I. Rules of Conduct
We have always prioritized the user experience when using our game and services. Therefore, we have established specific rules to maintain order within the gaming community. As a member of the gaming community, you are explicitly aware of and agree that while participating in the Game, you agree to comply with following rules that govern your use of the Game (“Rules of Conduct”):
a.Harass, threaten, embarrass, or do anything else to another user 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.
b.Disrupt the flow of chat in chat rooms ,forum and other communication interface with 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 [all caps] in an attempt to disturb other users, “spamming” or flooding .
c.Impersonate another person (including celebrities), indicate falsely that you are a ULTRAPLAYERS GAMES employee or a representative of ULTRAPLAYERS GAMES, or attempt to mislead users by indicating that you represent ULTRAPLAYERS GAMES or any of ULTRAPLAYERS GAMES’ partners or affiliates.
d.Attempt to get a password, access information, or other private information from anyone else on ULTRAPLAYERS GAMES Services.
e.Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit versions of the Game and software.
f.Upload files that contain a virus or corrupted data.
g.Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
h.Improperly use web support or complaint buttons or make false reports to ULTRAPLAYERS GAMES staff.
i.Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software programs or applications.
j.Modify any part of the ULTRAPLAYERS GAMES Services that ULTRAPLAYERS GAMES does not specifically authorize you to modify.
k.Post or communicate any user’s real-world personal information using a ULTRAPLAYERS GAMES Service.
l.Attempt to interfere with, hack into or decipher any transmissions to or from the servers for a ULTRAPLAYERS GAMES Service.
m.Attempt to use ULTRAPLAYERS GAMES Software on or through any service that is not controlled or authorized by ULTRAPLAYERS GAMES.
n.Exploit the Game or any of its parts thereof or ULTRAPLAYERS GAMES Services, for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other location-based site; (b) for gathering in-game virtual, items or resources for sale outside the Game; or (c)performing in-game services in exchange for payment outside the Game, e.g., power-leveling.
o.Interfere with the ability of others to enjoy playing a ULTRAPLAYERS GAMES Service or take actions that interfere with or materially increase the cost to provide a ULTRAPLAYERS GAMES Service for the enjoyment of all its users.
p.Exploit errors in design, features which are not documented, and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage.
q.Reverse engineer, decompile or disassemble all or any portion of the Game.
r.Facilitate, create or maintain any unauthorized connection to the Game, including without limitation any connection using programs or tools not expressly approved by ULTRAPLAYERS GAMES;
s.Sell, exchange, trade, give, convert, redeem or otherwise transfer Virtual Goods outside the Game, or sell, exchange, trade, give, convert, redeem or otherwise transfer Virtual Goods inside the Game, except as expressly permitted by this AGREEMENT, the Game Terms or otherwise permitted in the gameplay.
t.You specifically promise not to cyberbully others in the course of the Game Services.
u.Use the Game Service for political purposes or disseminate related information to others in the process of using the Services.
v.use, export, re-export or otherwise act or omit in violation of any applicable laws or local regulations; and/or
w.use any content in the game and game community for the development of AI tools (such as model training) or use AI tools for any form of content creation (AIGC) without the written consent of the rights holder.
x.allow or assist any third party to do any of the above.
This above-referenced list of prohibitions only provides examples of unacceptable conduct and is not intended to be a complete or exclusive list of prohibited conduct. Your online conduct should be guided by common sense and respect for others who access and use the Game (whether or not such third parties are registered users of the Game) and for the employees and representatives of ULTRAPLAYERS GAMES. You must also obey the laws and regulations of your country or region of residence, regulations and rules that apply to your activities when you use the Game. ULTRAPLAYERS GAMES reserves the right to terminate this AGREEMENT and to prevent your use of any and all ULTRAPLAYERS GAMES Services if your Access is used to engage in illegal activity, violates these rules of conduct, or otherwise any Game Terms.
