Thank you for your interest in Sparc, an interactive online game available in virtual reality (“Sparc” or the “Game”). Sparc is offered by CCP Games UK Ltd, (“CCP”), United Kingdom, a company dedicated to the creation of next generation games.

You may play Sparc by downloading and using CCP’s proprietary software (the “Software”). Using the Software allows you to log into CCP’s client system (the “System”) and interact within the game environment created by CCP. To play Sparc, CCP also requires that you review and agree to this End User License Agreement (“EULA”), which also refers to CCP’s terms of service and privacy policy.

This EULA describes the terms and conditions under which you may (1) use the Software; (2) access and use Sparc; and (3) access and interact within the System. CCP may amend this EULA from time to time by posting an amended version that must be accepted before accessing the Game. Once you accept this EULA, the then-current version of the EULA shall apply each time you access the System or play Sparc.

By selecting “ACCEPT” (or if you bypass selecting “ACCEPT”, and still access or otherwise use the Software, the System, or the Game), you accept the terms and conditions in the EULA, including all Exhibits, if applicable. If you do not accept the terms and conditions in the EULA, you should select “DECLINE”, discontinue use of the Software, and not access the System or use Sparc.

You may play Sparc with the following platforms:

• the PlayStation®VR headset (the “PS VR,” a product of Sony Interactive Entertainment (“Sony”)); and/or
• the Oculus Rift virtual reality headset (the “Rift,” a product of Oculus VR, LLC (“Oculus”));
• the Vive VR headset (the “Vive,” a product of the HTC corporation (“HTC”)).

If you are using the Rift to play Sparc, by accepting this EULA, you furthermore acknowledge and accept that you have read and agree to the Oculus Terms of Service as provided for by Oculus VR, LLC, as presented on https://www.oculus.com/legal/terms-of-service/.

This EULA is strictly between you and CCP. CCP is solely responsible for Sparc, and not the above-mentioned parties. Those parties may however be considered third party beneficiaries of this EULA, to the extent applicable.

This Game is rated Everyone (“E”) by the Entertainment Software Rating Board (ESRB). Its content has been deemed generally suitable for ages 13 and up.

1. REQUIREMENTS TO PLAY

To play Sparc, you must: (i) purchase a copy of the Software; (ii) obtain and maintain your own Internet access which has sufficient bandwidth to play the Game (Internet access is generally required to play Sparc; CCP is not responsible for your access to the Internet); and (iii) comply with this EULA.

You can establish a valid account within the Game (an “Account”). This will provide you with additional access and features for the game.

2. YOUR ACCOUNT

Establishing a New Account

You are responsible and liable for all activities conducted through your Account, regardless of who conducts those activities. You may not share your Account with anyone, or allow anyone else to access or use your Account. Joint or shared ownership or use of an Account by more than one person is prohibited.

Accounts may not be used for business purposes. Access to the System and playing Sparc is intended for your personal entertainment, enjoyment, and recreation, and not for corporate, business, commercial, or income-seeking activities. Business entities and anyone who is acting for or on behalf of a business or for business purposes may not establish an Account, access the System, or play Sparc. Accessing the System or using the Game for commercial, business, or income-seeking purposes is strictly prohibited. Notwithstanding the above-mentioned, you may publicly share a live video stream of your gameplay on streaming video platforms and websites, as well as to publicly share videos of your own gameplay. If you are playing Sparc on PS VR, your account will be associated with your Sony Entertainment Network account. If you wish to remove the association between these two accounts, you may send an email to support@playSparc.com and request de-association of your accounts.

Passwords and Names

During the registration process, you will either be given a password automatically or asked to select one (“Password”). You may not disclose your Password to anyone or allow anyone to use your Password to access the System or play Sparc. You are responsible for maintaining the confidentiality of your Password and for any damage resulting from your disclosure of your Password, or from use by any person of your Password. You may not obtain, attempt to obtain, use, or attempt to use the Password of anyone else. You are responsible for remembering your Account information and Password.

