Your web browser when finished using a Service, as well as (iii) using multifactor authentication where offered by PQube.

SECTION 12 OF THESE TERMS OF SERVICE INCLUDE PROVISIONS THAT MAY AFFECT YOUR ABILITY TO COLLECT DAMAGES FROM PQUBE IF (I) YOU HAVE A DISPUTE WITH PQUBE AND (II) YOU LIVE IN A JURISDICTION WHERE PROVISIONS EXCLUDING OR LIMITING LIABILITY ARE ENFORCEABLE.

IF YOU LIVE IN THE EEA, UK, SWITZERLAND, RUSSIA, AUSTRALIA, NEW ZEALAND, TURKEY, JAPAN, OR BRAZIL, PQUBE ACKNOWLEDGES THAT THERE ARE CERTAIN GUARANTEES, WARRANTIES, TERMS, AND CONDITIONS (INCLUDING WITHOUT LIMITATION IN RESPECT OF REFUNDS AND RETURNS, UNFAIR TERMS AND PQUBE’S MANDATORY LEGAL DUTIES (SEE THE NEXT PARAGRAPH) AND LIABILITY SUCH AS FOR DEATH OR PERSONAL INJURY DUE TO ITS NEGLIGENCE) IMPOSED BY THE LAWS RELATING TO THE SUPPLY OF GOODS, SERVICES, AND DIGITAL CONTENT UNDER THESE TERMS OF SERVICE, THE SUPPLEMENTAL TERMS, AND ANY EULA WHICH THE LAWS EXPRESSLY PROVIDE MAY NOT BE EXCLUDED, RESTRICTED, OR MODIFIED, OR MAY ONLY BE LIMITED TO A CERTAIN EXTENT (THE “STATUTORY OBLIGATIONS“).

NOTHING IN THESE TERMS OF SERVICE, THE SUPPLEMENTAL TERMS, AND ANY EULA EXCLUDES, RESTRICTS, OR MODIFIES THE STATUTORY OBLIGATIONS OTHERWISE THAN ACCORDING TO SUCH LAWS.

UNDER THE STATUTORY OBLIGATIONS PQUBE IS UNDER A LEGAL DUTY TO SUPPLY TO YOU GOODS, SERVICES, AND DIGITAL CONTENT THAT ARE IN CONFORMITY WITH OUR CONTRACT WITH YOU AND TO DO SO USING REASONABLE SKILL AND CARE.

PHOTOSENSITIVITY WARNING. A very small percentage of individuals may experience epileptic seizures or blackouts when exposed to certain visual images, including without limitation light patterns or flashing lights. Exposure to certain patterns or backgrounds on a computer, television, or other screen, or while playing video games, may induce epileptic seizures or blackouts in these individuals. These conditions may induce previously undetected epileptic symptoms, blackouts, or seizures in persons who have no history of prior seizures or epilepsy. If You, anyone in Your family, or anyone in Your household, have an epileptic condition, have had seizures of any kind, or seizure symptoms, consult a doctor prior to using the Services or playing any Game. If You experience any of the following symptoms while playing any Game, immediately discontinue use and consult Your physician before resuming play: dizziness, altered vision, eye or muscle twitches, jerking or shaking of arms or legs, loss of awareness, disorientation, confusion, any involuntary movement, or convulsions.

VIRTUAL REALITY WARNING. If a Game provides for virtual reality gameplay and/or the use of third-party virtual reality headsets and/or related equipment, certain health and safety precautions and disclaimers apply. Failing to review and adhere to the health and safety precautions set forth in these Terms of Service, in the Game’s End User License Agreement, and the precautions given by the manufacturer of Your virtual reality headset or related equipment may cause damage to property, personal injury to You or others, or death. Immediately stop playing if You feel unwell or experience any of the following symptoms: epileptic seizures or loss of consciousness; altered vision; motion sickness, dizziness, disorientation or nausea; and/or repetitive motion injuries and eye strain. Always be aware of Your surroundings when playing with a virtual reality headset. If You are pregnant or if You have any pre-existing medical condition, You should talk with a physician to obtain professional advice before playing a virtual reality Game. Carefully read and follow all health and safety precautions from Your virtual reality headset manufacturer before use. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1), IN NO EVENT SHALL PQUBE BE LIABLE FOR ANY DAMAGE TO PROPERTY, INJURY, OR DEATH (OR FOR DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE OR MISUSE OF A VIRTUAL REALITY GAME OR ANY VIRTUAL REALITY HEADSET OR RELATED EQUIPMENT, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR CONNECTED WITH INTERACTIONS BETWEEN YOU AND OTHER PEOPLE OR OBJECTS IN OR AROUND THE PLAY AREA DURING GAMEPLAY. YOU HEREBY RELEASE PQUBE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE USE OF A VIRTUAL REALITY HEADSET, RELATED EQUIPMENT, OR THE SERVICES.

Any use, reproduction, modification, or distribution of Services, including, but not limited to, Games, Content, Software, or any other intellectual property not expressly authorized by these Terms of Service or by an authorized representative of PQube in writing is strictly prohibited.

Not all features, products, or Services offered or provided are available to all persons who try to register or in all geographic locations. PQube reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or Service to any person or geographic area.

Any offer for any feature, product or Service is void where such Services are prohibited. You are solely responsible for Your compliance with applicable laws with respect to the Services that You access, purchase, receive, play, or use.

2. Content; User-Generated Content; Downloadable Content; Game Mods; Virtual Items; Unlinked Accounts

This Section 2 shall survive any termination of these Terms of Service.

A. Content Generally

“Content” includes technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, animations, animation-style videos, content, pictures, code, files, data, characters (and items and attributes associated with characters), and all audio visual or other material appearing on or emanating to and/or from the Services, as well as the design and appearance of any websites under PQube’s control. All Content made available by PQube, unless explicitly identified as third-party content, is owned by PQube, its affiliates, and/or their licensors.

Except as necessary to use the Services in compliance with these Terms of Services, You may not copy, use or download any Content from a Service unless You are expressly authorized to do so by PQube in writing. You acknowledge and agree that You shall not reproduce, prepare derivative works based upon, distribute, publicly perform, or transmit any Content for commercial uses unless You obtained the express written consent of an authorized representative of PQube. For clarification purposes, “derivative works based upon” Services and/or Content are works that are substantially similar, both in ideas and expression, to Services and/or Content. Therefore, if You or someone else creates a work and it is likely to bring to mind either or both Services (such as a Game) and Content, then it is likely that such work is a derivative work and as such may not be used for commercial purposes.

B. User-Generated Content

Content includes user-generated Content that You contribute, provide, post, upload, or otherwise submit to PQube via a Service (“UGC“), provided that the term UGC does not include Game Mods (as defined below).

UGC includes any photographs, images, video, music, sounds, and other data that You contribute, provide, post, upload, or otherwise submit to PQube via a Service (collectively, “Your UGC“).

UGC includes Content contributed, provided, posted, uploaded, or otherwise submitted to PQube by any other person using or via the Services.

UGC also includes Content that is not Your UGC, including but is not limited to, Account personas, user names, forum posts, chat posts, customer service chats, communications, or other suggestions, ideas, notes, feedback, concepts or other information concerning the Services, whether generated at PQube’s specific request or despite PQube’s request that You not do so (such as Unsolicited Materials as described in Section 16) (collectively, “PQube Owned UGC“). PQube Owned UGC also includes all Content (other than Game Mods (as defined below)) that You create or develop using Content provided or made available by PQube, including but not limited to Content that You create or develop that is a derivative work of the Content provided or made available by PQube. Content and materials that are created, developed or accessible within a Game or Service using Content or tools provided by PQube (e.g., Content and material created via an in-Game editor and accessible only within the Game) are PQube Owned UGC and not Game Mods (as defined below).

PQube Owned UGC does not include (i) any Content that You create or develop if such Content or if the creation or development of such Content would constitute a breach of this Agreement or any Supplemental Terms or would violate any law, (ii) any Content that You create or develop without the use of Content provided or made available by PQube or (iii) any Game Mods (as defined below).

PQube does not pre-screen UGC and does not endorse or approve any UGC that You and other users may contribute, provide, post, upload, or otherwise submit via the Services. You are solely responsible for Your UGC and may be held liable for UGC that You contribute, provide, post, upload, or otherwise submit.

You may not contribute, provide, post, upload or otherwise submit any UGC that is copyrighted, protected by trademark or trade secret law, or otherwise subject to third-party intellectual property rights, or other rights such as privacy and publicity rights, unless You own those rights free and clear or have written permission from their rightful owner to contribute, provide, post, upload or otherwise submit such UGC and to grant or assign the described license and property rights to PQube as described below.

As between You and PQube, You will be the owner of all of Your UGC (as defined above). To the fullest extent permitted by law, You hereby expressly grant (or You warrant that the owner of Your UGC has expressly granted) to PQube and its licensors, licensees, and designees a perpetual, irrevocable, worldwide, paid-up, non-exclusive, royalty-free, transferable, sublicensable (through multiple tiers of sublicensees) right and license to exercise all rights of any kind or nature associated with Your UGC in all formats and media, whether existing now or in the future, and You agree not to assert or enforce any moral rights or similar rights You may have which may now or may hereafter be recognized, and all ancillary and subsidiary rights, in any languages now known or not currently known.

