Terms of Use Agreement

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR DOWNLOADING WARFRAME, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE OR THE GAME.

Thank you for visiting the Warframe website. This is Digital Extremes Ltd.'s ("Digital Extremes," “DE") Terms of Use ("Terms of Use," "Agreement," "Document") that governs your access to, and use of, the Warframe® Website located at www.warframe.com (or any subsequent URL which may replace it) and all officially associated websites and micro-sites (collectively, the "Website"), any game operated by Digital Extremes through this Website (the "Game"), and all features, functions software and services offered through this Website. The Website, the Game and the features, functions, software and services offered through this Website collectively constitute the "Use" or "Service." This Document applies to all customers, visitors, users of the Website and Game and its respective and related pages ("you," "your," "user," "users").

Our content is in compliance with the Children's Online Privacy Protection Act (COPPA) and will never be directed at children under 13 years of age. If you are under 13 years of age, the Website and game are not intended for you and therefore you are not permitted to access the Website or Game unless your parent or guardian has provided express consent and accepts this Agreement along with all applicable end-user or similar license agreements on your behalf prior to your use of the Website or Game.

1. LEGAL AGREEMENT

These Terms of Use constitute a legal agreement between you and Digital Extremes. Your use of the Website acknowledges that you have read, understand and agree to the terms and conditions of this Document, and your agreement to comply with the Privacy Policy and any Rules of Conduct posted on the Website or otherwise provided to you by DE and the End User License Agreement (“EULA”) applicable to the Game or other software DE may provide in connection with the Use/Service. You hereby represent that you have the legal capacity to enter into this Agreement and you are not barred from receiving services offered by the Website under the laws of Canada, the United States or other applicable jurisdiction. You understand that the services being offered may include certain communications from Digital Extremes, such as service announcements, administrative messages or other information, and that these communications constitute part of the Use/Service being offered by the Website and you may not have the right to opt out of receiving them. If you do not agree with all the terms of this Agreement, you do not have permission to access the Website and its related parts, create a user account, download the Game, or play the Game. If you violate any of these terms, we will respond as we see fit, including banning your account and/or legal action.

Please keep in mind our policies are not applicable to any third-party site DE may link to from the Website or Game; you must separately accept and conform to their individual policies. Any information we gather from you, whether personally identifiable or anonymous data is governed by our Privacy Policy.

Digital Extremes may amend these Terms of Use, Privacy Policy, the Rules of Conduct, and the EULA at any time in its sole discretion. Amendments and modifications will be effective immediately after publishing them on the Website or otherwise providing you a copy thereof, and you waive any right you may have to receive specific notice of such changes or modifications. You agree to and are responsible for checking this Agreement, Privacy Policy, the Rules of Conduct and any EULA periodically so you will be familiar with their contents as they may be amended or modified from time to time. By continuing to use any portion of the Use/Service, you are signifying your acceptance of any revised or updated terms. If you do not agree to the amended terms, you must stop using the Service.

2. DESCRIPTION OF USE/SERVICE

Digital Extremes provides a free-to-play, multi-player online Game to registered users and related features, functions and services available through the Website, such as community forums and other interactive areas. To access the Game, you may be required to download and install certain client software, and such access entails the use of hardware, software and Internet access (which you acknowledge play a crucial role in your user experience). You agree that Digital Extremes is not responsible for any hardware, software or Internet access, quality, suitability or unavailability issues. Digital Extremes does not provide Internet access, and you are responsible for all fees relating to telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the servers.

3. ACCOUNT

You will be required to create an account (an "Account") to access the Game and certain features and functions of our Service. You must be 13 years of age or older to create an Account. If you are 13 or over, but are under the age of 18, you are required to review this agreement with your parent(s) or guardian to ensure they read and agree to them.

By creating an Account or otherwise using the Service, you represent that you are at least age 18 and agree to these Terms of Use, or that you are over 13 years of age and your parent(s) or legal guardian has read and agreed to these Terms of Use, and you understand and agree that we are relying upon that representation in allowing you to use the Service. Only one person may use an Account.

By using the Website and creating an Account, you acknowledge, understand and agree that Digital Extremes collects anonymous data through Google Analytics™ and records IP addresses, domain names, geographical information, Gameplay statistics and scores, user ranks, and computer-related technical information for use in anonymous statistical analysis. Please see the Privacy Policy for more detail on the use and distribution of personal information collected throughout the Website, found here.