WWhile playing Sparc, your in-game name will automatically be your platform ID/name (e.g., on PlayStation®4, your name will be your PlayStation™Network online ID). You may not allow anyone to use your name or platform ID to access the System or play Sparc. No player may use another player’s name, to impersonate or falsely represent his or her identity. You may not obtain, attempt to obtain, use, or attempt to use another player’s name.

Acceptance by the System does not mean that your chosen name does not violate anyone’s rights. You are responsible for any liability incurred by you, CCP, or anyone else due to your name. CCP retains the right to reject any name it determines, in its sole discretion, is unlawful, infringing, indecent, obscene, discriminatory, or otherwise violates standards of good taste.

Inappropriate conduct / communication

CCP may establish rules of conduct (discussed below) for users accessing the System and may, but is not obligated to, monitor and take action regarding inappropriate conduct. Nonetheless, it is possible that at any time there may be language or other material accessible on or through the System that you may consider inappropriate or offensive. You acknowledge that other users may transmit communications or content, or access to content, that you may consider inappropriate or objectionable. CCP does not, as a matter of policy, pre-screen the communications or content transmitted by each user, and is in no way responsible for the communications and content transmitted by users of the Game.

3. ACCOUNT TRANSFER / PLAYER TRANSFER

You are not permitted to transfer your Account nor your player to another person. Any attempted transfers are prohibited and void, and shall not be binding on CCP. A transfer or attempted transfer is entirely at the risk of the parties to such transaction. CCP is not liable to any person (whether transferor, transferee, or otherwise) for any acts, omissions, statements, representations, defaults, or liabilities of the parties in connection with such a transaction.

4. TERMINATION; SUSPENSION OF ACCOUNT

By CCP for Termination of the Game

CCP does not guarantee that it will continue to offer access to the System or support the Game. CCP may, in its sole discretion and at any time, cease to provide any or all of the items or services offered in connection with Sparc (including access to the System and any or all features or components of the Game), terminate the EULA, close all Accounts, and cancel all of the rights granted to you under the EULA. CCP may communicate such termination to you in any of the following manners: (i) when you log into your Account; (ii) in a notice on CCP’s website; (iii) via electronic mail; or (iv) in another manner that CCP deems suitable to inform you of the termination. If CCP terminates the EULA pursuant to this section, you will not be entitled to receive any refund.

By CCP for Breach or Misconduct

Suspension of Account

Without limiting CCP’s rights or remedies, CCP may immediately and without notice discontinue or suspend access to the System through your Account, and any and all other Accounts that share the name, phone number, e-mail address, Internet protocol address, or MAC address with the discontinued or suspended Account, in the event of (i) a breach of the EULA (including the rules of conduct) by you or any user under your Account; or (ii) unauthorized access to the System or use of the Game by you or any user under your Account.

Termination of EULA

CCP, in its sole discretion, may immediately and without notice terminate the EULA, close all your Accounts, and cancel all rights granted to you under the EULA if: (i) CCP is unable to verify or authenticate any information you provide; (ii) you or anyone using any of your Accounts materially breaches the EULA, makes any unauthorized use of the System or Software, or infringes the rights of CCP or any third party; or (iii) CCP becomes aware of gameplay, chat, or user activity under your Account that is, in CCP’s discretion, inappropriate, offensive, or in violation of the rules of conduct. CCP may, but is not obligated to, provide notice of termination via electronic mail, or any other means reasonably calculated to reach you.

CCP reserves the right to terminate any and all other Accounts in any other game produced by CCP, or a CCP affiliate, that shares the name, phone number, e-mail address, or Internet protocol address with a closed Account. Termination by CCP under this section shall be without prejudice to or waiver of any and all of CCP’s other rights or remedies, all of which are expressly reserved, survive termination, and are cumulative. You will not be entitled to receive any refund for a termination pursuant to this section.

