CrossfireX Terms of Use

Updated in 2022


TO ENTER INTO THESE CROSSFIREX TERMS OF USE ("TERMS"), YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS WHILE USING OR ACCESSING OUR SERVICES, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO ACCESS YOUR CFX ACCOUNT. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY, UNDERSTAND AND ACCEPT THESE TERMS (INCLUDING ITS DISPUTE RESOLUTION TERMS). IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THIS AGREEMENT.

These Terms govern the relationship between you as the user and Smilegate West, Inc./Smilegate Entertainment, Inc. (collectively, "SGW"), the co-publishers of CrossfireX (the “Game”), regarding your use of the Game and related services provided by SGW, including the website located at www.crossfirex.com (collectively, the "Service"); provided, however, that if you are a resident of the Republic of Korea, your relationship with SGW will be governed by the Korean Terms of Use instead, located at: https://cfx.game.onstove.com/en/termsofservice_kor.html

Your use of any aspect of the Service signifies that you agree to these Terms and constitutes your binding acceptance of these Terms, including any modifications that SGW makes from time to time.

If at any point for any reason you do not agree to any portion of the Terms, or any other SGW policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate and you must immediately remove any Software (defined in Section 3.2) installed on your devices and stop using the Service.

You acknowledge that your use of the Service is also subject to SGW's Privacy Policy, a copy of which is available here https://cfx.game.onstove.com/en/privacypolicy.html.

You must provide all equipment and software necessary to connect to the Service, which may include a console device. You are responsible for all internet fees, data fees, or subscription fees that you incur while accessing the Service.


1. Changes to Terms

  1. SGW reserves the right, at its discretion, to change, modify, add or remove portions of these Terms at any time. SGW may update these Terms as the Service and applicable law evolves ("New Terms"). SGW will notify you of New Terms by posting New Terms at this location, and may also provide you with other notices of New Terms which may include email, postal mail, pop-up screen, or in-game notice. Your continued use of the Service will signify that you have reviewed and accepted New Terms. In any event, all New Terms become effective 30 days after being posted here. If you decline to accept New Terms, or if you cannot comply with New Terms for any reason, you must not access the Service.

  2. These Terms may not be otherwise amended except in writing, hand signed by you and SGW. For purposes of this provision, "writing" does not include an e-mail message and a signature does not include an electronic signature.

  3. Unless otherwise set forth in these Terms, to the extent these Terms conflict with any other SGW terms, policies, rules or codes of conduct, these Terms shall govern.


2. Violation of Terms

  1. WITHOUT LIMITING OUR OTHER REMEDIES, SGW MAY, WITH OR WITHOUT NOTICE TO YOU, IMPOSE PENALTIES ON YOUR CFX ACCOUNT; DELAY OR REMOVE HOSTED CONTENT, AND/OR; TAKE TECHNICAL AND/OR LEGAL STEPS THAT MAY RESULT IN ADVERSE CONSEQUENCES TO YOU, IF SGW BELIEVES THAT YOU ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES TO ANOTHER, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. AS A RESULT, YOU MAY LOSE YOUR USERNAMES AND CHARACTERS, AS WELL AS ANY BENEFITS, PRIVILEGES, ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE. SGW WILL BE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH RESULTING LOSS OR DAMAGE.

  2. SGW reserves the right to stop offering and/or supporting the Service or any part thereof at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, SGW shall not be required to provide refunds, benefits or other compensation to you in connection with such discontinued elements of the Service, except as otherwise required by applicable law.


3. Grant of a Limited License

  1. Subject to the provisions of these Terms, SGW grants you a non-exclusive, non-transferable, revocable limited license ("License") to access and use the Service solely for your own personal, non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

  2. The Service and any software that is made available to download from the Service, including Game client software installed on your devices ("Software") is the copyrighted work of SGW, our licensors, and/or other suppliers. Use of the Software is governed by these Terms. Software, including, without limitation, all HTML code contained on the Service, is owned by SGW, our licensors, and/or other suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software or Service is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum possible extent.