If you engage in any of the above prohibited activities, we are entitled to take certain corresponding measures concerning your violation and the negative impact caused to the game community, other users and/or our game operations, include but not limited to:
a.a warning; and/or
b.block from posting, content reset; and/or
c.reducing or limiting your game's virtual goods reward, including but not limited to the improvement of all the data related to the game's character growth and upgrade (such as experience value, honor value, reputation value, etc.) and the obtaining of game props, equipment, virtual currency and other virtual items; and/or
d.deleting or canceling your game account, Game Data or other game related information; and / or
e.forcing you to quit the entire game, or a single battle in the game, or other game behavior you are working on; and / or
f.restricting, suspending or terminating your use of Game and related services, or unilaterally notifying you of the termination of this Agreement; and / or
g.other measures that are announced through game rules (including but not limited to player regulations, game announcements, tips and notices).
II. Limited Use License
ULTRAPLAYERS GAMES hereby grants to you a limited, personal, nonexclusive, non-transferable, non-assignable and fully revocable license to use the Game and any Content therefrom for your individual, non-commercial, entertainment purposes only. The foregoing license is subject to the following: (1) you are current with your payment of all applicable fees for the use of the Game and ULTRAPLAYERS GAMES Services to which you have subscribed and (2) you comply with the Terms of Use (if any), this AGREEMENT and the Privacy Policy and you are not otherwise in breach of any Game Terms. The foregoing grant of license shall be automatically revoked as of the moment that any of the foregoing conditions are no longer met by you.
The Game may require or allow you to download software, software updates or patches, or other utilities and tools from ULTRAPLAYERS GAMES or its licensors (collectively, “ULTRAPLAYERS GAMES Software”). In such cases, ULTRAPLAYERS GAMES grants to you a non-exclusive, limited license to use ULTRAPLAYERS GAMES Software solely for the purpose stated by ULTRAPLAYERS GAMES at the time the ULTRAPLAYERS GAMES Software is made available to you. If any TERMS OF USE is provided with the ULTRAPLAYERS GAMES Software, your use of the ULTRAPLAYERS GAMES Software is subject to the terms of that license agreement in addition to these Game Terms. You may not sub-license, or charge others to use or access ULTRAPLAYERS GAMES Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from ULTRAPLAYERS GAMES Software. You may not modify ULTRAPLAYERS GAMES Software or use it in any way not expressly authorized in writing by ULTRAPLAYERS GAMES. You understand that ULTRAPLAYERS GAMES’ introduction of various technologies may not be consistent across all platforms and that the performance of ULTRAPLAYERS GAMES Software and related ULTRAPLAYERS GAMES Services may vary depending on your Device and other equipment.
From time to time, ULTRAPLAYERS GAMES may provide you with updates or modifications to the Game. You understand that certain updates and modifications may be required in order to continue the use of the Game. You agree that ULTRAPLAYERS GAMES may stop to support previous versions of the Game upon availability of an updated version.
III. Intellectual Property
ULTRAPLAYERS GAMES Services and all title, ownership rights and intellectual property rights in and to the Game (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Game, individually or in combination) are owned by ULTRAPLAYERS GAMES or ULTRAPLAYERS GAMES’ licensors and are protected by American, Canadian and other local International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from the Game or a ULTRAPLAYERS GAMES Service unless our terms expressly authorize you to do so. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Game. ULTRAPLAYERS GAMES reserves all rights in ULTRAPLAYERS GAMES owned and licensed Game and ULTRAPLAYERS GAMES Services that are not expressly granted to you in this AGREEMENT or Game Terms. You acknowledge that ULTRAPLAYERS GAMES and/or third-party content providers remain the owners of all materials posted in the Game, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
Making unauthorized copies of the Game may result in the termination of this AGREEMENT, prohibition on use of ULTRAPLAYERS GAMES Services, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property.
UGC（User-Generated Content） mean any form of content such as creation work, feedback, suggestions, comments, ideas, software, code and/or any other information that you provide, publish, or otherwise communicate directly or indirectly to us regarding the Game.
ULTRAPLAYERS GAMES has no obligation to monitor these UGC, but we may do so and reserve the right, in our sole discretion, to monitor, filter, moderate, edit, and/or remove any or all of UGC that are objectionable or inappropriate at any time without prior notice. ULTRAPLAYERS GAMES may also at any time terminate or suspend your access to any of the UGC for any reason and without prior notice.