Unless otherwise prohibited by applicable law or regulation, by contributing, providing, posting, uploading, or otherwise submitting PQube Owned UGC or creating PQube Owned UGC, You acknowledge and agree that all such PQube Owned UGC is the sole property of PQube and You hereby assign and agree to assign to PQube all such PQube Owned UGC contributed, provided, posted, uploaded, or otherwise submitted by You and such assignment will be effective on the date the PQube Owned UGC is created. To the extent that PQube cannot claim exclusive ownership rights in such PQube UGC by operation of law or pursuant to the assignment above, and to the fullest extent permitted by law, You hereby expressly grant (or You warrant that the owner of such PQube UGC has expressly granted) to PQube and its licensors, licensees and designees a perpetual, irrevocable, worldwide, paid-up, non-exclusive, royalty-free, transferable, sublicensable (through multiple tiers of sublicensees) right and license to exercise all rights of any kind or nature associated with such PQube UGC in all formats and media, whether existing now or in the future, and You agree not to assert or enforce any moral rights or similar rights You may have which may now or may hereafter be recognized, and all ancillary and subsidiary rights, in any languages now known or not currently known.

You further grant each user of the Services a non-exclusive license to access UGC and to use, reproduce, distribute, display and perform such UGC as permitted through the Services, including, but not limited to, Service and/or Game functionality.

If so required under applicable law, You will enter into any agreement or undertake any action as deemed necessary by PQube to effect the licenses described above in this Section.

IN ALL CASES OF UGC UNDER THIS SECTION 2, EXCEPT AS PROHIBITED BY APPLICABLE LAW AND SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1), PQUBE RESERVES THE RIGHT (BUT HAS NO OBLIGATION EXCEPT AS REQUIRED BY LAW) TO REVIEW, REMOVE, BLOCK, EDIT, MOVE, OR DISABLE UGC FOR ANY REASON, WITH OR WITHOUT NOTICE, AND HAS NO LIABILITY OF ANY KIND WITH RESPECT TO UGC, INCLUDING WITHOUT LIMITATION WHEN PQUBE DETERMINES THAT UGC VIOLATES THESE TERMS OF SERVICE. The decision to remove UGC or other Content at any time is in PQube’s sole and final discretion. To the maximum extent permitted by law, PQube does not assume any responsibility or liability for UGC or for its removal or for any failure to or delay in removing, UGC or other Content.

C. Downloadable Content, Achievements, and Other Virtual Items

Content also includes Content that is downloaded or downloadable from any website authorized by or under PQube’s control (“Downloadable Content“), provided that the term Downloadable Content does not include Game Mods (as defined below). Downloadable Content includes, but is not limited to, licensed rights granted, awarded, and/or provided to You to access and/or use online or off-line elements or features of certain Services as well as Game updates, unlockable Content, digital and/or virtual assets, rights of use tied to unlock keys or codes, merchandise redemption codes, serial codes and/or online authentication of any kind, in-game achievements, video trailers, Game screenshots, and/or Game-related wallpapers. Downloadable Content also includes Virtual Currency, and Virtual Currency is subject to additional terms and restrictions specific to Virtual Currency as set forth below in Section 2(E), which additional terms and restrictions supersede any inconsistent terms and restrictions applicable to Downloadable Content generally.

Downloadable Content may be free, redeemable, and/or purchased, and PQube reserves the right to change the price of Downloadable Content at any time, without notice.

Downloadable Content may only be held in Accounts or on devices belonging to legal residents of countries where access to and receipt, play, or use of the Services and Downloadable Content are permitted. Except as granted in a Game’s EULA, PQube hereby grants to You a limited, non-exclusive, personal, non-transferable license to use, view, and display Downloadable Content that You have lawfully downloaded.

Once You have redeemed Downloadable Content, that Content is not returnable, exchangeable, or refundable for other Content or for cash, or other goods or services unless approved by PQube or required by applicable law and subject to the Statutory Obligations (as defined in Section 1); for example, if PQube provided the wrong Content to You, You may be entitled to a refund. Unless otherwise specified by PQube in writing and unless otherwise prohibited by applicable law and subject to the Statutory Obligations (as defined in Section 1), Downloadable Content may expire upon the earlier of (a) the closure of an Account, or (b) the later of one hundred and eighty (180) days past (i) the most recent Account login by You or (ii) the end of Your Membership for the applicable Service if such Membership is not renewed.

You agree that You have no ownership right or title in or to any such Downloadable Content, including, but not limited to, the virtual goods appearing or originating in the Services (such as a Game) or any other attributes associated with any Account or Services. PQube does not recognize any purported transfers of virtual property executed outside of the Game, or the purported sale, gift, or trade in the “real world” of anything that appears or originates in a Service or a Game. Accordingly, You may not sell, and You may not assist others in selling, Service(s) or in-Game items for real currency, or exchange those items for value outside of the Services. Evidence of any attempt to redeem Downloadable Content for a purported exchange, sale, gift, or trade in the “real world” will result in the immediate suspension or termination of Your Account or Membership. You acknowledge and agree that all virtual items represent a limited license right for Your personal, private, non-commercial, non-transferable, and limited use governed by these Terms of Service and are not redeemable for any sum of money or monetary value from PQube at any time. PQube reserves the right to refuse Your request(s) to acquire Downloadable Content, and reserves the right to limit or block any request to acquire Downloadable Content for any or no reason.

D. Game Mods

Content also includes Game Mods. The term “Game Mod” means downloadable, user-generated Content developed or created by You or a third party using an Editor Tool (as defined below). In certain cases, as determined by PQube, Game Mods may be made available to other users of a Service or a Game and in such cases, such other users may download the Game Mods from PQube or third parties and use such Game Mods in connection with playing a Game or receiving a Service from PQube.

If You desire to develop or create one or more Game Mods, then You will be required to download from a PQube website or otherwise gain access to via a PQube website one or more software tools through which You may create or develop Game Mods (each such tool is an “Editor Tool“). To obtain a copy of or get access to any such Editor Tool, You will be required to agree to the terms of a separate EULA (the “Editor EULA“). If there is a conflict between the terms and conditions in any such Editor EULA and the terms and conditions in these Terms of Service, the terms in the Editor EULA will control over the conflicting terms in these Terms of Service but solely for purpose of the specific Editor Tool and not for any other purpose. Please review the terms in the Editor EULA carefully.

With respect to Game Mods made available for download from a PQube website or made available from a PQube server, PQube may, at any time and in its sole discretion, elect to remove such Game Mods from the PQube website(s) or server(s) without notice to You.

Each Game Mod is owned by the developer of the Game Mod, subject to the licenses granted by the developer to PQube as set forth in the Editor EULA.

PQube may, but is not required under the Terms of Service to, validate, test, evaluate or pre-screen Game Mods.

PQube does not endorse, sponsor, guarantee or approve any Game Mods, including without limitation Game Mods available for download from a PQube website.

Your experience with any particular Game Mod may vary from other users’ experiences.

IF YOU ELECT TO INSTALL, DOWNLOAD OR USE ANY GAME MODS, YOU DO SO AT YOUR OWN RISK.

EXCEPT AS PROHIBITED BY APPLICABLE LAW AND SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1), PQUBE RESERVES THE RIGHT (BUT HAS NO OBLIGATION EXCEPT AS REQUIRED BY LAW) TO OFFER, MAKE AVAILABLE, REVIEW, REMOVE, BLOCK, EDIT, MOVE OR DISABLE GAME MODS FOR ANY REASON, WITH OR WITHOUT NOTICE, AND HAS NO LIABILITY OF ANY KIND WITH RESPECT TO GAME MODS, INCLUDING WITHOUT LIMITATION WHEN PQUBE DETERMINES THAT A GAME MOD VIOLATES THESE TERMS OF SERVICE, THE EDITOR EULA. THE DECISION TO REMOVE A GAME MOD AT ANY TIME IS IN PQUBE’S SOLE AND FINAL DISCRETION.

To the maximum extent permitted by law and subject to the statutory obligations (as defined in Section 1), PQube does not assume any responsibility or liability for Game Mods or for the removal of any Game Mods for any failure to or delay in removing, any Game Mod.

E. Virtual Currency

The Services may make use of one or more virtual currencies, either within a single Service, such as a Game, or for use across multiple Services (“Virtual Currency“). The following terms govern the use of Virtual Currency in connection with the Services. Additional Virtual Currency-related terms may be contained in the EULA for a particular Game and, where there is a conflict between such terms and this Section 2(E), the Virtual Currency-related terms in the EULA shall govern.

Virtual Currency may be obtained in one or more ways depending on the type of Virtual Currency and the Service or Services associated with that Virtual Currency, including without limitation Virtual Currency that may be obtained through purchase with real currency, in-Game actions, or achievements, as a part of Membership benefits, or otherwise. PQube may, from time to time and in its sole discretion, grant Virtual Currency to Users of one or more Services as a gesture of goodwill or in connection with promotions, Memberships, competitions, or sweepstakes organized by PQube. All Virtual Currency that is purchased with real currency, either alone or together with other Services or access to or receipt, play or use of Services (including without limitation payment for Memberships), shall be referred to as “Purchased Virtual Currency.” All Virtual Currency that is not Purchased Virtual Currency shall be referred to as “Complimentary Virtual Currency.“

Regardless of the method by which You obtain a Virtual Currency and subject only to the Statutory Obligations (as defined in Section 1), it has no value in real currency, and is not transferable to any other person, or returnable, exchangeable, or refundable for real currency, goods, or services. By purchasing or otherwise obtaining Virtual Currency, You acknowledge and agree that all Virtual Currencies represent a limited, non-exclusive, non-transferable license for Your personal, private, non-commercial use of Services governed by these Terms of Service. Because it is a license, Virtual Currency is not property in which You have any ownership right, title, or other interest. Any Virtual Currency balance shown in Your Account or Membership does not constitute a real currency balance or reflect any monetary value.