  3. Software Ownership

    1. All title, ownership rights and intellectual property rights in and to the Software and all copies thereof (including, but not limited to, any titles, game codes, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artworks, character inventories, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, any related documentations, and "applets" incorporated into the Software) are owned or licensed by SGW. The Game may contain certain licensed materials, and the licensors of those materials may enforce their rights in the event of any violation of this Section.
    2. The Software is licensed, not sold, to you under the License. The License does not grant you any title or ownership in the Software.
    3. You may not sell, rent, lease, license, distribute, or otherwise transfer the Software, any parts thereof, or any of your rights and obligations under these Terms, to others.
    4. You may not modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Software or any part thereof.
    5. ou may not combine the Software or any part thereof with, or incorporate the Software or any part thereof in, any other program.
    6. You may not reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Software or any part thereof.
    7. You may not use the Software in violation of any law, regulation, or rule.
  4. Virtual Items

    You understand that while at times you may "earn", "buy", "exchange" or "purchase" (a) virtual currency for use in the Service; or (b) virtual in-game items (together with virtual currency, "Virtual Items"), you do not own the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, you are purchasing a limited license to use the Service, including software programs that occasionally manifest themselves as these items. Any "virtual currency" balance shown in your CFX Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.

    Virtual Items are not transferable to another person or another CFX Account (unless otherwise explicitly permitted by SGW), has no cash value and is not redeemable for any sum of money or monetary value from SGW at any time. Virtual Items do not constitute a personal property right.

    SGW reserve the right to reduce, liquidate, deactivate, suspend or terminate your Virtual Items or access thereto if it has reasons to believe that you have misused Virtual Items or used them to conduct any fraudulent or illegal activity.

  5. Export Restrictions and Controls

    You acknowledge that the Software may be subject to international rules that govern the export of software. You agree to comply with all applicable international and local laws that apply to the use of Service, as well as end-user, end-use and destination restrictions issued by governmental authorities.

  6. Patches and Updates

    SGW may deploy or provide patches, updates and modifications to the Game that must be installed for the user to continue the use of Service. You consent to SGW updating the Game remotely, including, without limitation, the Game Client residing on your machine, without any advance notice to you, and you hereby grant to SGW your consent to deploy and apply such patches, updates and modifications to the Game by push, pull, or any other technology now known or developed in the future.


4. Your CFX Account

  1. By agreeing to the Terms and accessing the Game, a personal account to play the Game will be created on the Service ("CFX Account") based on the Microsoft account used to access the Game on the Xbox Live Service. The CFX Account is automatically created without any other input required from you and contains your game information, including but not limited to: game progression, inventory and in-game currency. You may also optionally create a STOVE account and link your Microsoft account to utilize CFX website-based features. STOVE account is not required to play the Game. Both Microsoft account and STOVE account are governed by their respective terms and policies, listed at their respective websites.

  2. You acknowledge that it is your responsibility to maintain in good standing any accounts required to access the Game or Service, such as the Microsoft account or the STOVE account.

  3. Notwithstanding anything herein to the contrary, you acknowledge and agree that you shall have no ownership or other property interest in your CFX Account, and you further acknowledge and agree that all rights in and to your CFX Account are and shall be owned solely and exclusively by SGW. The use of any information that you provide to SGW in connection with using your CFX Account is subject to SGW's Privacy Policy.

  4. You are responsible for the activity on your CFX Account.

  5. SGW will not be liable for any loss or damage that you may suffer as a result of someone else using your CFX Account, either with or without your knowledge. You will be liable for any and all loss or damage incurred by SGW and/or any of its licensors due to someone else using your CFX Account. You may not use anyone else's CFX Account at any time. Your CFX Account is personal to you. You may not transfer or make your CFX Account available to others. Any distribution or sharing of your CFX Account or related information may result in penalties being imposed on your CFX Account, without any refund or compensation thereof, and may also result in the imposition of additional charges to your CFX Account based on any unauthorized usage.

  6. Only "natural persons," as opposed to any kinds of legal entities (e.g., corporations, limited liability companies, and/or partnerships), shall have the right to establish a CFX Account.

  7. You confirm that you meet the applicable age requirement for the use of Game in your jurisdiction, and acknowledge that you are prohibited from using the Service or the Game if you do not meet the age requirement.