Any of the UGC may not be illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing intellectual property rights, injurious to third parties, or otherwise inappropriate or objectionable, and may not consist of or contain viruses or other kinds of destructive script code, plug-in unit, programs or software. You acknowledge that you shall be fully and solely responsible for your own behavior when using the ULTRAPLAYERS GAMES Services, including but not limited to any UGC posted by you. You also acknowledge and confirm that under no circumstance, shall ULTRAPLAYERS GAMES be liable for any UGC posted by you. You further confirm that any of the UGC are neither endorsed nor controlled by ULTRAPLAYERS GAMES.
You acknowledge and agree that when you use the ULTRAPLAYERS GAMES Services, you have no expectation that your UGC will be private and ULTRAPLAYERS GAMES may disclose your UGC for any reason without prior notice.
By uploading or contributing the UGC, you (“licensors”) grant to ULTRAPLAYERS GAMES (“licensee”), an irrevocable, non-exclusive, perpetual, transferable, assignable, worldwide, sublicensable, royalty-free license to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display, or otherwise transmit and communicate the UGC, or any portion of it, in any manner or form and in any medium or forum, whether now known or later devised, without notice, extra fee or attribution of any kind to you or any third party.
You are expressly aware of and agree that, due to potential licensing and copyright restrictions associated with the use of AI tools for content creation, the ownership of User-Generated Content (UGC) created using AI tools (i.e., AIGC) may be subject to limitations imposed by the suppliers of the AI tools and the governing laws and conflict norms that determine ownership. With the authority to process data, we may, at our discretion or by notifying other third-party platforms, modify or delete the content you submit based on the aforementioned restrictions.
IV. BILLING, PAYMENT AND OTHERS
When you provide payment information to ULTRAPLAYERS GAMES, you represent to ULTRAPLAYERS GAMES that you are the authorized user of the card or account associated with that payment, and you authorize us to charge your credit card or to process your payment with the chosen third-party payment processor for any purchase or other fees incurred by you.
You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on game content, to order or purchase at pricing not applicable to your geography, or for any other purpose. If you do this, ULTRAPLAYERS GAMES may terminate your access to your Account.
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all orders or purchases made by you or anyone that uses your Account. If you cancel your Account, ULTRAPLAYERS GAMES reserves the right to collect fees, surcharges or costs incurred before cancellation. Any delinquent or unpaid Accounts must be settled before ULTRAPLAYERS GAMES will allow you to register again.
ULTRAPLAYERS GAMES may provide links to other third-party sites. Some of these sites may charge separate fees, which are not included in and are in addition to any Service or other fees that you may pay to ULTRAPLAYERS GAMES. ULTRAPLAYERS GAMES makes no representation or warranty that any service offered via third-party vendors will not change or be suspended or terminated.
EU/UK Right of Withdrawal and Refunds
European Union and UK customers have a right of withdrawal from certain transactions under the terms of their respective laws. ULTRAPLAYERS GAMES offers refunds.
European and UK law principally provides a right of withdrawal on software sales. However, it can be and typically is excluded for boxed software that has been opened and for digitally provided content once it is provided to the end user. YOU KNOW AND AGREE THAT, BEFORE READING THIS AGREEMENT AND USING THE SERVICES, YOU HAVE FULLY UNDERSTOOD THE REFUND POLICY AND AGREE TO WAIVE THE RIGHT TO REFUND.
YOU MAY FROM TIME TO TIME MAKE PAYMENTS TO US OR OTHER THIRD PARTIES IN RELATION TO THE LICENSED ITEMS. YOU AGREE THAT YOU WILL COMPLY WITH, ALL TERMS AND CONDITIONS OF THE RELEVANT PAYMENT SERVICE (WHETHER THAT PAYMENT SERVICE PROVIDER IS US OR A THIRD PARTY). YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL FEES ASSOCIATED WITH ANY LICENSED ITEMS.
THE SPECIFIC CHARGING ITEMS OR CHARGING RATES OF THE SERVICES ARE SUBJECT TO THE OFFICIAL INFORMATION RELEASED BY US. WE ARE ENTITLED TO CHANGE OR ADJUST THE CHARGING ITEMS OR CHARGING RATES AT OUR OWN DISCRETION FOR THE IMPROVEMENT OF OUR GAME ENVIRONMENT AND SERVICES.