PQube reserves the right to change the price for any Purchased Virtual Currency or to bundle Purchased Virtual Currency in any amount with other Services or access to other Services at any time and without providing notice to You. You will have no right to a price adjustment or other refund as a result of any change in the price or bundling at which Purchase Virtual Currency can be obtained, subject only to the Statutory Obligations (as defined in Section 1). In the case of Complimentary Virtual Currency, PQube reserves the right to change or limit the amount of Complimentary Virtual Currency granted as part of any ongoing or continuous promotion, to discontinue any promotion, or to bundle Complimentary Virtual Currency in any amount with other Services or access to other Services at any time and without providing notice to You.

Virtual Currency is not transferable to, or redeemable for, any sum of real currency or monetary value from PQube or any other person at any time. PQube prohibits, and does not recognize any purported, transfers, sales, gifts, or trades of Virtual Currency. Virtual Currency will only be used by You to obtain virtual goods within a Game (e.g., durable goods that become part of Your inventory in the Game and consumable or single use items that are used and expire after use within the Game) other Downloadable Content, or Game Mod through one or more Services, as determined by PQube in its sole discretion. You agree not to sell or transfer, or assist others in selling or transferring Virtual Currencies or any amounts thereof. Evidence of any attempt to use, sell or transfer Virtual Currency in any manner that violates these Terms of Service may result in revocation, termination, or cancellation of the Virtual Currency and/or Your access to or receipt, play or use of the Services without refund and/or immediate suspension or termination of Your Account.

Subject to the Statutory Obligations (as defined in Section 1), You acknowledge and agree that PQube will have no liability for the use or loss of Downloadable Content (including without limitation Virtual Currency) for any reason, including without limitation due to any activity of a third-party, such as hacking, phishing, or any other unauthorized activity. PQube may replace such lost Virtual Items under certain circumstances, in PQube’s sole discretion and on a case-by-case basis, without incurring any obligation or liability.

EXPIRING VIRTUAL CURRENCY FOR RESIDENTS OF JAPAN

IF YOU LIVE IN JAPAN the terms in this paragraph will apply. Virtual Currency shall be valid for ONE HUNDRED AND EIGHTY (180) DAYS from the date on which the acquisition of Virtual Currency is recorded on Your Account. Virtual Currency is used in order of its respective expiration date, where Virtual Currency with the earliest expiration date is used PRIOR TO any other Virtual Currency. If Purchased Virtual Currency and Complimentary Virtual Currency are issued concurrently, Purchased Virtual Currency is used prior to Complimentary Virtual Currency. Upon the expiration of the period for which Virtual Currency is valid, such Virtual Currency will expire and have no further value. Even if Your Account or Your access to or receipt, play or use of some or any Services is restricted or suspended in accordance with these Terms of Service, such restriction or suspension does not interrupt the period for which Virtual Currency is valid, and Virtual Currency will expire upon the expiration of such period. If Your Account or Your access to or use, receipt or play of some or any Services is terminated in accordance with these Terms of Service, all Virtual Currency held by You will expire immediately upon such termination. PQube may limit the amount of Virtual Currency that You can purchase, hold, or use within a certain period.

F. Unlinked Accounts

Warning for Unlinked Accounts. To the extent PQube in its sole discretion permits You to download or play a Game without having an Account or without linking that Game to Your Account (including without limitation enabling You to purchase, receive, or download any Downloadable Content (including without limitation any Virtual Currency) for such Game), then if You purchase, receive or download Downloadable Content using a device that is not linked to an Account, and Your device is lost, stolen or damaged or Your device or data is hacked, then such Downloadable Content as well as Your UGC, game settings, data, in-game achievements and in-game purchases will be lost and PQube will not be able to and PQube will not restore such Downloadable Content or Your UGC, game settings, data, in-game achievements or in-game purchases. SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1), PQUBE SHALL HAVE NO LIABILITY FOR, AND ALL RISK OF LOSS SHALL BE BORN BY YOU WITH REGARDS TO, ANY DOWNLOADABLE CONTENT, GAME SETTINGS, DATA, IN-GAME ACHIEVEMENTS, AND IN-GAME PURCHASES ASSOCIATED WITH YOUR ACCESS TO OR PURCHASE, RECEIPT, DOWNLOAD, PLAY OR USE OF DOWNLOADABLE CONTENT USING A DEVICE THAT IS NOT LINKED TO AN ACCOUNT.

3. Limited License to Use

Subject to the terms in these Terms of Service and Your compliance with all of the terms and conditions in these Terms of Service, PQube grants to You, for Your personal, private and non-commercial use only, a non-exclusive, revocable, nontransferable license to access, receive, play, and use Services (including any Content which is made available by PQube (including but not limited to Game Mods that You download from a PQube website) as a part of a Service and then solely in connection with such Service) as set forth in these Terms of Service. In the case of Games and Software made available for download, the foregoing license includes the right to download and install a single copy of the Game or Software on a single computer, console or mobile device owned by You for Your personal, private and non-commercial use.

You may not (a) distribute, publicly perform or display, sell, transmit, publish, edit, reproduce, sublicense, rent, lease, loan or otherwise transfer any Game, Software, and/or Content, including without limitation any access keys; (b) modify, adapt, reverse engineer or decompile the Software, or otherwise attempt to derive source code from the Software; (c) create any derivative works based upon any Services; (d) otherwise access, receive, play or use any Services except as expressly provided in these Terms of Service; (e) copy or download any Software or Content unless the Content is a Game Mod available for download from a PQube website or is Downloadable Content (other than Virtual Currency) or You are otherwise expressly authorized to do so in writing by PQube; and/or (f) remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to any Services. Any commercial use or play of a Service (including but not limited to eSports and multiplayer video game competitions) is prohibited absent written permission by an authorized representative of PQube.

PQube actively enforces its intellectual property rights to the fullest extent of the law. If You are found to engage or facilitate the engagement of infringing and/or illegal activity, including, but not limited to, making unauthorized copies and/or distributing Services, PQube may in its sole discretion restrict, suspend, or terminate Your Account or Your access to or, use, play or receipt of some or any Services, and/or pursue further legal action against You. Please note that these activities may constitute civil wrongs and/or criminal offenses and PQube reserves the right to take such action as appropriate in the circumstances. You agree to reimburse PQube for any liabilities, damages, losses, costs, and expenses incurred by or suffered by PQube arising from or related to any attempted or actual unauthorized or illegal conduct by You, or through the use of Your Account as more particularly described in Section 13.

PQube reserves title to the Services and all rights to any Services not specifically granted under these Terms of Service, including without limitation all rights of reproduction, modification, distribution, display, disassembly and decompilation, and all copyright, patent, trademark, trade secret, and other proprietary and intellectual property rights and interests. Your access to and receipt, play, and use of Services is subject to the intellectual property rights of PQube and except for the express licenses granted in the first paragraph of this Section 3, PQube does not grant You any licenses or rights to patents or other proprietary or intellectual property rights. Content, Software, and Games are licensed, not sold, to You. You acknowledge and agree that in the case of Games that are made available as a service, (i) You might not have a copy of the Game on Your computer, mobile device, or console, as the case may be, (ii) You will access and play the Game via the Internet, and (iii) You must have a persistent Internet connection to access and play the Game.

All Services and all intellectual property rights in the Services are owned by PQube or its licensors and are protected by United States, other jurisdictions, and international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. With the exception of the licenses granted to You in the first paragraph of this Section 3, this Section 3 shall survive the termination of these Terms of Service. PQube may, in its discretion, make available to You one or more application programming interfaces and associated documentation (each an “API“) to allow You to access, create, download, enable, use, or associate Content (excluding Game Mods), that modifies or otherwise provides enhanced features to the user interface (“Add-ons“) for a Game. The API and Add-ons are Software for purposes of these Terms of Service and are subject to these Terms of Service and the Supplemental Terms applicable to the API and the Add-Ons. Notwithstanding anything to the contrary in these Terms of Service, if the Supplemental Terms for an API or Add-on directly conflict with specific terms and conditions in these Terms of Service or any other Supplemental Terms, the Supplemental Terms for an API or Add-on will control, but solely for purpose of the specific API and Add-on and not for any other purpose.

4. Beta Tests and Free Trials

In its sole discretion, PQube may contact You to review and evaluate, or playtest, one or more Games, aspects of Games, or online features prior to commercial release for the purpose of identifying program errors and obtaining feedback. You will be asked to provide to PQube certain feedback and suggestions regarding Your evaluation of the Game(s) or feature(s). Your participation is subject to these Terms of Service and other applicable Supplemental Terms, such as a beta testing agreement and a non-disclosure agreement. By accepting our invitation and playtesting the Game and/or features, You also agree that to the extent permitted by law: (i) playing an unreleased Game is at Your own risk and You understand that the Game and/or Game features may include known or unknown bugs or other errors, (ii) any value or status indicators that You achieve through any playtest may be erased at any time, including, but not limited to, upon commercial release; and (iii) PQube has no obligation to make these Games or features available, or available without charge or to fix errors or bugs identified by You.

Beta Test accounts are non-transferable under any circumstances.

For some Services, PQube may elect to offer You access to a trial Game and/or a trial Membership. Such Services may require You to sign up for an Account and/or a Membership under the terms described in these Terms of Service. If You accept a free Game trial or a trial Membership for a Game that requires a Membership, and the trial period expires, (i) in the case of access to a trial Game, You will no longer be able to access the Game without purchasing it and (ii) in the case of a trial Membership, You will no longer receive the benefits of the Membership unless, where necessary, You update or complete Your information and purchase the paid Membership Services. PQube is under no obligation to notify You in advance of the free trial Game access or Membership expiring and You will be responsible for all charges incurred. Just like paid Memberships, Accounts, and Beta Test accounts, trial Game access and Memberships are non-transferable under any circumstances.