5. Your Responsibilities

You agree that you may not access or use the Service to:

  1. Conduct surveys, contests or pyramid schemes;

  2. Send chain letters, junk emails or any other forms of solicitation;

  3. Distribute spam or any duplicative or unsolicited messages (commercial or otherwise);

  4. Defame, abuse, harass, stalk, threaten or otherwise violate the rights (including, without limitation, rights of privacy and publicity) of others;

  5. Publish, post, upload, transmit, distribute or disseminate any information, data, text, software, music, sound, photographs, graphics, images, video, messages, tags or other material (collectively, "Content") that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, embarrassing, unwanted, invasive of another's right of privacy or publicity, racially or ethnically hateful or, in a reasonable person's view, otherwise offensive or objectionable;

  6. Use, upload, transmit, distribute or otherwise make available any Content, in any manner that infringes or misappropriates any copyright, trademark, patent, trade secret, or other right of any party;

  7. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or other users' computers or devices or in any way alters the Software or its application;

  8. Advertise or offer to sell or buy any goods or services for any purpose, unless the Service or SGW expressly permits such messages.

  9. Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of Software or other Content;

  10. Restrict or inhibit any other user of the Service from using and enjoying the Service by, for example, disrupting the flow of chat in chat rooms or voice chats with vulgar language, hitting the return key repeatedly so the screen goes by too fast to read, using excessive SHOUTING (all caps) in an attempt to disturb other users, "spamming," or flooding (continuous posting of repetitive text);

  11. Violate any license agreements (including, without limitation, any end user license, code of conduct or other terms of use/service or guidelines) which may be applicable to the Service or Software;

  12. Attempt to harvest (in an automated manner or otherwise) or collect any information about others, including e-mail addresses, or use such information to send unsolicited communications;

  13. Violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or using or distributing cheats or hacks for the Service or the Software.

  14. Impersonate or create a false identity (such as a celebrity or an SGW representative) or otherwise misrepresent your affiliation with a person or any entity;

  15. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Service;

  16. Attempt to get a password, other account information, or other private information from a user of the Service;

  17. Improperly use in-game support to make misleading reports to SGW administrators and representatives;

  18. Use, develop or distribute an "auto" software program, a "macro" software program or any other "cheat utility" software program or application in violation of any software license agreement;

  19. Use the Service to resell or make any commercial use of the Service, or otherwise use the Service for any commercial purpose or for the benefit of any third party, without a prior written consent of SGW ;

  20. Use the Service for a fraudulent transaction including, without limitation, a fraudulent in-game virtual transaction;

  21. Attempt to hack the Service, or to defeat or overcome any encryption technology or security measures implemented by SGW with respect to the Service and/or data transmitted, processed or stored by SGW;

  22. Interfere with or disrupt the Service or any servers or networks connected to or operated with the Service, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with the Service; or

  23. Disrupt or assist in the disruption of (i) any computer used to support the Service; or (ii) any other user's Service experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SERVICE IS A VIOLATION OF THESE TERMS, AND ALSO A VIOLATION OF RELEVANT CRIMINAL AND CIVIL LAWS.


6. CrossfireX Game Policy

By accepting these terms, you also agree to follow and abide by all Game policies and procedures.

  1. Account Responsibility and Responsibility of Actions

    It is the responsibility of the CFX Account holder to ensure that they have access to the Microsoft account or the STOVE account that is required to access the Game or website. SGW takes no responsibility for the CFX Account holder's inability to access the Service due to his/her not being able to access his/her Microsoft account or STOVE account.

    All actions taken on a CFX Account are the responsibilities of the Account holder. You shall not share your CFX Account with other people and shall not buy, sell, trade any CFX Account. CFX Accounts that are related to such account sharing/buying/selling/trading activities may suffer adverse consequences pursuant to subsections 2, 3 and 4 below.

  2. Account Penalties

    SGW reserves the right to issue warnings or penalties to CFX Accounts at any time for any reason, or for no reason, with or without notice to you. Most, but not all, major CFX Account penalties will result from major violations of these Terms. For minor violations of these Terms, SGW may give you warnings and/or place minor penalties on your CFX Account due to your non-compliance.

  3. Disputes in Relation to Penalties

    You have 48 hours to contact SGW to dispute any penalties imposed on your account, including but not limited to: penalties related to suspected Hacking, Harassment, Impersonation (each specified below), or any other malicious activity. Contacting SGW regarding any penalty imposed for any of these reasons does not ensure that the penalty will be cancelled.

    Hacking: Use of software to alter Game files, influence/facilitate gameplay, or access parts of the Game that are otherwise inaccessible by normal operation.

    Harassment: Engaging in any conduct intended to reduce or disrupt the Game experience of other users such as abusive behavior or chat.