When creating an Account which involves forming a unique user identity ("User ID") and password, you agree to (i) provide true, accurate, current and complete information as requested in the required fields (the "Account Information") and (ii) promptly maintain and update such User ID and your Account Information to keep it true, accurate, current and complete.

You, as creator of your Account and User ID, are solely responsible for your User ID. Digital Extremes will not tolerate offensive or obscene User IDs. If a User ID violates any part of these terms, DE may immediately, temporarily, or permanently ban such a User ID, with or without notice. The creation of alternate accounts will be handled on a case by case basis, and we reserve the right to remove accounts used to circumvent any form of restrictions to the game or the Service including the official Warframe forums.

Digital Extremes is not responsible for any misuse of your Account or your User ID, you agree to accept all risks of unauthorized access to your Account and to hold Digital Extremes harmless from and against any improper use of your Account or your User ID, including, but not limited to, improper use by someone to whom you revealed your password.

Please note that, you are responsible for maintaining the confidentiality and security of your User ID and password, and you agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are solely responsible for all activities and transactions that occur under your Account (including purchases and charges, as applicable), and Digital Extremes is not responsible for any unauthorized use of your account, including without limitation in the event that your password is stolen or revealed to a third party. You agree to immediately notify Digital Extremes of any unauthorized use of your Account or any other breach of security in relation to the Website, the Use/Service or the Game known to you by submitting a ticket to Support. Digital Extremes provides you with the choice to change your password in order to safeguard your Account.

The Account you create is personal to you and Digital Extremes does not allow the transfer of user Accounts. You shall not purchase, sell, gift or trade any Account, or make any such offer, and any attempt shall be null and void. Any distribution by you of your Account and/or your Login Credentials (except as expressly provided herein or otherwise explicitly approved of by Digital Extremes) may result in suspension or termination of your Account.

Your Account may be deactivated if you do not use your Account within twelve months after the date that it was created or for any continuous period of twelve months after creation. If you do not use your Account for twelve or more months, it may be removed and deleted by the Website administrator at their sole discretion. We will endeavor to use reasonable efforts to notify you by e-mail before we delete your Account, unless we are deleting your User ID for a violation of these terms or discontinuation of the Service. However, we will not be liable in any manner for any failure to give notice. If you advise us within five days of the notice that you want to keep your Account active, we will not delete it. If you do not so notify us, your Account may be permanently deleted, along with your User ID, records, ranks and service information. Please note that regardless of any notice, Digital Extremes reserves the right to discontinue the Use/Service or to terminate or suspend your account at any time in its sole discretion for any reason, or for no reason.

You may terminate your Account at any time, for any reason or no reason, by submitting a ticket to Digital Extremes Support.

4.LIMITED USE LICENSE

Digital Extremes grants all those who successfully create an account for Warframe and are enabled to access our software, a non-exclusive revocable use license to the Game's software for personal use only. Under this Limited Use License, you are not permitted to transfer, sell, exchange, copy, publish, distribute, or assign anything derived from the software, Game, and Website ("Properties"). The Properties are strictly for your individual use and entertainment purposes, all of which are non-commercial. You must obey by this policy unless otherwise permitted by Digital Extremes. Failure to do so will result in consequences ranging from account deletion to legal action. By accessing the Properties, it is automatically assumed you have read and accept these terms along with the End User License Agreement applicable to the Game and the Privacy Policy.

5.USER CONTENT

The Service may include discussion forums, chat rooms, user feedback, messaging features, comments and other interactive areas or services ("Interactive Areas") in which you or other users create, post, send or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on or through the Website (the "User Content"). User Content posted to the Website is publicly available and not confidential and will become the sole property of Digital Extremes. DE strongly recommends that you not publish any personal information about yourself or others on or through the Website. In consideration of your use of the Service, you hereby transfer and assign to Digital Extremes all right, title and interest in and to the User Content you create, post, store or transmit on or through the Website, including all intellectual property rights therein, and Digital Extremes shall be entitled to the unrestricted use, dissemination and other exploitation of such User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You are solely responsible for the User Content you post and for your use of such Interactive Areas.

