EULA
End User License Agreement of Anchor4PL Inc.
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– Version: 1st January 2023 –
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This agreement governs your access and use of products, content and services offered by Anchor4PL Inc. and its subsidiaries ("Anchor"), such as game software and related updates and features, and all online and mobile services, platforms, websites and live events hosted by Anchor (collectively "Anchor Services"). This Agreement is between you and the Anchor4PL Inc.
We reserve the right to change EULA at any time and without stating the grounds for such change. You will be notified of any amended provisions within four weeks prior to such amendment coming into effect in the relevant software and/or on the Anchor website. Your use of the relevant software implies your acceptance of the amended General Terms and Conditions.
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IF YOU DON'T AGREE, PLEASE DON'T INSTALL OR USE OUR GAMES OR SERVICES.
BY USING ANCHOR SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE ANCHOR SERVICES.
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1. License
The Anchor Services are licensed to you, not sold. Anchor grants you a personal, limited, non-transferable (i.e., not for sharing), revocable and non-exclusive license to use the Anchor Services to which you have access for your non-commercial use, subject to your compliance with this Agreement. You may not access, copy, modify or distribute any Anchor Service, Content or Entitlements (as those terms are defined below), unless expressly authorized by Anchor or permitted by law. You may not reverse engineer or attempt to extract or otherwise use source code or other data from Anchor Services, unless expressly authorized by Anchor or permitted by law. Anchor or its licensors own and reserve all other rights, including all right, title and interest in the Anchor Services and associated intellectual property rights.
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2. Content and Entitlements
The Anchor Services include Content and Entitlements. Content is the software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or coming from Anchor Services, as well as the design and appearance of our websites. All Content is either owned by Anchor or its licensors, or is licensed to Anchor.
Entitlements are rights that Anchor licenses to you to access or use the online or off-line elements of Anchor Services. Examples of Entitlements include access to digital or unlockable Content; additional or enhanced functionality (including multiplayer services); subscriptions; virtual assets; unlock keys or codes, serial codes or online authentication; in-game accomplishments; and virtual points, coins, or currencies.
We refer to these virtual points, coins or currencies as "Anchor Virtual Currency". When you obtain Anchor Virtual Currency from us or our authorized partners, you receive a personal, limited, non-assignable, non-exclusive, revocable license to access and select the Entitlements that Anchor expressly makes available to you.
Anchor Virtual Currency has no monetary value and has no value outside of our products and services. Anchor Virtual Currency cannot be sold, traded, transferred, or exchanged for cash; it only may be redeemed for Entitlements available for the Anchor Service. Anchor Virtual Currency is non-refundable, and you are not entitled to a refund for any unused Anchor Virtual Currency. Once you redeem Anchor Virtual Currency for an Entitlement, that Entitlement is not returnable, exchangeable, or refundable. If you live in Japan, you agree to use any Anchor Virtual Currency within 180 days from the date of purchase.
You will provide at your own expense the equipment, Internet connection and charges required to access and use Anchor Services.
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3. Rules of Conduct
When you access or use an Anchor Service, you agree that you will not:
· Violate any law, rule or regulation.
· Interfere with or disrupt any Anchor Service or any server or network used to support or provide an Anchor Service, including any hacking or cracking into an Anchor Service.
· Use any software or program that damages, interferes with or disrupts an Anchor Service or another's computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files and time bombs.
· Interfere with or disrupt another player's use of an Anchor Service. This includes disrupting the normal flow of game play, chat or dialogue within an Anchor Service by, for example, using vulgar or harassing language, being abusive, excessive shouting (all caps), spamming, flooding or hitting the return key repeatedly.
· Harass, threaten, bully, embarrass, spam or do anything else to another player or any Anchor employee or representative that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. Hate speech is not tolerated. We won't tolerate any unwanted conduct against any Anchor employee and representative because of their affiliation with Anchor in Anchor Services or anywhere else.
· Publish, post, upload or distribute any content, such as a topic, name, screen name, avatar, persona, or other material or information, that Anchor (acting reasonably and objectively) determines is inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent or unlawful.
· Post a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities.
· Impersonate another person or falsely imply that you are an Anchor employee or representative.
· Improperly use in-game support or complaint buttons or make false reports to Anchor staff.
· Attempt to obtain, or phish for, a password, account information, or other private information from anyone else on Anchor Services.