YOU AGREE THAT WHEN YOU USE GAME SERVICE, ANY PURCHASE YOU MAKE IS A WELL-CONSIDERED AND RATIONAL PURCHASE, AND IF YOU ARE MINOR, YOU ARE SURE THAT YOU HAVE OBTAIN THE CONSENT AND CONFIRMATION FROM YOUR PARENTS OR LEGAL GUARDIAN BEFORE YOU MAKE YOUR PAYMENTS. ANY PAYMENTS YOU MAKE TO US IN EXCHANGE FOR YOUR USE OF ANY LICENSED ITEMS IS FINAL AND NON-REFUNDABLE, EXCEPT OTHERWISE AGREED BY YOU AND US OR REQUIRED BY APPLICABLE LAWS AND REGULATIONS.
V. Virtual Goods
The Game may, from time to time, feature virtual goods. Virtual goods include but are not limited to virtual items (characters, accessories, items such as “character customization”, power-ups), points, credits, tokens and currency (collectively, “Virtual Goods”) for use in the Game.
You may “earn” Virtual Goods within the Game in various ways, or we may allow you to “purchase” Virtual Goods with “real money” or virtual currencies. Certain Virtual Goods in the Game may be unavailable if not purchased.
Virtual Goods are licensed to you, not sold. You do not have any real-world property rights over the Virtual Goods, and you acknowledge and agree that all Virtual Goods represent a limited, personal, nonexclusive, non-transferable, non-assignable and fully revocable license to use the Virtual Goods, for your individual, non-commercial, entertainment purposes only. You have no right, title, interest, or ownership in or to any Virtual Goods. We may terminate your license at any time and at our sole discretion.
To improve your gaming experiences, provide updates and for any reason that ULTRAPLAYERS GAMES deemed necessary, ULTRAPLAYERS GAMES has the absolute right to regulate, discontinue, update, modify or eliminate any Virtual Goods at any time in its sole discretion and ULTRAPLAYERS GAMES shall have no liability to you or anyone else for these actions.
Virtual Goods have no monetary value in real world, and in no event may you sell, transfer, trade, exchange, give, convert or redeem Virtual Goods for “real” money or other goods or services, including other Virtual Goods, inside or outside the Game except as expressly permitted by this AGREEMENT, the Game Terms or otherwise permitted in the gameplay.
ULTRAPLAYERS GAMES reserves the right to modify the price for Virtual Goods and other conditions to obtain Virtual Goods, the conditions to obtain Virtual Goods in the game are not fixed.
Note that depending on the country in which you are located, the validity period of purchased Virtual Goods may be limited to a certain period under applicable laws of certain jurisdiction.
VI. Protection of Personal Data
All the information collected from you is subject to all applicable Laws and ULTRAPLAYERS GAMES shall try its best efforts to protect your provided information. Please pay attention that this AGREEMENT may be updated by us from time to time and your continued use of the ULTRAPLAYERS GAMES Services shall constitute your acceptance to the newly updated AGREEMENT. Subject to any applicable laws and regulations, the user has the right to request modification or deletion of your personal data after passing our review process in a required proper manner. Please see Privacy Policy for more information regarding the collection and use of your information.
VII. Termination
This AGREEMENT is effective from the earliest of the date you purchase, download or use the Game, until terminated according to its terms. Both you and ULTRAPLAYERS GAMES (or its licensors) may terminate this AGREEMENT at any time for any reason or for no reason. Termination by ULTRAPLAYERS GAMES will be effective upon notice to you, termination or deletion of your Account (if any), or ULTRAPLAYERS GAMES’ decision to permanently discontinue offering and/or supporting the Game, which it may do at any time in its sole discretion. You may terminate this AGREEMENT (and consequently, your Account (if any)) at any time by notifying ULTRAPLAYERS GAMES at hello@ultraplayers.com.au. Upon termination of this Agreement, your right to use the Game shall immediately cease and you must immediately uninstall the Game and destroy all copies of the Game in your possession.
You will not receive any compensation or reimbursement for any Virtual Goods upon termination of this AGREEMENT for any reason, whether such termination was voluntary or involuntary, except as required by law or as expressly provided in Game Terms or otherwise required by applicable laws.