By You

Termination of EULA

You may terminate the EULA with regard to any or all of your Accounts at any time, upon notice to CCP via electronic mail. Upon termination of the EULA, CCP will close your Account and discontinue or suspend access to the System through your Account; you will not be entitled to receive any refund in the event of such termination.

Change in the EULA

If an amendment alters a term of the EULA that is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and close your Accounts. You may terminate the EULA by: (a) clicking the “DECLINE” button when you are prompted to review and agree to the amended EULA; or (b) notifying CCP via electronic mail to CCP at support@playSparc.com within thirty (30) days after the amended EULA was communicated to you, provided that you have not clicked the “ACCEPT” button, accessed the System, or played the Game during that period. Your notice must state: (i) that you do not agree to the amended EULA, specifically describing the amendment(s) with which you disagree, and that you wish to terminate the EULA; and (ii) your login name. You will not be entitled to receive any refund in the event of such termination. If you click “ACCEPT” or otherwise continue to access the System or play the Game, you shall be deemed to have accepted the amended EULA and waive your rights to terminate under this section.

Closed Accounts

If for any reason the EULA is terminated with regard to your Account, the Account will be closed, and all rights granted to you under the EULA will terminate with regard to the closed Account. You must discontinue your use of the Software, you may not access the System or play the Game under any closed Account, and all the attributes of the Account will be lost. If for any reason the EULA is terminated, you will not be entitled to compensation for the past time you spent playing Sparc, for the real or projected value of your Account, or for any other compensation.

Users whose Accounts have been closed may not access the System or play Sparc in any manner or for any reason, including through any other Account, without the express written permission of CCP. Users of active Accounts may not knowingly allow former users whose Accounts have been closed to use the active user’s Accounts.

5. CONDUCT

Specifically Restricted Conduct

Your continued access to the System and license to play the Game is subject to proper conduct. Without limiting CCP’s rights to control the Game environment, and the conduct of the users within that environment, CCP prohibits the following practices: - You may not take any action that imposes an unreasonable or disproportionately large load on the System. - You may not use your own or third-party software to modify any content appearing within the Game environment or change how the Game is played. - You may not use your own or any third-party software, macros or other stored rapid keystrokes, or other patterns of play that facilitate acquisition of attributes or skills at an accelerated rate when compared with ordinary Game play. You may not rewrite or modify the user interface or otherwise manipulate data in any way to acquire attributes, skills or beneficial actions not actually acquired or achieved in the Game. - You may not use the Software, or any information accessible through the System, to bypass the System login architecture or create or provide any other means through which the System may be accessed and/or the Game may be played by others. - You may not submit any content via voice chat within the Game or other public forum that is harassing, abusive, threatening, harmful, obscene, libelous, or defamatory, encourages conduct that could constitute a criminal offense or give rise to civil liabilities, or is unlawful in any other way, including without limitation the submission of content that infringes on a third-party’s intellectual property rights.

Compliance with Rules of Conduct

You agree to observe and abide by these rules of conduct, as amended by CCP from time to time, as well as any additional rules of conduct or terms of use published by CCP for Sparc.

6. PRIVACY AND USE OF PERSONAL INFORMATION

Please note that the terms of CCP’s privacy and cookies policy will apply in addition to the terms of this Section 7. The privacy and cookies policy is available at http://www.ccpgames.com/privacy-policy.

Communications

Except for certain information in your Account (discussed below), all transmissions by you to the System are not private. You acknowledge and agree that you have no expectation of privacy regarding communications you make in the Game, or on the Game website. CCP and/or its designated affiliates and representatives may monitor communications made by or received from you. You should not provide private information to any other user in the Game. CCP shall not be responsible for the consequences of any such disclosure by you.