· Make use of any payment methods or refund systems to access, purchase or refund Anchor Services for fraudulent purposes, or without permission of the authorized owner, or otherwise concerning a criminal offence or other unlawful activity.
· Use any robot, spider or other automated device or process to access Anchor Services for any purpose such as scraping data, abuse Anchor Services, account creation, or copying material.
· Modify any file or any other part of the Anchor Service that Anchor does not specifically authorize you to modify.
· Use or distribute unauthorized software programs or tools (such as "auto", "macro", hack or cheat software), or use exploits, bugs or problems in an Anchor Service to gain unfair advantage.
· Engage or assist in cheating or other anticompetitive behavior (such as boosting, collusion, and match or matchmaking manipulation).
· Use or distribute counterfeit software or Anchor Content, including Anchor Virtual Currency.
· Attempt to use an Anchor Service on or through any service that is not controlled or authorized by Anchor, or otherwise intentionally obfuscate your network connection or location or other metadata to gain access to an Anchor Service, make purchases, or otherwise access an Anchor Service.
· Sell, buy, share, trade or otherwise transfer or offer to transfer your Anchor Account, any personal access to Anchor Services, or any Anchor Content associated with your Anchor Account, including Anchor Virtual Currency and other Entitlements, either within an Anchor Service or on a third-party website, or in connection with any out-of-game transaction, unless expressly authorized by Anchor.
· Use an Anchor Service in a country in which EA is prohibited from offering such services under applicable export control laws.
· If an Anchor Service requires you to create a "username" or a "persona" to represent yourself in-game and online, you should not use your real name and may not use a username or persona that is used by someone else or that Anchor determines is vulgar or offensive or violates someone else's rights.
· Engage in any other activity that significantly disturbs the peaceful, fair and respectful gaming environment of an Anchor Service.
· Use information about users publicly available in any Anchor Service (e.g. on a leaderboard) for any purpose unrelated to the Service, including to attempt to identify such users in the real world.
· Promote, encourage or take part in any prohibited activity described above.
If you or someone using your Anchor Account violates these rules and fails to remedy this violation after a warning, Anchor may take action against you, including revoking access to certain or all Anchor Services, Content or Entitlements, or terminating your Anchor Account as described in Section 8. In case of severe violations, Anchor may take these actions without issuing a prior warning. Some examples of severe violations include, but are not limited to: promoting, encouraging or engaging in hacking, selling Anchor accounts or entitlements (including virtual currencies and items) without Anchor's permission, extreme harassment, or threatening illegal activities. When practical, Anchor will notify you of the action it will take in response to violations of these rules or breach of this Agreement.
Your use of Anchor Services is subject to Anchor's Privacy and Cookie Policy at www.anchor4pl.com/privacy which is incorporated by reference into this Agreement.
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4. Anchor APPs
To use Anchor Mobile APPs, Anchor may require you to install and use the Anchor app or game client application or successor application.
The Anchor APP may download and install updates, upgrades and additional features. You agree that Anchor has no obligation to support previous version(s) of the Anchor app upon the availability of an update, upgrade and/or implementation of additional features. Anchor may provide you with the option to download, install and use an alpha or beta version of the Anchor app under these same terms. You may uninstall Anchor APPs and Games at any time using the Anchor app interface and deleting any remaining locally saved files.
5. Termination and Other Sanctions
This Agreement is effective until terminated by you or Anchor. Anchor may terminate your access and use of any Anchor Services or your Anchor Account if Anchor determines that you have violated this Agreement or that there has been otherwise unlawful, improper or fraudulent use of Anchor Services on your Anchor Account. When practical, Anchor will notify you of the termination. You may lose your username and persona as a result of an Anchor Account termination. If you have more than one Anchor Account, depending on the type of violation or misuse, Anchor may terminate all of your Anchor Accounts and all related Entitlements. If your Anchor Account is terminated, you will not have access to your Anchor Account or Entitlements and may be barred from accessing or using any Anchor Service again. Upon termination, your license under this Agreement also shall terminate.
Instead of termination and prior to any termination, Anchor may issue you a warning, suspend or alter your access to a particular Anchor Service or your Anchor Account, remove or revoke Entitlements at an Anchor Account or device level, remove or delete any Content which is in violation with this Agreement, or ban your device or machine from accessing specific AnchorServices. If Anchor takes any action described in this Section, you will not be entitled to a refund (subject to any statutory refund rights) and no Entitlements will be credited to you or converted to cash or other forms of reimbursement.