5. Paid Services

Some Services require payment of a fee. You must pay the then-current applicable fees to access, play, participate in, or receive those Services, and You may be required to have an Account.

For information about fees for particular Services, including Membership fees, You should visit the particular Service’s product web page, contact Customer Service at [email protected] or, if applicable, consult with the Reseller (as defined below) of the Services.

The fees displayed for Services are subject to change at any time and from time to time without notice except as set out below.

You might purchase Services from PQube or from one or more of PQube’s authorized resellers. The PQube authorized resellers include, without limitation (i) the reseller(s) of Services offered on PQube.co.uk or requiring a PQube.co.uk account, (ii) console manufacturers, and (iii) other authorized resellers (collectively (i) – (iii), “Resellers“).

If You purchase Services from a Reseller, then (a) You will be making payments to such Reseller for such Services and (b) the fees for the Services and the applicable payment terms will be established by the Reseller.

In connection with payments made to Resellers, the Resellers will collect personal data from You, including without limitation credit card, debit card and other payment information. Your disclosure of information to a Reseller and Your purchases of Services from a Reseller will be subject to the Reseller’s terms of service and Privacy Policy (collectively, the “Reseller Terms“). The Reseller Terms are in addition to these Terms of Service and the PQube Privacy Policy. For clarity, these Terms of Service will apply to all such Services as if such Services had been purchased from PQube. The Reseller Terms do not modify or amend these Terms of Service or PQube’s Privacy Policy. If You purchase Services from a Reseller, then the terms below in this Section 5 (Paid Services) will not apply to such purchases. If You purchase Services from PQube, then the terms below in this Section 5 (Paid Services) will apply.

FEES ARE PAYABLE IN ADVANCE AND, EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW AND SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1), ARE NOT REFUNDABLE IN WHOLE OR IN PART.

PQube reserves the right to change PQube’s fees or billing methods at any time and, in the case of periodic fees, upon notice to You through Your Account or through the Services as set out below.

If You pay or are required to pay a periodic (e.g., monthly) Membership fee for a Service purchased from PQube, then PQube will provide You with at least thirty-five (35) days advance notice of any such changes. Your continued access to or receipt, play or use of the Service thirty-five (35) days or more after PQube provides such notice of the changes means that You accept such changes. If any change is unacceptable to You, You may cancel Your Membership at any time (see Section 7 below) with such termination being effective at the end of the then-current Membership term or rolling period for which You previously paid, but PQube will not refund any fees or prorate fees for any Membership except where a refund is required by applicable law and subject to the Statutory Obligations (as defined in Section 1).

If Your access to or receipt, play or use of the Services is subject to applicable governmental charges (including but not limited to sales tax, value added tax (VAT), goods and service tax (GST) or other taxes), then You must pay for those charges. Your total price may include such governmental charges or such governmental charges may be separately identified from Your paid Service(s) fees as shown during the payment process. Failure to invoice You for any such charges does not relieve You of the liability to pay such charges.

As the Account holder, You are responsible for all charges incurred on Your Account, including, but not limited to, applicable taxes, and the fees for all purchases made by You or anyone that uses Your Account, including, but not limited to, Your family or friends.

i. Residents in North America, Central America, South America, and Asia. **If You live in North America, Central America, South America, or Asia and purchase Services from PQube, then You must pay fees using the payment methods made available by PQube for the particular Service (the “Payment Methods“) and You agree to the terms and conditions applicable to each Payment Method You choose. Payment Methods may vary by Service and the terms of Your Membership will be in Your Account details, or if You are making a purchase on a device without using an Account, such details will be provided at the time of purchase. When You provide credit card or other Payment Method information in order to make a purchase from PQube, You represent to PQube that You are the authorized user of the credit card or other Payment Method. You must provide current, complete, and accurate information for Your billing account. You must promptly update all information to keep Your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and You must promptly notify PQube if Your credit card or other Payment Method is cancelled (for example, for loss, theft, or expiration). Changes to Your Payment Method information can be made by contacting Customer Services at [email protected].

Some Payment Methods require or permit You to choose automatic renewal of Your Membership. In such cases, You are agreeing to permit PQube to automatically charge Your credit card, bank card, debit card or other Payment Method associated with Your Account for an automatic renewal of Your current Membership preferences to the applicable Service. You may cancel Your Membership at any time with the termination being effective at the end of the then-current Membership term or rolling period by revising Your selection in Your Accounts page, or contacting Customer Services at [email protected]. In order to sign up for automatic renewal, You must keep a valid credit card number or other Payment Method number or information associated with Your Account. Your Membership will automatically renew on the expiration date of the then-current Membership term or rolling period at a fee no greater than PQube’s then-current price at the time of renewal, excluding any promotional and discount pricing, unless You cancel Your Membership. If You have registered for or requested an automatic Membership renewal, You agree that PQube may, to the extent permitted by applicable law, charge You or continue charging You on an automatic recurring basis for Your current Membership preferences unless You cancel Your Membership, which will become effective at the end of Your then-current Membership term or rolling period. If You have registered for or requested an automatic Membership renewal but do not have a valid credit card and/or other valid Payment Method information on file and Your Membership expires, You will not be able to receive the benefits associated with the Membership (e.g., resume Game play or any paid Services usage) without updating Your Payment Method information. PQube reserves the right to utilize third-party credit card updating services to obtain current expiration dates on credit cards provided by You to PQube. Customers who use a third-party Payment Method may incur additional payment processing fees charged by such third party to its customers, and may not be able to automatically renew Memberships.

ii. Residents of Any Territories Not Specified Above. **If You live outside North America, Central America, South America, or Asia and purchase Services from PQube, then You must pay fees using the payment methods made available by PQube for the particular Service (the “Payment Methods“), and You agree to the terms and conditions applicable to each Payment Method You choose. Payment Methods may vary by Service and the terms of Your Membership will be in Your Account details, or if You are making a purchase on a device without using an Account, such details will be provided at the time of purchase. When You provide credit card or other Payment Method information in order to make a purchase from `PQUBE, You represent to PQUBE that You are the authorized user of the credit card or other Payment Method. You must provide current, complete, and accurate information for Your billing account. You must promptly update all information to keep Your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and You must promptly notify PQUBE if Your credit card or other Payment Method is cancelled (for example, for loss, theft, or expiration). Changes to Your Payment Method information can be made by contacting Customer Support at [email protected].

Some Payment Methods require or permit You to choose automatic renewal of Your Membership. In such cases, You are agreeing to permit PQUBE to automatically charge Your credit card, bank card, debit card, or other Payment Method associated with Your Account for an automatic renewal of Your current Membership preferences to the applicable Service. You may cancel Your Membership at any time with the termination being effective at the end of the then-current Membership term or rolling period by revising Your selection in Your Accounts page, or contacting Customer Support at [email protected]. In order to sign up for automatic renewal, You must keep a valid credit card number or other Payment Method number or information associated with Your Account. Your Membership will automatically renew on the expiration date of the then-current Membership term or rolling period at a fee no greater than PQUBE’s then-current price at the time of renewal, excluding any promotional and discount pricing, unless You cancel Your Membership. If You have registered for or requested an automatic Membership renewal, You agree that PQUBE may, to the extent permitted by applicable law, charge You or continue charging You on an automatic recurring basis for Your current Membership preferences unless You cancel Your Membership, which will become effective at the end of Your then-current Membership term or rolling period. If You have registered for or requested an automatic Membership renewal but do not have a valid credit card and/or other valid Payment Method information on file and Your Membership expires, You will not be able to receive the benefits associated with the Membership (e.g., resume Game play or any paid Services usage) without updating Your Payment Method information. PQUBE reserves the right to utilize third-party credit card updating services to obtain current expiration dates on credit cards provided by You to PQUBE. Customers who use a third-party Payment Method may incur additional payment processing fees charged by such third party to its customers, and may not be able to automatically renew Memberships.

6. Availability of Services and Content; Game Maintenance, Patches, Updates; Termination of Services

PQube does not guarantee that any Services will be accessible or available at all times, in all countries and/or all geographic locations, at any given time, or that PQube will continue to offer any particular Services for any particular length of time. Except as prohibited by applicable law and subject to the Statutory Obligations (as defined in Section 1), PQube reserves the right to change and/or update Content without notice to You. PQube also reserves the right to refuse Your request(s) to acquire Content, and to limit or block any request to acquire Content, including, but not limited to, Downloadable Content and Game Mods, for any reason.

PQube may patch, update, or modify a Service at any time with or without notice to You. Notwithstanding the foregoing, PQube has no obligation to make available any patches, updates, or modifications or correct any errors or defects in the Services. PQube makes no guarantees about the persistence or availability of any user names or other personas at any time and assumes no liability for lost or deleted Account data. Except as prohibited by applicable law and subject to the Statutory Obligations (as defined in Section 1), You agree that PQube will not be liable for any interruption of the Services, delay or failure to perform, any loss of Content (including, but not limited to, Virtual Currency, UGC, Game Mods and Downloadable Content), and/or Account data (including, but not limited to, Character data) resulting from any causes whatsoever. PQube reserves the right to offer new Services, change and/or discontinue certain Services at any time in its sole discretion.

Except as prohibited by applicable law and subject to the Statutory Obligations (as defined in Section 1), PQube may restrict, suspend, or terminate Your access to and receipt, play or use of some or any Services at any time. Should PQube make a material change to the Services, it will provide You notice within the time period specified when You joined the particular Service, or if no time period for notice of material changes was specified, then within thirty-five (35) days of the date such notice. Any such notice will be provided to You via email and/or posted on the applicable product or Service or on Your “My Account” section, at PQube’s discretion.