You may encounter and converse with people who are rude, offensive, belligerent, and who may use indecent, obscene, and/or threatening or harassing language while playing the Game. You may report any instances of such behavior to CCP. CCP will investigate and take such measures as CCP, in its sole judgment, determines are reasonable under the circumstances. You may encounter behavior of others that you may view as insulting, demeaning, offensive, threatening, or harassing. You assume all risk associated with playing the Game, and CCP assumes no responsibility for the conduct of any other players, and shall not be liable to you or any other person for their conduct.

Use of Personal Information

You may verify and update your Account information by logging into your Account through the account management page provided by CCP.

Definitions

The term “User Personal Details” means information relating to your personal Account details, including your email address, profile name or other online identification, first name, last name, age, date of birth, country of residence, preferences and settings including communication or content restrictions and parental control settings, other account information such as friend’s lists and language selection, any dates the foregoing data is modified, and any other information relating to your Account.

The term “User Gameplay Information” means any information relating to your play or use of the Game, including of your gameplay statistics, preferred strategies, in-Game transaction history and trends, history of technical issues and support usage, and history of contributed and received User Content.

User Personal Details and User Gameplay Information together constitute “User Data”.

Collection and Use of User Personal Details

You acknowledge and agree that CCP may collect and store User Personal Details and use them for the limited purposes of: (i) verification or authentication of a user’s identity; (ii) establishing an Account with CCP; (iii) the provision of services to users, such as gameplay, Game administration, and technical support; and (iv) marketing and offering CCP products and services to you. Any storage or use of User Personal Details will be subject to compliance with CCP’s privacy and cookies policy, which may be found at http://www.ccpgames.com/privacy-policy. As noted below in “Transfer and Sharing of User Data”, your User Personal Details and User Gameplay Information may be transferred, collected, or stored in locations outside the European Economic Area, including the United States. Any transfer of User Data to, or collection or storage by, an affiliate of CCP shall be subject to a binding duty of confidentiality.

NOTWITHSTANDING THE FOREGOING, CCP DOES NOT WISH TO COLLECT INFORMATION FROM CHILDREN UNDER 18. IF YOU ARE UNDER 18, PLEASE DO NOT SUBMIT ANY USER PERSONAL DETAILS TO CCP.

Collection and Use of User Gameplay Information

You acknowledge and agree that CCP may collect and store User Gameplay Information about you, both as an individual and aggregated with the User Gameplay Information of other users of the Game and the System. In addition, you acknowledge and agree that CCP may analyze and use such User Gameplay Information for the purposes of review, research, development, maintenance, operation, administration, and support, and for the marketing of CCP products and services.

Transfer and Sharing of User Data

You agree that CCP may transfer, share, and/or store your User Data: - whether inside or outside the European Economic Area where reasonably necessary to administer, operate maintain and support the Game and the System; - in particular, to the US for the purpose of managing customer support and technical issues; and - with suitable third parties under a binding duty of confidentiality in order for such third parties to carry out the limited activities of CCP permitted by this Section __.

All transfer, storage, and use of User Data shall at all times be subject to CCP’s current privacy policy for the Game.

7. SECURITY AND DISCLOSURE OF USER DATA

CCP does not guarantee that User Data transmitted to the System, including without limitation information in your Account and/or User Personal Details, will not be disclosed to third parties. While CCP’s aim is to keep your User Data confidential and CCP employs security measures to protect the System, third parties may unlawfully intercept transmissions or private communications, or access data within the System.

CCP may (and you hereby expressly authorize CCP to) disclose information about you to private entities, law enforcement or other government officials, as CCP, in its sole discretion, deems necessary or appropriate to investigate or resolve possible crimes or to respond to judicial, regulatory, agency, or similar inquiries.

You further agree that in the event of a failure in the Game, the System and/or the Software, CCP may provide crash dump information (which is information on the state of the System when a crash occurs, and may include your User Data) to third parties under suitable confidentiality restrictions in order to review, analyze, and provide reports on such information to determine the cause or correction of the failure.