ULTRAPLAYERS GAMES reserves the right to collect fees, surcharges or costs incurred before you terminate this AGREEMENT.
VIII. Software Testing
We may from time to time offer a Testing version of one of our Services(a “Testing”). Testings are not commercial launch versions, are not guaranteed to work properly, and may make other parts of your system not work properly as well. For you to have permission to use the Testing, you acknowledge and agree to the following terms in addition to the rest of this Term:
(1) Your right to use the Testing may be limited in time, and may be subject to additional Terms;
(2) We may automatically delete or modify the information stored on your device(s) related to the Testing for any reason at any time during the duration of the test;
(3) We may terminate the test at any time, which would then render your Testing unable to function properly;
(4) Use of a Testing is subject to confidential treatment of that Testing and all elements thereof. "Confidential Information" means any information disclosed by us to you, or accessed or provided by you, in relation to the Testing (including any feedback provided and the App itself). You agree that you will:
Not use any Confidential Information other than as necessary to use the Testing in accordance with this Term;
Maintain Confidential Information in strict confidence and use the same degree of care to protect it as you use to protect your own confidential information, but in no circumstances less than reasonable care;
Not disclose the Confidential Information to any person or entity other than as permitted by us in written; and
Not make any public announcements related to Testing or the Service, including publishing or disclosing any information such as videos relating to the Testing, without our prior written approval, which we may grant or withhold in our sole discretion.
The virtual props and virtual currency obtained from your recharge and consumption during the test are subject to the specific processing after the test stated in the test announcement.
IX. Disclaimers & Indemnification
This Section shall survive termination of this AGREEMENT.
A. Limitations on Warranty & Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME OR ANY OTHER ULTRAPLAYERS GAMES SERVICE, ULTRAPLAYERS GAMES SOFTWARE, CONTENT, AND THE INTERNET IS AT YOUR SOLE RISK. THE GAME, ULTRAPLAYERS GAMES SERVICES, ULTRAPLAYERS GAMES SOFTWARE, CONTENT, ULTRAPLAYERS GAMES’ PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW. ULTRAPLAYERS GAMES PROVIDES THE GAME AND ULTRAPLAYERS GAMES SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR USE ULTRAPLAYERS GAMES SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT ULTRAPLAYERS GAMES WILL HAVE ADEQUATE CAPACITY FOR ULTRAPLAYERS GAMES SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA OR THAT THE ULTRAPLAYERS GAMES SERVICES WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE ULTRAPLAYERS GAMES SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE WEBSITE, IS AT YOUR SOLE RISK TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ULTRAPLAYERS GAMES OR ITS LICENSORS IS TO STOP USING THE GAME AND ANY ULTRAPLAYERS GAMES SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ULTRAPLAYERS GAMES, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON ANY ULTRAPLAYERS GAMES SERVICES OR USE OF ULTRAPLAYERS GAMES SOFTWARE. IN NO CASE SHALL ULTRAPLAYERS GAMES OR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “ULTRAPLAYERS GAMES AFFILIATES“) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO ULTRAPLAYERS GAMES FOR ULTRAPLAYERS GAMES SERVICES. IN NO CASE SHALL ULTRAPLAYERS GAMES OR ULTRAPLAYERS GAMES AFFILIATES BE LIABLE FOR DIRECT, GENERAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF ULTRAPLAYERS GAMES SERVICES, ULTRAPLAYERS GAMES SOFTWARE, CONTENT, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF ULTRAPLAYERS GAMES SERVICES OR ACCOUNTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, ULTRAPLAYERS GAMES’ AND ULTRAPLAYERS GAMES AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
B. Indemnification
Upon ULTRAPLAYERS GAMES’ request, you agree to defend, indemnify and hold harmless ULTRAPLAYERS GAMES and its affiliates, licensors, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees that arise from a breach of this AGREEMENT, or any other Game Terms, for which you are responsible. Without limiting the generality of the foregoing, you agree to indemnify and hold ULTRAPLAYERS GAMES harmless for any improper or illegal use of the Game.
You are solely responsible for any damage caused to ULTRAPLAYERS GAMES, its licensors, providers and contractors, other users of the Game or any other individual or legal entity as a result of your violation of this AGREEMENT.