You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:

1. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law,
3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content
4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
5. Unsolicited promotions, political campaigning, advertising or solicitations;
6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
7. Viruses, corrupted data or other harmful, disruptive or destructive files; and
8. User Content that violates the Rules of Conduct or that, in the sole judgment of DIGITAL EXTREMES, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Digital Extremes or its users to any harm or liability of any type.

Digital Extremes takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Digital Extremes liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Digital Extremes is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Digital Extremes has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Digital Extremes reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.

You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Use or the Code of Conduct and will not violate any rights of or cause injury to any person or entity. You shall be solely liable for all royalties, fees, damages and any other monies resulting from any infringement of such right or any other harm resulting from any User Content you provide.

6. MONITORING

You understand and agree that when you communicate with other players within the Game or utilize any interactive features available on the Website, such as instant messaging, forums or chat rooms, such communications and postings are transmitted through Digital Extremes servers, and DE may, but is not obligated to, monitor all such communications and postings, including those that are designated as "private." You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring.

7. LINKS AND HYPERLINKS

The Website and/or the Service may contain links to websites operated by other parties. Digital Extremes provides these links to you as a convenience, or other users might be posting these links as user-provided Content. Use of these links and the external websites are at your own risk. The linked sites are not under the control of Digital Extremes, and DE is not responsible for the content available on the other sites. Such links do not imply endorsement by Digital Extremes of information or material on any other site, and Digital Extremes disclaims all liability with regard to your access to and use of such linked websites.

You are granted a limited, non-exclusive right to create a text hyperlink to the Website for non-commercial purposes, provided such link does not portray Digital Extremes or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Digital Extremes logo or other proprietary graphic of Digital Extremes to link to this Website without the express written permission of Digital Extremes. Further, you may not use, frame or utilize framing techniques to enclose any Digital Extremes trademark, logo or other proprietary information, including the images found at the Website, the content of any text or the layout/design of any page or form contained on a page on the Website without DE's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Digital Extremes or any third party.

8. UPDATES AND MODIFICATIONS

Digital Extremes reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this Agreement as the Properties evolve; provided, however, that material changes to this Agreement will not be applied retroactively. Such changes will be effective with or without prior notice to you. You can review the most current version of this Agreement by clicking on the “Terms of Service” link located at the bottom of the Website. You are responsible for checking this Agreement periodically for changes. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in agreement or compliance with this Agreement, you must terminate this Agreement and immediately stop using the Properties. Your continued use of any of the Properties following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Please note that Digital Extremes may also revise other policies, including the EULA and Privacy Policy, at any time, and the new versions will be available on the Website. If at any time you do not agree with any portion of the then-current version of a particular Digital Extremes policy, including but not limited to this Agreement, you must immediately stop using the Properties.

9. FEES

Digital Extremes may charge fees to access and acquire certain game items or participate in Game activities on the Website and may allow the purchase of in-game “currency” that may be applied to the purchase of in-game items or activities ("Platinum") ANY APPLICABLE PLATINUM, FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ANY UNUSED PLATINUM IS NON REFUNDABLE AND NONTRANSFERABLE, IN WHOLE OR IN PART, FOR ANY REASON. PLATINUM HAS NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES. You agree that you will provide accurate and complete payment information to the third-party payment provider used by Digital Extremes for purchasing Platinum or other fee-based activities on the Website or in the Game. You further agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Digital Extremes may revise the pricing for the Game or any item associated therewith at any time. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. Digital Extremes may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting in this Agreement or elsewhere on the Website or in the Game. If there is a dispute regarding payment of fees to Digital Extremes, your Account may be closed without warning or notice at the sole discretion of Digital Extremes.

10. INTERRUPTION OF USE/SERVICE

1. Digital Extremes reserves the right to interrupt the Use/Service from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that DE will not be liable for any interruption of the Use/Service, delay or failure to perform resulting from any causes whatsoever.
2. You acknowledge that the Use/Service may be interrupted for reasons beyond the control of Digital Extremes, and DE cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. Digital Extremes shall not be liable for any interruption of the Use/Service, delay or failure to perform resulting from any causes whatsoever.
3. Digital Extremes has the right at any time to change and/or eliminate any aspect(s) of the use of the Service as it sees fit in its sole discretion.
4. Digital Extremes is not be obligated to refund all or any portion of any Account fee (if any), by reason of any interruption of the Use/Service by reason of any of the circumstances described in paragraph (a) or (b).