8. MONITORING

You agree that CCP may remotely monitor your Game hardware solely for the purpose of establishing whether, in playing the Game and accessing the System, you are using software created or approved by CCP or its partners, or whether you are using unauthorized software created by you or a third party in contravention of Section 5.

9. HEALTH WARNING

Some users may experience fatigue, nausea or vertigo while using virtual reality hardware. Taking rest breaks from the Game and the hardware may help alleviate symptoms. Likewise, in rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or backgrounds on a video monitor may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy. While using the virtual reality hardware, your actual vision will be impaired, and there will be wires connecting the headset to the platform running the Game. Players should carefully review all health and safety warnings from their respective manufacturers before use, and consider setting up their playing space safely, away from big common areas or small children and pets.

10. LICENSE

Software License

Subject to the other terms of the EULA, CCP grants you a limited, non-exclusive, revocable license to use the Software and its accompanying documentation solely in connection with accessing the System in order to play Sparc using a single valid Account. For each valid Account you maintain, you may use only one copy of the Software. You must download a separate license to the Software for each additional Account you register; e.g., if you have 2 Accounts, you must have 2 licensed copies of the Software.

License to Access the System to Play the Game

Upon establishing a valid Account, and subject to your continued compliance with the EULA, CCP grants you a limited, non-exclusive, revocable license to access the System, and to access and use the Game Content and User Content (as defined below) in order to play Sparc. You may download and exchange Game Content and User Content exclusively via a valid Account, solely to play the Game, for purposes permitted by, and in a manner consistent with, the EULA. Additionally and to the extent permitted by the System, you may make a single copy for your own purposes in playing the Game.

Specific Restrictions

Any and all rights not expressly granted by CCP herein are reserved, and no license, permission, or right of access or use not granted expressly herein shall be implied.

You may not intercept any information accessible through the System for any purpose other than playing Sparc in accordance with the EULA. You may not access the System or upload, download, or use information accessible through the System, other than as permitted by the EULA.

You may not copy (except as set forth above), distribute, rent, lease, loan, modify or create derivative works of, adapt, translate, perform, display, sublicense, or transfer the Software or any documentation accompanying the Software. You may not transfer the Software except as permitted by the EULA.

You may not copy, distribute, rent, lease, loan, modify or create derivative works of, adapt, translate, perform, display, sublicense, or transfer any information accessible through the System, including without limitation, any part of the Game Content, User Content, except that you may modify certain Game Content and User Content solely for your own purposes in playing the Game, but only to the extent permitted by the System.

You may not reverse engineer, disassemble or decompile, or attempt to reverse engineer or derive source code from, all or any portion of the Software, or from any information accessible through the System (including, without limitation, data packets transmitted to and from the System over the Internet), or anything incorporated therein, or analyze, decipher, “sniff,” or derive code (or attempt to do any of the foregoing) from any packet stream transmitted to or from the System, whether encrypted or not, or permit any third party to do any of the same, and you hereby expressly waive any legal rights you may have to do so. If the Software and/or the System contain license management technology, you may not circumvent or disable that technology. This section shall apply to the fullest extent permitted by applicable law.

Software Updates

CCP may from time to time update or otherwise modify the Software electronically, or require you to install updates, patches, or fixes to the Software (“Updates”). Updates may change the Game’s terms, conditions, features, items, mechanics, or any other element of the Game. You must install such Updates before you will be allowed to proceed to play the Game or access the System. If you fail to install the new release when required, CCP shall not be responsible in any way for your inability to access the System or play Sparc, and you shall not be entitled to receive any refund or any other form of compensation. You hereby grant CCP permission to: (i) extract hardware system profile data from your hardware; (ii) extract information from your computer’s file directories pertaining to the Game and your ability to access the System; and (iii) download to your hardware any content, Game files and any data related to the operation of the Game. The foregoing applies to any hardware from which you log into the System using your Account.