ULTRAPLAYERS GAMES reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to ULTRAPLAYERS GAMES in that matter.
C. Updates: Possible Setbacks and Loss of Data
IMPORTANT: ULTRAPLAYERS GAMES MAY FIND IT NECESSARY TO MAKE UPDATES, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF THE GAME AND ULTRAPLAYERS GAMES SERVICES. THESE UPDATES OR “RESETS” MAY CAUSE SETBACKS WITHIN THE GAME AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL, AND YOU MAY LOSE ACCESS TO ANY VIRTUAL GOODS YOU MAY HAVE “EARNED” OR “PURCHASED”. You expressly agree that your use of, or inability to use, the service is at your sole risk. some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
D. Third-Party Features
As applicable, certain parts of the Game may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms. As such, please review such additional terms and costs carefully.
X. Dispute Resolution
A. Equitable Remedies
You hereby acknowledge and agree that ULTRAPLAYERS GAMES would suffer irreparable harm if this AGREEMENT or any of the Game Terms were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that ULTRAPLAYERS GAMES shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this AGREEMENT or any other Game Terms.
B. Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy or claim related to this AGREEMENT or any other Game Terms (“Dispute”), you and ULTRAPLAYERS GAMES agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. ULTRAPLAYERS GAMES will send its notice to your billing address (if provided) and email you a copy to the email address you have provided to us. You agree to send your notice to hello@ultraplayers.com.au.
C. Formal Dispute Resolution
IF YOU AND ULTRAPLAYERS GAMES ARE UNABLE TO RESOLVE A DISPUTE THROUGH INFORMAL NEGOTIATIONS, EITHER YOU OR ULTRAPLAYERS GAMES MAY ELECT TO HAVE THE DISPUTE FINALLY AND EXCLUSIVELY RESOLVED BY THE AUSTRALIAN CENTRE FOR INTERNATIONAL COMMERCIAL ARBITRATION (ACICA), IN ACCORDANCE WITH ARBITRATION RULES OF THE AUSTRALIAN CENTRE FOR INTERNATIONAL COMMERCIAL ARBITRATION (ACICA) AND UNDER THE LAWS OF THE COMMONWEALTH OF AUSTRALIA.
XI. Miscellaneous
A. Remedies
You agree that this AGREEMENT is not intended to confer and do not confer any rights or remedies upon any person other than the parties to this AGREEMENT. You also understand and agree that the Terms of Use, the Privacy Policy, this AGREEMENT and any other Game Terms, including ULTRAPLAYERS GAMES‘ enforcement thereof, are not intended to confer, and do not confer, any rights or remedies upon any person.
B. Severability
If any part of this AGREEMENT or the Game Terms 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 ULTRAPLAYERS GAMES, and the remaining portions shall remain in full force and effect.
C. Assignment.
ULTRAPLAYERS GAMES may assign this AGREEMENT, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this AGREEMENT without ULTRAPLAYERS GAMES’ prior written consent, and any unauthorized assignment by you shall be null and void.
D. Waiver
The failure of ULTRAPLAYERS GAMES (or its licensors) to exercise or enforce any right or provision of this AGREEMENT or any Game Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by ULTRAPLAYERS GAMES (or its licensors) of any provision, condition or requirement of this AGREEMENT or any Game Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
E. Force Majeure.
ULTRAPLAYERS GAMES shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of ULTRAPLAYERS GAMES, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond ULTRAPLAYERS GAMES’ control such as 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.
F. Governing Law.
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
G. Entire Agreement.
This AGREEMENT, the Privacy Policy, and any other Game Terms, including any posted rules or instructions regarding a particular activity, poll, or contest constitute the entire agreement between you and ULTRAPLAYERS GAMES relating to your rights and obligations in the use of the Game and the ULTRAPLAYERS GAMES Services. If there is any conflict between this AGREEMENT, the Privacy Policy, and any other Game Terms, ULTRAPLAYERS GAMES shall resolve the conflict in its sole discretion.
For any questions concerning this AGREEMENT, you may contact us at hello@ultraplayers.com.au.
Date of Last Revision: 4/30/2024