11. ACCOUNT TERMINATION

DIGITAL EXTREMES MAY SUSPEND, TERMINATE, MODIFY, BLOCK ACCESS TO OR DELETE THE SERVICE OR ANY ACCOUNT AT ANY TIME WITH OR WITHOUT NOTICE.

Digital Extremes may at its option issue warnings and temporary suspensions and permanent terminations of Accounts for user violations. Digital Extremes retains the sole discretion as to when and how to impose warnings, penalties and/or disciplinary actions. DE considers the severity of the violation and the number of infractions in making the determination; however, any determination shall be under the absolute discretion of DE. Notwithstanding the foregoing, Digital Extremes always retains the right to terminate or suspend a User’s Account at any time for any reason, or for no reason, with or without any warnings and with or without notice.

For the avoidance of doubt, you herby acknowledge that Digital Extremes has sole discretion with respect to termination of your Account, even if there are credits remaining on your Account. If you feel you or your Account has been unfairly warned or disciplined please contact Digital Extremes with a full detailed explanation at support@warframe.com.

You have the right to terminate or cancel your Account at any time by delivering notice to Digital Extremes. You understand and agree that the cancellation of your User Id is your sole right and remedy with respect to any dispute, including, but not limited to, any related to, or arising out of: (i) any term of this Agreement or DE's enforcement or application of this Agreement; (ii) the User Contents; (iii) your ability to access and/or use the Service or the Website; or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

In the event your Account is terminated or canceled for any reason, no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account. Any Accounts with unresolved disputes must be settled before Digital Extremes may allow you to register again.

12. INDEMNIFICATION

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS DIGITAL EXTREMES FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS (INCLUDING ATTORNEYS’ FEES) THAT DIRECTLY OR INDIRECTLY ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE PROPERTIES, OR ANY VIOLATION BY YOU OF ANY OF THE PROVISIONS OF THIS AGREEMENT, THE EULA OR THE PRIVACY POLICY. Digital Extremes reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Digital Extremes in asserting any available defenses.

13. WARRANTY DISCLAIMER

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. THE USE/SERVICE, THE GAME, THE WEBSITE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED TO THE EXTENT PERMITTED BY LAW. OUR GOODS COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. AUSTRALIAN CUSTOMERS ARE ENTITLED TO A REPLACEMENT OR REFUND FOR A MAJOR FAILURE AND FOR COMPENSATION FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE. AUSTRALIAN CUSTOMERS ARE ALSO ENTITLED TO HAVE THE GOODS REPAIRED OR REPLACED IF THE GOODS FAIL TO BE OF ACCEPTABLE QUALITY AND THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE. DIGITAL EXTREMES AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE USE/SERVICE, THE GAME AND THE WEBSITE, INCLUDING ALL INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. DIGITAL EXTREMES DOES NOT REPRESENT OR WARRANT THAT THE USE/SERVICE, THE GAME, THE WEBSITE OR THE MATERIALS CONTAINED THEREIN ARE ACCURATE, COMPLETE, RELIABLE, AVAILABLE, CURRENT OR ERROR-FREE. DIGITAL EXTREMES ALSO DOES NOT REPRESENT OR WARRANT THAT THE GAME, THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
2. DIGITAL EXTREMES AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. WHILE DIGITAL EXTREMES ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE SAFE, DIGITAL EXTREMES CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEBSITE OR THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
5. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY DIGITAL EXTREMES.

14. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL DIGITAL EXTREMES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL, OR LOST PROFITS), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE PROPERTIES, EVEN IF DIGITAL EXTREMES KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DIGITAL EXTREMES BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO DIGITAL EXTREMES FOR GAME-RELATED TRANSACTIONS, IF ANY, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Digital Extremes shall be limited to the fullest extent permitted by applicable law.

15. CLOSING

This Agreement represents the complete agreement between you and Digital Extremes concerning the Website, the Game, and the subject matter of the Agreement, and supersedes any prior or contemporaneous agreements between you and Digital Extremes; provided however that this Agreement shall coexist with, and shall not supersede, the EULA or the Privacy Policy.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT YOUR USE OF ANY OF THE PROPERTIES IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.