    Impersonation: Pretending to be or falsely implying that you are another person, or an SGW employee or representative.

  4. Character Naming Conventions

    The character name of a CFX Account is automatically generated based on the gamertag of the Microsoft account used to access the Game. A character name shall not, in any way, reference any negative content including, but not limited to: sexual contents, racial/ethnic epithets, slangs, extreme violence, obscene and/or vulgar languages. SGW, in its sole discretion, reserves the right to judge the contents of a character name used in the Game and determine the best course of action. This affects only the name used in the Game and does not affect your Microsoft account details, such as the gamertag.

  5. Linking Microsoft account and Stove Account

    Linking your Microsoft account with your Stove account may be required to access certain features or benefits, including but not limited to: CrossfireX Coupon System (redemption of promotional codes for in-game items), CrossfireX Customer Support and CrossfireX in-game rewards (for completing the linking of Microsoft and Stove accounts).


7. Company Duty to Monitor

You agree that SGW is not liable for any Content provided by other users. SGW has no duty to pre-screen Content, but SGW reserves the right to reject or edit any submitted Content. SGW reserves the right to remove Content for any reason, but shall not be responsible for any failure or delay in removing such material.


8. Fee-Based Services and In-Game Exchanges

  1. You may purchase licenses to certain Virtual Items with "real world" money. These purchases are done through the Microsoft Store and are subject to Microsoft's applicable terms and policies, as agreed upon between you and Microsoft. You acknowledge that it is your responsibility to contact Microsoft for any inquiries regarding purchases made on the Microsoft Store.

  2. You may spend virtual currencies to acquire licenses to certain Virtual Items for use within the Game. You acknowledge that these exchanges are final, and that SGW is not required to provide any refund in relation to such exchange for any reason. You will not receive any compensation for any unused Virtual Item if it becomes unavailable as the result of any penalty imposed on your CFX Account, except as otherwise required by applicable law. SGW may revise pricing for any such Virtual Item.


9. Virtual Items Generally

To the extent permitted under applicable laws, you agree that SGW retains the unfettered right to modify any and all aspects of the Service and Virtual Items. You acknowledge that SGW has been, is, and will be constantly making changes to the Service. You further acknowledge that SGW can and will, in its discretion, modify features, functions or abilities of any element of the Service or any Virtual Items (which may, among other things, make the Virtual Items substantially more valuable, effective or functional, or less valuable, effective or functional, more common or less common, or eliminated entirely).

YOU PROMISE, THEREFORE, THAT YOU WILL NEVER ASSERT OR BRING AGAINST SGW, ITS LICENSOR(S) OR THIRD PARTY PROVIDERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, ANY CLAIM OR SUIT RELATED TO OR BASED ON (I) THE "VALUE" OF VIRTUAL ITEMS IF SGW DELETES THEM (AND/OR IF THEY BECOME UNAVAILABLE AS THE RESULT OF ANY PENALTY IMPOSED ON YOUR CFX ACCOUNT(S)), (II) THE "VALUE" OF VIRTUAL ITEMS THAT YOU MAY LOSE IF SGW DOES ANYTHING THAT IT IS ENTITLED TO DO PURSUANT TO ANY PROVISION OF THESE TERMS, RULES OF CONDUCT, TERMS OF SERVICE AND/OR PRIVACY POLICY, OR FOR ANY MALFUNCTIONS AND/OR BUGS IN THE SERVICE AND/OR (III) THE "VALUE" OF ANY VIRTUAL ITEMS THAT HAS INCREASED OR DECREASED BY VIRTUE OF ANY MODIFICATION THAT SGW HAS MADE OR WILL MAKE TO THE SERVICE.


10. TERMINATION

These Terms are effective until terminated. You may terminate these Terms by contacting CrossfireX Customer Support. After your termination request is successfully submitted through CrossfireX Customer Support, SGW will deregister any CFX Account registered to you. Upon the completion of such termination process, your license to use the Service shall immediately terminate and you must immediately remove any Software (defined in Section 3.2) installed on your devices and stop using the Service

You acknowledge and agree that you are not entitled to any refunds, benefits, or other compensations of any kind for any purchases, exchanges or pre-payments made prior to any termination of these Terms, or as a result of any penalties imposed on your CFX Account, except to the extent required by applicable law.