In response to a violation of these Terms of Service, PQube may, at its sole discretion, issue You a warning, suspend or restrict certain features of Your Account (including, but not limited to, user names), selectively modify or remove or revoke Downloadable Content at an Account and/or device level, immediately terminate any and all Accounts that You have established and/or temporarily or permanently ban Your Account, device, and/or machine from accessing, receiving, playing or using all or certain Services. PQube may terminate Your access to and/or receipt, play or use of the Services (i) for violating these Terms of Service; (ii) if PQube, in its sole discretion, deems that Your information is untrue, inaccurate, or incomplete; (iii) if Your access to or receipt, play or use of such Services infringes, or is suspected of infringing, another’s rights or any intellectual property; or (iv) if You or Your Account reflects inappropriate Content and/or violates these Terms of Service. Any and all Content (including, but not limited to, Software, Content, and Virtual Currency, and Downloadable Content) will be considered forfeit immediately in the event of any cancellation, closure, or termination of Your Account by PQube.

If PQube terminates an Account, it may terminate other Accounts that share the same characteristics, such as the name on the Account, email address, mailing address, Internet Protocol address, device identifier, or credit card number or other Payment Method. PQube reserves the right to use any means necessary and permitted under applicable law to identify and terminate Accounts.

You acknowledge that in such circumstances, PQube is not required to provide You notice before taking action to restrict, suspend, or terminate Your access to or receipt, play, or use of Services, and/or Your Account. If PQube terminates Your Account, You may not access, receive, play, or use any Service again without PQube’s express written permission. PQube reserves the right to refuse to keep Accounts for, and provide Services to, any individual. You may not allow individuals whose Accounts have been terminated by PQube to use Your Account.

If Your Account, a particular Membership for a Service associated with Your Account, or Your access to or receipt, play, or use of a Service, is terminated or suspended and/or if any Virtual Currency or other Downloadable Content is selectively removed, revoked or garnished from Your Account and/or if Your device is temporarily or permanently banned from accessing, receiving, playing, or using some or all of the Services, no refund will be granted, no Virtual Currency or other Downloadable Content will be credited to You or converted to cash or other forms of reimbursement, and You will have no further access to or receipt or use of Your Account or Virtual Currency or other Downloadable Content associated with Your Account or the particular Service except where any action has been taken against Your Account or device in error and subject to the Statutory Obligations (as defined in Section 1). If You believe that any action has been taken against Your Account or device in error, please contact Customer Support at [email protected].

7. Your Right to Cancel Your Account or Membership

You have the right to cancel Your Account or a particular Membership to a Service at any time. Additional cancellation terms in respect of a particular Membership may be specified when You become a member, in Your Account information, or in notices for Membership renewals. Generally, when You cancel a Membership the cancellation will be effective at the end of Your then-current Membership term or rolling period.

You may cancel Your Account or any Membership to a Service by accessing Your applicable account or membership page or contacting PQube’s Customer Support at [email protected]. PQube reserves the right to collect fees, applicable governmental charges (including sales tax, value added tax (VAT), goods and service tax (GST) and other taxes), or costs incurred before You cancel Your Account or a Membership to a Service. You are also responsible for any amounts owed to third-party vendors or Content providers before Your cancellation. Any delinquent or unpaid fees and other unresolved issues must be settled before You establish a new Account.

8. Rules of Conduct

Except as prohibited by applicable law and subject to the Statutory Obligations (as defined in Section 1), PQube has the right, in its sole discretion, to modify, restrict, suspend, or terminate Your access to or Your receipt, play or use of the Services for various reasons, including without limitation because (i) Your information is untrue, inaccurate, or incomplete; (ii) Your activities infringe, or are suspected to infringe, another’s rights or any intellectual property; (iii) PQube in its sole discretion determined that You or Your Account reflects inappropriate Content; or (iv) You or activities taken under or with Your Account violate these Terms of Service. Other Supplemental Terms pertaining to Your Service and/or Game, such as a Code of Conduct, provide guidance on behavior that PQube deems to be inappropriate and specify restrictions on Your Account, Your access to or receipt, play, or use of the Game, or Your participation in the Services.

You agree not to access, receive, play, or use any Service to:

• Take any action or upload, post, transmit, promote, or distribute any illegal Content, including, but not limited to, any UGC or any Game Mods;
• Take any action or upload, post, transmit, promote, or distribute any Content that infringes or violates any third-party rights;
• Engage in any activity that exploits, harms, or threatens to harm children.
• Harass, stalk, threaten, embarrass, spam or do anything else to another user of any Services that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, ethnicity, sex, gender, sexual orientation, religion, heritage, etc.;
• Take any action or upload, post, transmit, distribute, or communicate Your or any person’s real-world personal data;
• Impersonate any person or entity, including, but not limited to, PQube, PQube’s partners’ or affiliates’ employees, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
• Take any action, organize, transmit any Content, effectuate or participate in any activity, group, or guild that is harmful, tortuous, abusive, hateful (including “hate speech”), terrorist or violent extremist content, racially, ethnically, religiously, gender-based, or otherwise offensive, obscene, threatening, bullying (including advocating violence against others), vulgar, sexually explicit, defamatory, libelous, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or is, in a reasonable person’s view, objectionable and/or deemed to be in the sole discretion of PQube inappropriate;
• Promote, upload, transmit, encourage, or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or Virtual Currency or virtual items. In an effort to continuously improve the Services, You and other players discovering exploits, cheats, cracks or other inconsistencies are required to report them to PQube;
• Take any action or upload, post, transmit, promote, or distribute any Content or software code that may contain a Trojan horse, virus, worm, spyware, time bombs, cancelbots, corrupted data, malware, malicious code, or other computer programs that may damage, interfere with, intercept, expropriate or disrupt the Services, including, but not limited to, any Game(s), personal data, or confidential or proprietary information;
• Take any action that permits You to collect personal data or aggregated and/or anonymized statistics of others;
• Engage in disruptive behaviour in chat areas, game areas, forums, or any other area or aspect of the Services. Examples of disruptive behaviour include, but are not limited to, conduct which interferes with the normal flow of gameplay or dialogue within a Service, vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [i.e., all text in capitals] in an attempt to disturb other users, “spamming” or flooding [i.e., posting repetitive text], commercial postings, solicitations and advertisements, posting advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
• Attempt to get a password, Account information, or other private information from anyone else. As a reminder, PQube employees will never ask You to reveal Your password.

PQube may report certain incidents to law enforcement and other authorities, including, but not limited to, disclosing Account information, in the good faith belief that it is required to do so by law, or that doing so is reasonably necessary to comply with legal processes; when it deems it necessary or appropriate to disclose certain information to law enforcement and other authorities, such as to investigate actual or suspected fraud or violations of law, breaches of security, or breaches of these Terms of Service and/or Supplemental Terms; to respond to any claims; or to protect the rights, property, or personal safety of PQube, its customers, or the public.

Unless otherwise specified, there is no requirement or expectation that PQube will monitor or record any online activity on the Services. PQube reserves the right, but is under no obligation, to monitor communications within, through or across the Services, such as in-Game or on forums. PQube also reserves the right to access and/or record any online activity on the Services, and You give PQube Your express consent to access and record Your activities. This includes, but is not limited to, Your consent to access, record, and turn over any online activity where PQube believes that disclosure is necessary to comply with the law, to combat fraud and/or to comply with a judicial proceeding, court order, or legal process served on PQube or to comply with an order from a government entity or other competent authority, or when PQube has reason to believe that a disclosure is necessary to address potential or actual injury or interference with PQube’s, Your, or another user’s rights, property, or operations, or to protect others who may be harmed or may suffer loss or damage.

Subject to the Statutory Obligations (as defined in Section 1), You agree that in its sole discretion and without notice, PQube may remove Content, including Your data, from any Service, take whatever steps it deems necessary to abridge or prevent behavior of any sort in Services, including, but not limited to, in any Game(s) and that PQube has no liability for Your or any third party’s violation of these Terms of Service.

If You encounter another user who is violating a Code of Conduct, please report this activity to PQube by contacting PQube Customer Support at [email protected]. If You are in-Game, You can report an issue using an in-Game help feature where applicable or You may contact Customer Support directly at [email protected].

9. Your Use of the Services

You further agree not to access, create, or provide any other means through which the Services, including, but not limited to, any Game(s), may be used or accessed by others, such as through server emulators.

You may not participate, take part in, initiate, or engage in actions that impose an unreasonable or disproportionate load on the infrastructure hosting the Game(s) and/or Services.

You agree not to use any hardware or software or any other method of support that is not authorized by PQube or that may in any way influence or advantage Your playing abilities or influence or disadvantage the playing ability of others, or influence or advantage Your access to or receipt, play or use of the Services or influence or disadvantage the access of others. Third-party tools, the use of ‘bots’, “speed hacks”, “deep-link”, “page-scrape”, “robot”, “spider”, algorithm or other programs that copy or monitor any part of the Services (including, but not limited to, the Game(s) and/or forums), software that transmits, manipulates, or distributes (including, but are limited to, “mirroring”) the data stream or any aspect of the Services to another computer, server websites or other publication or distribution media, or software that permits You to access, receive, play or use Services without human input are examples of methods not authorized by PQube.

You acknowledge that You do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators, or tools derived from or created for certain Content (such as Game(s)), except as authorized in writing by an authorized PQube representative. You may use the Software to the extent expressly permitted by these Terms of Service and any applicable EULA.

Please note that any violation of these terms of service may constitute civil wrongs and/or criminal offenses and PQube reserves the right to take such action as PQube in its sole discretion deems appropriate in the circumstances.

PQube in its sole discretion may implement various forms of filtering, blocking, or monitoring of IP addresses, MAC addresses, or proxies used to use, play, receive or access the Services, including without limitation blocking or filtering measures that restrict Your ability to use, receive, play, or access the Services. PQube in its sole discretion may restrict access to or use, play, or receipt of certain features or Services to any person, jurisdictions, territories, or geographic areas.