New Releases of the Software

You are not entitled to receive any new releases of the Software, or any expansion packs, downloadable content, or similar products under the EULA, but CCP may, in its sole discretion, offer any or all of the foregoing to you. CCP may provide new releases or otherwise enhance the Software at any time, in its sole discretion, without obligation to you. Any such new release or other enhancement of the Software may change the Game’s terms, conditions, features, items, mechanics, or any other element of the Game. Periodically, CCP will require all users to migrate to new releases of the Software in order to continue accessing the System and playing Sparc. You will be informed when a new release is available when logging in and must install the new release before you will be allowed to play the Game or access the System. If you fail to install the new release when required, CCP shall not be responsible in any way for your inability to access the System or play Sparc, and you shall not be entitled to receive any refund or any other form of compensation.

Downtime

While CCP attempts to have the System available at most times, CCP does not guarantee that the System will always be available. The System may be suspended or interrupted from time to time or indefinitely, in CCP’s sole discretion, for such items as maintenance, repair, installation of Updates, installation of new releases, or termination of the current version. Your license does not entitle you to a refund for periods the System may be unavailable.

11. PROPRIETARY RIGHTS

Ownership of Software, System, and Game

As between you and CCP, CCP is the sole and exclusive owner of the Software, System, Game, and Game Content (as defined below). The Software, System, Game, and all Game Content are protected by law governing copyrights, trademarks, and other proprietary rights. CCP reserves all rights not expressly stated herein.

The Game is comprised of, without limitation, software code, programs, routines, subroutines, objects, files, data, characters (and items, objects, and attributes comprising or associated with an Account), graphics, sound effects, music, animation, video, text, content, layout, design, and other information downloaded from and accessible through the System (collectively, the “Game Content”). CCP, its affiliates, licensors, and/or suppliers retain all of their right, title, and interest (including without limitation all intellectual property rights) in and to the Software, System, Game, and all Game Content, and no rights thereto are transferred to you, except for the limited license granted above.

Rights to Certain Content

You have no interest in the value of your time spent playing the Game, e.g., by the building up of your experience level during your time playing the Game. Your Account, and all attributes of your Account, are the sole and exclusive property of CCP, including any and all copyrights and other intellectual property rights in or to any and all of the same, all of which are hereby expressly reserved.

Without limiting its rights in any way, and subject to the other terms of the EULA, CCP shall have the right to display and publish any information (except certain User Personal Details in your Account) relating to any player in your Account, for example, in charts, lists, and other compilations, without notice or any compensation to you whatsoever.

You hereby irrevocably, and without additional consideration beyond the rights granted to you herein, assign to CCP any and all right, title, and interest you have, including copyrights, in or to any and all information you exchange, transmit, or upload to the System or while playing the Game, including without limitation all files, data, and information comprising or manifesting groups, corporations, teams, titles, characters, names, logos and other attributes of your Account. To the extent that any such rights are not assignable, you hereby grant CCP an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free license, fully sublicensable through multiple tiers, to exercise all intellectual property and other rights, in and to all or any part of such information, in any medium now known or hereafter developed.

User Content

The System may allow you to communicate information, such as via voice chat, by posting messages on the Game website, and other user-to-user areas (collectively, “User Content”).

User Content that you cause to be communicated to the System may not (i) violate any statute, rule, regulation, or law; (ii) infringe or violate the intellectual property, proprietary, privacy or publicity rights of any third party; (iii) be discriminatory, defamatory, indecent, obscene, pornographic, or harmful to minors; or (iv) contain any viruses, Trojan horses, disabling code, worms, time bombs, “clear GIFs,” cancelbots, or other computer programming or routines that are intended to, or which in fact, damage, detrimentally interfere with, monitor, intercept, or expropriate any data, information, packets, or personal information.