11. COPYRIGHT NOTICES/COMPLAINTS

  1. It is SGW's policy to respond to notices of alleged copyright infringements that comply with the Copyright Act of Canada. SGW reserves the right to impose penalties on any account of a Service user if that user is determined by SGW, in its sole discretion, to be a "repeat infringer." In addition, SGW accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.

    The Copyright Act of Canada provides recourse to copyright owners who believe that their rights under the Act have been infringed by acts of third parties over the Internet.

    If you believe that your copyrighted work has been copied, reproduced, displayed, duplicated, performed, distributed, or otherwise infringed without your authorization and is available on the Service in a way that may constitute copyright infringement, you may provide notice of your claim to SGW's Designated Agent listed below. For your notice to be effective, it must include the following information:

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. A description of the copyrighted work that you claim has been infringed upon;
    3. A description of where the alleged infringing material is located;
    4. Information reasonably sufficient to permit SGW to contact you, such as an address, telephone number, and, if available, an e-mail address at which you may be contacted;
    5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Designated Agent is: Smilegate West, Inc.
    Attn: Copyright Infringement Administrator
    PO Box 10061,
    Toronto, Ontario, CANADA M2N 0B6
    Email: info@smilegatewest.com

  2. If your Content or other information has been affected by reason of a notification under the Copyright Act of Canada, you may make a counter-notification. You will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content or your activity is not infringing the copyrights of others. When SGW receives such a counter-notification, SGW may reinstate the material in question upon its own discretion.

    To file a counter-notification with SGW, you must provide SGW with a written communication sent to Designated Agent identified above that sets forth the following items:

    1. An identification of the URLs or other unique identifying information of material that SGW has removed or to which SGW has disabled access;
    2. Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Ontario, Canada if your address is outside of Canada), and that you will accept service of process from the person who provided notification under the Copyright Act of Canada or an agent of such person;
    3. A statement, under penalty of perjury, that you have a good faith belief that content at issue was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
    4. Your physical or electronic signature

12. DISCLAIMER OF WARRANTY

  1. NEITHER SGW, ITS LICENSORS AND THIRD PARTY PROVIDERS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "SGW PARTIES"), MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE.

  2. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL INFORMATION, CONTENT AND SERVICES CONTAINED THEREON ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SGW PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS. USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES AVAILABLE THROUGH THE SERVICE, IS AT YOUR SOLE RISK.


13. LIMITATION OF LIABILITY

  1. SUBJECT TO ANY APPLICABLE LAWS WHICH PROHIBIT THE FOLLOWING LIMITATIONS AND EXCLUSIONS, THE DISCLAIMERS OF LIABILITY CONTAINED IN SECTIONS 12 AND 13 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE STATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

  2. IN NO EVENT SHALL ANY OF THE SGW PARTIES BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO (I) THE USE OF OR INABILITY TO USE THE SERVICE, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE BY YOU OF THE SERVICE OR ANY OTHER SERVICE OWNED OR OPERATED BY ANY PARTY AND/OR (IV) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY, IN CONNECTION WITH THE SERVICE; OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF SGW WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  3. IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY SGW PURSUANT TO THESE TERMS, OR IN ANY OTHER WAY CONCERNING THE SERVICE, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF THE SERVICE IN THE 12 MONTH PERIOD PRECEDING YOUR CLAIM.

  4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, INCLUDING (AS APPLICABLE IN YOUR JURISDICTION), WARRANTIES OF TITLE, POSSESSION, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CORRESPONDENCE WITH A DESCRIPTION OR SAMPLE OF THE APPLICABLE GOODS, AND THAT SERVICES WILL BE CARRIED OUT AT A REASONABLE PRICE, USING REASONABLE SKILL AND WITHIN A REASONABLE TIME. IN SUCH JURISDICTIONS THE LIMITATIONS AND EXCLUSIONS SET FORTH IN SECTIONS 12 AND 13 MAY NOT APPLY TO YOU. CONSEQUENTLY, IN SUCH JURISDICTIONS, THE LIABILITY OF ANY SGW PARTY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEREBY MINIMIZING THE LIABILITY OF SUCH SGW PARTY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THIS AGREEMENT.