10. Third-Party Sites and Products

Services may be linked to unaffiliated third-party websites or applications, such as social networking, live streams, blogging, and other third-party websites/applications (collectively, “Third-Party Sites”). Some of these Third-Party Sites permit You to log in using their existing account and credentials. Certain Services may allow You to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow You to configure Your privacy settings in Your Third-Party Site account to permit Your activities in connection with the Services to be shared with Your contacts in Your Third-Party Site account. In certain situations, You may be transferred to a Third-Party Site through a link but it may appear that You are still using the Services. These Third-Party Sites might require You to comply with the terms and conditions, user’s guides, and privacy policies of such Third-Party Sites.

Some of these Third-Party Sites may charge separate fees, which are not included in any Membership or other fees that You may pay under these Terms of Service. Any separate charges or obligations that You incur in Your dealings with third parties and Third-Party Sites are Your responsibility and may subject You to additional or different terms and restrictions. You are always responsible for having a suitable Internet connection to access, play, receive, or use Services made available or accessed via the Internet and for any fees charged for Internet service, telephone services, wireless services, data services, and other fees that You might incur when registering for or using any Services. You acknowledge and agree that in certain circumstances Your wireless carrier or Internet service provider may charge You fees for data, messaging and/or other wireless access in connection with Your registration for, access to, and/or receipt, play, and use of a Service. You should check with Your wireless service provide and Internet service provider to see if there are any such fees that apply to You or the Service. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS, RECEIVE, PLAY, OR USE SERVICES FROM YOUR HARDWARE DEVICES.

PQube provides access to the Third-Party Sites to You as a convenience, and PQube does not verify, make any representations or warranties or take responsibility for any such Third-Party Sites. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1), YOU AGREE THAT PQUBE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. PQUBE DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY THIRD-PARTY SITES OR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT OFFERED BY THIRD PARTIES THROUGH PQUBE OR ANY THIRD-PARTY SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PROVIDERS OF THIRD-PARTY SITES OR GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT OF THIRD PARTIES.

This Section 10 shall survive the termination of these Terms of Service.

11. Disclaimer of Warranty

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1), PQUBE, ITS LICENSORS AND RESELLERS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES TO YOU REGARDING ANY SERVICE, INCLUDING, BUT NOT LIMITED TO, THE QUALITY, FUNCTIONALITY, AVAILABILITY, ACCESSIBILITY OR PERFORMANCE OF A SERVICE. EACH SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.

IF YOU ARE NOT SATISFIED WITH THE QUALITY, FUNCTIONALITY, AVAILABILITY, ACCESSIBILITY OR PERFORMANCE OF A SERVICE, YOU MAY CANCEL YOUR ACCOUNT OR YOUR MEMBERSHIP TO THE SERVICE (SEE SECTION 7 ABOVE). AS NOTED IN THESE TERMS OF SERVICE, WHEN YOU CANCEL YOUR ACCOUNT OR MEMBERSHIP TO A SERVICE YOU WILL NOT BE ENTITLED TO RECEIVE A REFUND OF THE FEES FOR THAT SERVICE UNLESS APPLICABLE LAW SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1) REQUIRES A REFUND BE GIVEN.

IN SOME JURISDICTIONS, INCLUDING THE EEA, UK, SWITZERLAND, RUSSIA, AUSTRALIA, NEW ZEALAND, TURKEY, JAPAN, AND BRAZIL CERTAIN WARRANTIES MAY AUTOMATICALLY ARISE OR APPLY UNLESS THESE WARRANTIES ARE DISCLAIMED. SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1), PQUBE AND ITS LICENSORS DISCLAIM AND EXCLUDE ALL SUCH WARRANTIES EITHER EXPRESS, IMPLIED OR STATUTORY, IF AND TO THE EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, DATA ACCURACY, OR ACCURACY OF ANY OTHER INFORMATION OR CONTENT, SYSTEM INTEGRATION, AND QUIET ENJOYMENT WITH RESPECT TO ALL SERVICES AND ALL IMPLIED WARRANTIES THAT ARISE FROM COURSE OF DEALING OR USAGE OF TRADE.

THE FOLLOWING PROVISIONS OF THIS SECTION 11 ONLY APPLY TO THE EXTENT THEY ARE NOT CONTRARY TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1).

NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, COMPLIANCE WITH SPECIFICATIONS, SUITABILITY, OPERABILITY, CONDITION, NON-INTERFERENCE, WORKMANSHIP, AVAILABILITY OR PERFORMANCE OF THE SERVICES, ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON A PQUBE WEBSITE. PQUBE DOES NOT ASSUME LIABILITY FOR ANY INABILITY BY YOU TO ACCESS, RECEIVE, PLAY, OR USE ANY SERVICES. PQUBE DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS, RECEIVE, PLAY OR USE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT PQUBE WILL HAVE ADEQUATE CAPACITY FOR SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. IN STATES OR JURISDICTIONS THAT PROHIBIT THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN WARRANTIES, PQUBE SHALL DISCLAIM AND EXCLUDE WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW AND THE DURATION OF ANY SUCH WARRANTY THAT MAY NOT BE DISCLAIMED SHALL BE FOR THE SHORTEST DURATION PERMITTED BY APPLICABLE LAW. THIS SECTION 11 SHALL SURVIVE THE TERMINATION OF THESE TERMS OF SERVICE.

12. Limitation of Liability; Limited Remedies

A. General Information. THE LAWS IN MANY JURISDICTIONS ALLOW PQUBE TO LIMIT ITS LIABILITY FOR DAMAGES. THIS SECTION LIMITS THE LIABILITY OF PQUBE, ITS LICENSORS AND RESELLERS. HOWEVER, THIS SECTION 12 ONLY APPLIES TO THE EXTENT PERMITTED BY APPLICABLE LAW. IF APPLICABLE LAW DOES NOT ALLOW PQUBE, ITS LICENSORS AND RESELLERS TO LIMIT ITS/THEIR LIABILITY IN CERTAIN CIRCUMSTANCES, THEN THE LIMITATIONS IN THIS SECTION WILL NOT APPLY TO THOSE CIRCUMSTANCES.

IF YOU LIVE IN THE EEA, UK, SWITZERLAND, RUSSIA, AUSTRALIA, NEW ZEALAND, TURKEY, JAPAN, OR BRAZIL, THE FOLLOWING PROVISIONS OF THIS SECTION 12 APPLY ONLY TO THE EXTENT THEY ARE NOT CONTRARY TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1).

B. Limited Remedy. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PQUBE OR ITS LICENSORS OR RESELLERS ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR ANY SERVICE IS TO STOP USING, PLAY, RECEIVING OR ACCESSING THE SERVICE AND CANCEL YOUR ACCOUNT AND/OR MEMBERSHIP.

C. No Liability for Conduct, Communications or Content. YOU AGREE THAT PQUBE, ITS LICENSORS, RESELLERS, LICENSEES AND AFFILIATES ARE NOT LIABLE TO YOU FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON OR IN THE SERVICES.

D. Liability Cap. IN NO CASE SHALL THE AGGREGATE CUMULATIVE LIABILITY OF PQUBE OR ITS AFFILIATES (INCLUDING MICROSOFT), LICENSORS, LICENSEE, CONTENT PROVIDERS, AND DISTRIBUTORS/RESELLERS AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, CONTRACTORS, AGENTS, OR VENDORS, (COLLECTIVELY, “PQUBE AFFILIATES“) FOR DAMAGES TO YOU ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, ANY SERVICE, OR YOUR ACCESS TO, OR YOUR PLAY, RECEIPT, OR USE OF ANY SERVICE EXCEED USD$100.00.

E. Direct Damages. SUBJECT TO SECTION 12(D) ABOVE, PQUBE WILL COMPENSATE YOU FOR ANY REASONABLY FORESEEABLE LOSS OR DAMAGE YOU CAN SHOW THAT YOU HAVE SUFFERED AS A RESULT OF (I) PQUBE’S FAILURE TO CARRY OUT ITS OBLIGATIONS UNDER THESE TERMS OF SERVICE TO A REASONABLE STANDARD OR (II) PQUBE’S BREACH OF ANY DUTIES IMPOSED ON PQUBE BY LAW (INCLUDING, BUT NOT LIMITED TO, IF PQUBE CAUSES DEATH OR PERSONAL INJURY BY PQUBE’S NEGLIGENCE), UNLESS THE FAILURE OR BREACH IS ATTRIBUTED TO: (A) YOUR OWN FAULT IN WHOLE OR IN PART; (B) A THIRD PARTY UNCONNECTED WITH PQUBE’S PERFORMANCE OF THESE TERMS OF SERVICE (FOR INSTANCE PROBLEMS DUE TO OTHER USERS OF THE SERVICES, COMMUNICATIONS NETWORK PERFORMANCE, CONGESTION, AND CONNECTIVITY OR THE PERFORMANCE OF YOUR COMPUTER EQUIPMENT); OR (C) ANY OTHER EVENTS WHICH NEITHER PQUBE, PQUBE AFFILIATES, OR SUPPLIERS COULD HAVE FORESEEN OR FORESTALLED EVEN IF PQUBE OR THEY HAD TAKEN REASONABLE CARE. AS THE SERVICES ARE FOR CONSUMER USE ONLY, PQUBE AND PQUBE AFFILIATES WILL NOT BE LIABLE FOR ANY BUSINESS OR COMMERCIAL LOSSES OF ANY KIND OR NATURE, SUCH AS LOST DATA, LOST PROFITS, OR BUSINESS INTERRUPTION.