Anchor may terminate any Anchor Service at any time by giving at least thirty days' notice either via email (if available), or within the affected Anchor Service. After online service termination, no software updates will be applied to our games and we can't guarantee our games will continue to function on newer or updated operating systems or be available for download via application distribution services such as the iOS App Store and the Google Play Store. Any games available via such application distribution services after online service termination may be removed without further notice to you.
If you believe that any action has been taken against your Account or device in error, please contact Anchor.
If you terminate this agreement, you agree to cease all use of Anchor Services.
Sections 5, 6, 11-15 of this Agreement survive termination of this Agreement
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6. Warranties; Limitation of Liability
IF YOU LIVE IN THE EUROPEAN ECONOMIC AREA (EEA), UNITED KINGDOM OR SWITZERLAND, THE ANCHOR SERVICES WILL BE PROVIDED WITH REASONABLE CARE AND SKILL AND NO OTHER PROMISES OR WARRANTIES ABOUT THE ANCHOR SERVICES ARE MADE. IF YOU LIVE OUTSIDE THE EEA, UNITED KINGDOM AND SWITZERLAND, ANCHOR SERVICES ARE LICENSED AND PROVIDED "AS IS." YOU USE THEM AT YOUR OWN RISK. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, ANCHOR GIVES NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR PRACTICE. ANCHOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCT OR ANCHOR SERVICE; THAT THE ANCHOR SERVICE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE ANCHOR SERVICE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING OR VIRUSES, OR THAT ANCHOR SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE.
IF YOU LIVE IN THE EEA, UNITED KINGDOM OR SWITZERLAND, ANCHOR AND ITS EMPLOYEES, LICENSORS AND BUSINESS PARTNERS WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES ARISING FROM YOUR ACTIONS OR BREACH OF THIS AGREEMENT, OR WHICH ARISE AS A RESULT OF A THIRD PARTY'S (OR ANY OTHER) ACTS OR OMISSIONS BEYOND OUR CONTROL. IF YOU LIVE OUTSIDE THE EEA, UNITED KINGDOM AND SWITZERLAND, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, ANCHOR AND ITS EMPLOYEES, LICENSORS AND BUSINESS PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES THAT WERE NOT CAUSED BY ANCHOR'S BREACH OF THIS AGREEMENT, OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES. THE TYPES OF EXCLUDED DAMAGES INCLUDE, FOR EXAMPLE, FINANCIAL LOSS (SUCH AS LOSS INCOME OR PROFITS), COST OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION OR STOPPAGE, LOSS OF DATA, LOSS OF GOODWILL, AND COMPUTER FAILURE OR MALFUNCTION. THIS LIMITATION APPLIES TO ANY CLAIM ARISING OUT OF OR RELATED TO THIS LICENSE OR EA SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTE, STRICT LIABILITY OR OTHERWISE. IT ALSO APPLIES EVEN IF ANCHOR KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGE. YOU MAY RECOVER ONLY DIRECT DAMAGES IN ANY AMOUNT NO GREATER THAN WHAT YOU ACTUALLY PAID FOR THE APPLICABLE ANCHOR SERVICE. ANCHOR DOES NOT LIMIT ITS LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILFUL MISCONDUCT, OR FOR DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE ABOVE EXCLUSIONS AND LIMITATIONS, SO SOME OR ALL OF THEM MAY NOT APPLY TO YOU.
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7. Place of fulfilment, applicable law and jurisdiction
Fulfilment: the place of fulfilment for any transactions with contractors shall be the registered offices of Anchor. The relevant legislation regarding the place of fulfilment shall apply to contracts with consumers.
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Applicable law: if the customer is a consumer, any disputes arising from this contract shall be subject to the laws of Canada, unless any specific consumer protection regulations in home country of the customer are more favourable. If the customer is a contractor, any disputes arising from this contract shall be subject to the laws of Canada.
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Jurisdiction: Should the customer who has signed the contract as a consumer have no general place of jurisdiction in Canada, the exclusive jurisdiction for all disputes arising from this contract shall be the registered offices of Anchor. If the customer is a trader, a legal entity under public law or a special fund under public law, jurisdiction shall be the competent court of the registered offices of Anchor. Anchor is also entitled to bring an action against the customer in its general place of jurisdiction. Moreover, any other general and specific jurisdictions are excluded.