  5. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR LEGAL RIGHTS UNDER CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

  6. SGW PARTIES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT; NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, OR ILLEGAL POSTING OR CONDUCT ON THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL COMMUNICATIONS BY ANYONE OTHER THAN AUTHORIZED SGW EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCE SHALL ANY SGW PARTY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SERVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE. PLEASE SEEK PROFESSIONAL ADVICE, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

  7. SGW PARTIES DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE SERVICE. NO SGW PARTY SHALL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE APPROPRIATE CAUTION.


14. Indemnification

You agree to indemnify, save, and hold SGW, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. SGW reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify SGW, and you agree to cooperate with SGW's defense of these claims. SGW will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this paragraph shall survive any termination or deactivation of your CFX Account or of the Service.


15. Seizure Warning

A very small percentage of people may have seizures or blackouts when exposed to certain light patterns, flashing lights, or flashing images, including while playing or watching video games, even if they have never had a seizure or a blackout in the past. Children and teenagers are more susceptible to seizures than adults.

Symptoms of seizures include: lightheadedness, jerking or shaking of the extremities, disorientation, full convulsions (which can lead to other injuries by causing an individual to fall off of a chair and/or strike objects nearby), confusion, altered vision, loss of awareness, eye or muscle twitching. If you experience any of these or similar symptoms while playing a video game, STOP PLAYING AND CONSULT YOUR DOCTOR IMMEDIATELY.

Parents should watch when their children play video games and ensure their children are not experiencing symptoms. If you or anyone in your family have had an epileptic condition or history of seizures, consult your physician prior to playing video games because you may have an undiagnosed condition.


16. Equitable Remedies

You acknowledge that the rights granted to you and obligations made to SGW under these Terms are of a unique and irreplaceable nature, the loss of which shall irreparably harm SGW and which cannot be replaced by monetary damages alone. Accordingly, SGW shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

To the extent permitted under applicable laws, you irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any SGW game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to monetary damages (but only to the extent permissible under these Terms).


17. Disputes

  1. These Terms and the relationship between you and SGW shall be governed by the laws of the province of Ontario, Canada, without regard to its conflict of law provisions.

  2. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed.

  3. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than CAD $10,000, the party requesting relief shall resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. The party requesting relief shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) all aspects of the arbitration shall be conducted in the English language; (c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (d) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

  4. For any claim where the total amount of the award sought is more than CAD $10,000, the party requesting relief shall commence a claim in the appropriate court within Ontario, Canada. You and SGW agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario, Canada.

  5. All claims you bring against SGW must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, SGW shall be entitled to recover attorneys' fees and costs.


18. Severability

You and SGW agree that if any portion of these Terms or Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability, without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms, which shall continue to be in full force and effect.


19. Miscellaneous

SGW's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. No waiver by SGW of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not affect the interpretation of this Agreement. SGW shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of SGW, including without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.


20. Jurisdictional Issues

  1. Accessing the Service from territories where the Service is illegal is prohibited. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You shall not use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals.

  2. Certain specific terms that apply only for users residing in the European Union, are as follows: Section 2.1 is replaced by: SGW's right to impose penalties on your CFX Account for good cause remains unaffected. In particular, if you are in violation of these Terms, Privacy Policy, or infringe any third-party rights, SGW will make a reasonable determination based on the facts available to SGW as to whether such acts, omissions, or circumstances can be cured by you within a reasonable amount of time without harm or liability to SGW or third parties. If SGW determines in good faith that 1) such cure is not possible; or 2) such cure is not possible within a reasonable period; or 3) there is a refusal to cure; or 4) your behavior is grossly unacceptable; or 5) immediate penalty measures are necessary to prevent any harm or liability to SGW or third parties, SGW may immediately impose penalties on your CFX Account and inform you thereof. Otherwise, for minor violations of these Terms, SGW will provide you with a reasonable opportunity to cure. You are entitled to terminate these Terms pursuant to Section 10. Unless otherwise set forth herein, SGW will provide no refund or compensation for any imposition of CFX Account penalties or termination of these Terms.


21. Notice

You may give notice to SGW by electronic mail to info@smilegatewest.com or by first class mail, postage prepaid, or overnight courier to Smilegate West, Inc., Attn: TOU Administrator, PO Box 10061, Toronto, Ontario, CANADA M2N 0B6. SGW may give notice to you by means of a general notice through the Service, electronic mail to your e-mail address on record in SGW's account information (if you are a registered member), or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record in SGW's account information (if you are a registered member).