OTHER THAN AS PROVIDED IN THE FOREGOING PARAGRAPH AND CONSISTENT THEREWITH, PQUBE, PQUBE AFFILIATES, ITS LICENSORS AND RESELLERS WILL NOT BE LIABLE TO YOU FOR ANY OTHER LOSS OR DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF DATA OR CONTENT, DAMAGE CAUSED TO YOUR SOFTWARE, COMPUTER, MOBILE DEVICE OR OTHER HARDWARE, DATA BREACH AND SECURITY BREACH), REGARDLESS OF THE LEGAL THEORY ON WHICH ANY SUCH DAMAGES MAY BE BASED, INCLUDING WITHOUT LIMITATION THEORIES OF BREACH OF CONTRACT, TORT AND NEGLIGENCE, AND WHETHER OR NOT PQUBE HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES.

F. Application. THE LIMITATIONS SET FORTH IN THIS SECTION 12 SHALL APPLY EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS OF SERVICE FAILS OF ITS ESSENTIAL PURPOSE.

THIS SECTION 12 SHALL SURVIVE THE TERMINATION OF THESE TERMS OF SERVICE.

13. Indemnification/Reimbursement

If (i) You misuse any Service or breach these Terms of Service; (ii) You improperly or illegally access, play, receive, or use a Service or Your Account, including without limitation, the use of Your Account by anyone other than Yourself; or (iii) any contributions, actions or omissions by You in connection with Your access to, or play, receipt, or use of Services, including without limitation any Game Mod or UGC You contribute, results in PQube incurring any liabilities, damages, losses, costs and expenses (including without limitation attorneys’ fees and court costs), then You agree to reimburse PQube and its affiliates and other participants of the Services from all such liabilities, damages, losses, costs and expenses.

If a third party sues PQube for any of Section 13 (i) – (iii) above, PQube reserves the right to control the defence and settlement of such third-party lawsuit, and You agree to reimburse PQube for the cost of the defence, including, but not limited to, reasonable and documented attorneys’ fees.

This Section 13 shall survive any termination of these Terms of Service.

14. Termination of Your Account by PQube

Subject to the Statutory Obligations (as defined in Section 1), PQube reserves the right to restrict, suspend or terminate these Terms of Service and Your Account as provided in these Terms of Service including without limitation restricting, suspending or terminating any licenses, and/or access to or receipt, play, or use of one or more of the Services.

In addition, PQube reserves the right to restrict, suspend or terminate these Terms of Service and Your Account immediately and without notice to You if (i) You breach these Terms of Service, (ii) infringe or violate any third-party rights, including without limitation third-party intellectual rights, (iii) if PQube is unable to verify or authenticate any information You provide to PQube, or (iv) upon Your access to or Your play, receipt or use of Services, for any other activity whatsoever that is, in PQube’s sole discretion, unlawful, inappropriate, and/or in violation of the spirit of these Terms of Service or a Service, including without limitation Your actions in a Game(s) or forums.

Upon PQube’s decision to restrict, suspend, or terminate these Terms of Service, You will lose access to Your Account.

15. Dispute Resolution, Binding Arbitration, and Class Action Waiver

If You live in the EEA/UK/Switzerland/Australia/New Zealand/Turkey/Japan/Brazil, only this first paragraph of this Section 15 applies to You. You and PQube will try to resolve any disagreements that arise between us promptly and efficiently. You and PQube may agree to refer any disputed matter to resolution proceedings other than in a court but if not, You or PQube may bring court proceedings at any time. The European Commission has an online dispute resolution platform: http://ec.europa.eu/consumers/odr/. To bring a matter to our attention, please contact [email protected]. We will not participate in dispute settlement proceedings before a consumer arbitration board or scheme.

If You live in the United States or most other countries (except those listed in the paragraph just above), all of the terms below in this Section 15 apply to You. Please read them.

You and PQube agree that all Disputes (defined below) shall be resolved only by binding, individual arbitration. You and PQube are giving up the right to sue in court before a judge or jury. Instead, a neutral arbitrator decides the Dispute; the arbitrator’s decision is final, subject to very limited review in court. For the purpose of this Section 15, “PQube” includes its affiliates (including Microsoft), and each of their officers, directors, employees, and agents. “Dispute” means any dispute, claim, or controversy between You and PQube arising out of or relating to the Services or any aspect of Your relationship with PQube, 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, but is not limited to, the validity, enforceability, or scope of this Section 15. “Dispute” is to be given the broadest possible meaning.

YOU AND PQUBE AGREE 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 INDIVIDUAL ARBITRATION (AND NOT CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTIONS OR ARBITRATION) RATHER THAN IN COURT OR IN ANY OTHER PROCEEDING.

A. Pre-Arbitration Claim Resolution. You and PQube must first give the other an opportunity to resolve the Dispute by mailing written notification of the Dispute to PQube Ltd., Attn: Legal Dep’t, PQube, Venture House, Letchworth, SG6 2HW, UK. include Your (1) full legal name, (2) mailing address, (3) User Name, (4) the email address associated with Your Account or Membership, (5) the platform(s) and device(s) You typically use to access the Services, (6) a written description of Your Dispute, and (7) what relief You seek. We will send You a similar notification if we have a Dispute with You. If the Dispute is not resolved within forty-five (45) days after receipt of the notification, You or PQube may initiate an arbitration proceeding. You may bring Your Dispute in court only in small claims court or if You opt out of arbitration within 30 days from the date You first consent to these Terms of Service, as described in the paragraph just below.

B. Small Claims Court and Right to Opt Out of Arbitration Within 30 Days. You or PQube may pursue a Dispute in court and not by arbitration only (a) in small claims court where You live or in Letchworth, Hertfordshire, as You choose; or (b) IF YOU OPT-OUT OF ARBITRATION WITHIN 30 DAYS FROM THE DATE YOU FIRST CONSENT TO THESE TERMS OF SERVICE (the “Opt-Out Deadline“). You may opt out by mailing written notification to Attn: Legal Dep’t, PQube, Venture House, Letchworth, SG6 2HW, UK. Your written notification must include Your (1) full legal name, (2) mailing address, (3) User Name, (4) the email address associated with Your Account or Membership, and (5) a clear statement that You do not wish to resolve disputes through arbitration. Your decision to opt out will have no adverse effect on Your relationship with PQube. You are responsible for ensuring PQube’s receipt of Your opt-out notice, and You therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will be invalid and You must pursue Your Dispute in arbitration or small claims court.

C. Arbitration Procedures.

i. If we are unable to resolve the Dispute within 45 days of receipt of written notice of the Dispute, either You or PQube may start an arbitration proceeding before the American Arbitration Association (“AAA“), www.adr.org, if You live in North America, or before the International Centre for Dispute Resolution (“ICDR“), www.icdr.org, if You live anywhere else, in English before a single arbitrator. Any arbitration shall be individual and not a class, collective, consolidated, or representative arbitration. The arbitrator shall have exclusive authority to decide all issues with respect to Section 15, including, but not limited to, his or her own jurisdiction, whether we agreed to arbitrate any particular claim, and any alleged ambiguities in this Section 15. But if a person asserts that the parties agreed to a class, collective, consolidated, or representative arbitration, the court decides that issue.

ii. In Disputes before the AAA, the AAA’s Consumer Arbitration Rules will apply to Disputes of less than $75,000; and the AAA’s Commercial Arbitration Rules will apply to Disputes involving $75,000 or more. The ICDR’s rules will apply to Disputes before that entity. AAA and ICDR rules are available at www.adr.org and www.icdr.org or by calling 1-800-778-7879. This Agreement governs if it conflicts with the AAA or ICDR rules. Based on the class action waiver in subsection 15(C)(vii) below, under no circumstances will class action procedures or rules apply to the arbitration.

iii. Because the Services and these Terms of Service 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 conditions precedent to suit.

iv. Arbitration Decision (“Award“). The arbitrator may award You on an individual basis any damages or other relief a court could under applicable law and these Terms of Service, but will not have the power to award relief to, against, or for the benefit of any person who is not a party to the arbitration. The arbitrator may not award injunctive or declaratory relief that would affect how You or PQube treats persons who are not parties (sometimes called a “public injunction“). The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by You or PQube, but no such statement will have any precedential effect. Such award will be final and binding on the parties, except for review under the FAA, and may be entered in any court having jurisdiction over the parties for enforcement.

v. Location of Arbitration. The arbitration shall take place in London, England.

vi. Payment of Arbitration Fees and Costs. PQube will pay all arbitration filing fees and arbitrator’s fees and expenses upon Your written request given prior to the commencement of the arbitration or as otherwise required by applicable law or arbitration rules. You are responsible for all additional fees and costs that You incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if You provide timely notice and negotiate in good faith with PQube as provided in the subsection above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that You are the prevailing party in the arbitration, You will be entitled to reasonable attorney’s fees and costs as determined by the arbitrator.

vii. Class Action Waiver. Any arbitration proceedings will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative proceeding. Nor may arbitrations be joined together without the consent of all parties. If You pursue Your Dispute in court by opting out, as specified in Section 15(B) above, this Class Action Waiver will not apply to you. Neither You, any user of the Services, nor any other person, can be a class representative, class member, or otherwise bring or participate in a class, consolidated, private attorney general, or representative suit or proceeding without having complied with those opt-out requirements.

D. Jury and Court Waiver. You understand and agree that by entering into these Terms of Service You and PQube are waiving the right to a trial before a judge or jury in a public court. In the absence of this Section 15, You and PQube 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, but not limited to, class actions). Those rights are waived. Other rights that You would have if You went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration or may also be waived.

E. Severability. If anything within this Section 15 (other than the Class Action Waiver, subsection 15(C)(vii) above) is found to be illegal or unenforceable, it will be severed from this Section 15, and the remainder of this Section 15 will be given full force and effect. If the prohibition on public injunctions is found to be illegal or unenforceable, it will be severed and, if the arbitrator finds in the final award that a party is liable, a court will then consider the request for public-injunctive relief as a remedy for the liability the arbitrator found. If the Class Action Waiver is found to be illegal or unenforceable, this entire Section 15 will be unenforceable and the Dispute will be decided by a court.

F. Continuation. This Section 15 shall survive the termination of these Terms of Service and Your use of the Services.

G. Rejecting Dispute Resolution and Arbitration Modifications. Notwithstanding PQube’s right to modify these Terms of Service, PQube shall have no right to alter, amend, modify, or revoke this Section 15 (Dispute Resolution, Binding Arbitration and Class Action Waiver) without giving You prior notice and an opportunity to reject the alteration, amendment, modification, or revocation. You may reject any change we make to this Section 15 (except address changes) by sending us notice within 30 days of the change by U.S. Mail (or the postal service in Your country) to the address in Section 15(B). If You do, the most recent version of Section 15 before the change You rejected will apply. Please include your (1) full legal name, (2) mailing address, (3) User Name, (4) the email address associated with Your Account or Membership, and (5) a clear statement that You reject the changes to Section 15.

16. Unsolicited Materials

PQube has an established policy not to accept or consider any unsolicited material, ideas, or suggestions of any nature whatsoever. Please do not send us any unsolicited materials, as they will not be considered by anyone at PQube. Any unsolicited materials sent will be treated as non-confidential, and PQube will not be liable for any use or disclosure of such unsolicited material.

If You do send any creative materials, including, but not limited to, feedback, creative suggestions, error corrections, ideas, notes, drawings, fan art, storylines, music, concepts, data, or other Content that is not UGC or a Game Mod, transmitted via the Services, websites, U.S. Postal Service, Fed-Ex, mail, electronic mail or otherwise (collectively “Information“), such creative materials and communications shall to the fullest extent permitted by law be deemed to be the property of PQube and You hereby assign and agree to assign to PQube full and unfettered ownership of all such Information. None of the Information shall be subject to any obligation of confidentiality on the part of PQube and PQube shall not be liable to You for any use or disclosure of any Information. PQube shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and on any media, and shall be entitled to unrestricted use and exploitation of the Information for any purpose whatsoever, commercial or otherwise, without compensation to, or approval by, You.

17. Intellectual Property Infringement

PQube respects the intellectual property rights of others, and requires that those who access, play, receive, purchase, or use its Services do the same. PQube will terminate the Account and access to, receipt, play or use of the Services of any user who is responsible for any act(s) of intellectual property infringement. You may not, and by accessing, playing, receiving, or using the Services You agree not to, access or use the Services to transmit material: (i) that is copyrighted, unless You are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) that reveals trade secrets, unless You own them or have the permission of the owner to so transmit them; or (iii) that infringes on any Intellectual Property Rights, as defined below, of others or violates the privacy or rights of publicity of others. For purposes of these Terms of Service, the term “Intellectual Property Rights” means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights, and similar rights.

If You believe that any Content appearing on the Services has been copied in a way that constitutes copyright infringement, please send a written communication that includes the following information to the Copyright Agent named below (please consult Your counsel and/or see Section 512(c)(3) of the Digital Millennium Copyright Act):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• 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.
• 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 the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate Content quickly.
• Information reasonably sufficient to permit the service provider 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.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Email: [email protected]

Mail: For Attn: Legal Dep’t, PQube, Venture House, Letchworth, SG6 2HW, UK

If You believe that any Content appearing on the Services has been used in a way that constitutes an infringement or misappropriation of Intellectual Property Rights other than copyright infringement, please send a written communication following the above procedures that describes the purported infringement or misappropriation. PQube will notify You if it removes or disables access to copyright-protected material that You provide, if such removal is pursuant to a valid DMCA take-down notice that PQube has received. If You receive such notice from PQube, You may provide PQube with a counter-notification in writing to PQube’s designated agent that includes all of the following information:

• Your physical or electronic signature;
• 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;
• A statement from You under the penalty of perjury, 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
• Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which PQube may be located, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

PQube may, but is not obligated to, follow similar procedures if it removes or disables any Content that purportedly constitutes infringement or misappropriation of any Intellectual Property Rights other than copyrights.

18. General Terms

A. No Third Parties Have Rights or Remedies. You agree that these Terms of Service (including without limitation the Supplemental Terms) and PQube’s enforcement of these Terms of Service, are not intended to confer and do not confer any rights or remedies upon any person other than You, PQube, PQube’s licensors and Resellers, and PQube Affiliates (including Microsoft).

B. Severability. Except as specifically provided in Section 15 above, if any part of these Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of such part, and the remaining portions of these Terms of Service shall remain in full force and effect.

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

D. Governing Law.

i. If You live in North America, these Terms of Service and all Disputes (as defined in Section 15 above) shall be governed by the laws of Your state or province, excluding its choice or law and/or conflict of laws rules and principles that would result in another state or country’s laws applying to these Terms of Service or any Disputes, except that the U.S. Federal Arbitration Act governs arbitration. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) do not apply.

ii. If You live outside of North America, subject to any local mandatory law applicable in Your country, these Terms of Service and all Disputes (as defined in Section 15 above) shall be governed by the laws of Your country, state, or province, excluding its conflict of laws rules and principles that would result in another state, province, or country’s laws applying to these Terms of Service or any Disputes, except that the U.S. Federal Arbitration Act governs arbitration. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

19. Entire Agreement

These Terms of Service (including, without limitation, Game EULAs and other Supplemental Terms) constitute the entire agreement between You and PQube relating to the Services. These Terms of Service supersede any prior or contemporaneous understanding, representation, or other agreement, written or oral, regarding the subject matter of these Terms of Service.

If there is any direct conflict between specific terms and conditions in these Terms of Service, a EULA and any Supplemental Terms for a particular Game or Service, the terms and conditions shall govern Your use, play, receipt, and access of that Game or Service in the following order of precedence, except that Section 15 (Dispute Resolution, Binding Arbitration, and Class Action Waiver) above takes precedence over any conflicting term or condition:

(A) with respect to any specific Game: (i) the EULA, the terms of service/use, or other Supplemental Terms for that Game; (ii) the Code of Conduct for that Game (if any); (iii) the applicable beta agreement for that Game; (iv) any applicable nondisclosure agreement for that Game and (v) these Terms of Service, and

(B) with respect to any Services, whether or not related to a Game (subject to (A) above): (i) these Terms of Service and (ii) the applicable Code of Conduct (if any). PQube will be the final and sole arbiter of any interpretation of any inconsistencies.

Notwithstanding the foregoing, in connection with a tournament sponsored by PQube, if either the tournament rules or any terms in a PQube tournament agreement for the specific tournament directly conflict with specific terms and conditions in these Terms of Service or any applicable Supplemental Terms, the applicable tournament rules and terms in the tournament agreement will control, but solely for purpose of the specific tournament and not for any other purpose.

In addition, in connection with a contest, if either the contest rules for the specific contest directly conflict with specific terms and conditions in these Terms of Service or any Supplemental Terms, the applicable contest rule will control, but solely for purpose of the specific contest and not for any other purpose. In addition, the PQube Privacy Policy, available at https://pqube.co.uk/privacy-policy/, sets forth how PQube and its affiliates and subsidiaries (including PQube and PQUBE) collect, use, disclose and otherwise process your personal data related to our Services.

20. Notice to California Residents

Pursuant to Cal. Civil Code § 1789.3, please note that (a) PQube is located at PQube, Venture House, Letchworth, SG6 2HW, UK, (b) Services, content, and pricing information are posted as part of the ordering process for this site (please consult Your individual purchase confirmation e-mail for the charges You incurred for the access to or playing, receipt or use of any Services), and (c) if You have a complaint regarding any Services or desire further information on access to or playing, receiving, or using of any Services, visit Customer Support at [email protected]. For complaints, You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, CA 95814 or by telephone at (916) 445-1254 or (800) 952-5210.

21. Notice to EEA/Swiss Residents

If You are an EEA/Swiss customer purchasing Services or Content from PQUBE which are not immediately digitally delivered to You, You will have the right to cancel Your agreement to purchase them within fourteen (14) days without giving any reason. The cancellation period will expire fourteen (14) days from the day of the conclusion of the contract. To exercise the right to cancel, You must inform PQube Customer Support by visiting [email protected] or by mail at PQube, Venture House, Letchworth, SG6 2HW, UK of Your decision to cancel the agreement by a clear statement (e.g. by a letter sent by post, fax or e-mail). To meet the cancellation deadline, it is sufficient for You to send the communication concerning Your cancellation before the cancellation period has expired. If You cancel the agreement, PQUBE will reimburse to You all payments received from You. PQUBE will make the reimbursement without undue delay and not later than fourteen (14) days after the day on which PQUBE is informed about Your decision to cancel the agreement. PQUBE will make the reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly instructed us otherwise. In any event, You will not incur any fees as a result of the reimbursement. This withdrawal right is in addition to Your other consumer rights. VERY IMPORTANT NOTE: If You are an EEA/Swiss customer purchasing Services or Content from PQUBE which are immediately digitally delivered to You, You will be asked to consent to immediate performance of Your agreement to purchase them and to agree that You will thereby lose Your above right of withdrawal.

22. Contact Us

If You have any questions about these Terms of Service or otherwise need to contact PQube for any reason, You can reach us at:

Customer Service, PQube, Venture House, Letchworth, SG6 2HW,
UK Website: [email protected]

Last Updated 31^st March, 2022.