CCP may take any action it deems appropriate regarding any User Content, if CCP believes, in its sole discretion, that such User Content violates the EULA, or that such User Content may (i) expose CCP or its licensors and/or suppliers to liability; (ii) damage CCP’s relationships with any of its respective suppliers, licensors, Internet service providers, or other users of Sparc; or (iii) harm anyone or harm CCP’s reputation or goodwill.

You hereby grant CCP an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free license, fully sublicensable through multiple tiers, to exercise all intellectual property and other rights, in and to all or any part of your User Content, in any medium now known or hereafter developed.

Violation of CCP’s proprietary rights is a material breach of the EULA, in the event of which CCP may suspend your Account, terminate the EULA, and take whatever additional action CCP deems appropriate under the circumstance. The foregoing is without prejudice to or waiver of any and all of CCP’s other rights and remedies, all of which are expressly reserved, survive termination, and are cumulative.

12. WARRANTIES, DAMAGES AND LIMITATION OF LIABILITY

The Software, System, Game, all Game Content, and all other services and material provided in connection therewith, are provided “AS IS,” with all faults, and without warranty of any kind. You assume all risk of use and all risk associated with accessing the System and playing the Game.

To the greatest extent allowed by applicable law, CCP disclaims all warranties, whether express or implied, including without limitation the warranties of merchantability, fitness for particular purpose, and non-infringement. There is no warranty against interference with your enjoyment of the Game. CCP does not warrant that the operation of the System or your access to the System, or that your use of the Software, will be uninterrupted or error-free, or that the System or Software will be compatible with your hardware and software. In the event of a malfunction of, or your inability to use, the Software you have downloaded, your sole and exclusive remedy shall be a replacement download, and CCP shall have no liability for the faulty download.

While CCP attempts to have the System available at most times, CCP does not guarantee that the System will always be available, or that the System will not become unavailable during Game play. The System may become unavailable for a number of reasons, e.g., during the performance of maintenance to the System, for the implementation of new software, for emergency situations, and due to equipment or telecommunications failures. You shall have no right to bring any claim, demand, action, or proceeding against CCP in respect of the same.

In no event shall CCP, its affiliates, licensors, or suppliers be liable to you or to any third party for any special, indirect, incidental, consequential, punitive, or exemplary damages (including without limitation, lost profits, or lost or corrupted data), arising out of or in connection with your Account, the System, Software, Game, Game Content, User Content, EULA, or any other services or materials provided in connection therewith, whether based on warranty, contract, tort, or any other legal theory, and whether or not CCP is advised of the possibility of such damages, and even if any stated remedy fails of its essential purpose.

Nothing in this EULA shall limit any party’s liability in respect of fraud, death, personal injury, or anything else in respect of which liability may not be limited as a matter of law. If any of the foregoing disclaimers or limitations of liability in this Section 12 or elsewhere in the EULA are declared to be void or unenforceable, then CCP’s liability shall be limited to the maximum extent permissible under applicable law. The remedies set forth herein are exclusive and in lieu of all other remedies, oral or written, express or implied.

13. INDEMNITY

You shall defend, indemnify, and hold harmless CCP and its affiliates, licensors, and suppliers, and their respective employees, contractors, officers, and directors, from any and all claims, loss, damages, and demands, including reasonable attorneys’ fees, arising out of: (i) your use or misuse of the Software; (ii) your access to the System; (iii) any activities conducted through your Account (whether by you or another person); and (iv) your playing of the Game.

14. AMENDMENTS TO EULA

CCP may, in its sole discretion, amend the EULA from time to time by posting an amended version and notifying you when you attempt to log in to the System. If the EULA is amended, you will be asked to review the amended EULA when you log into your Account, and to indicate and confirm your acceptance of the amended EULA by clicking the “ACCEPT” and/or “CONFIRM” buttons. You must accept the EULA in order to continue to access the System or play the Game.

If the amendment alters a material term of the EULA that is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and close your Account as described in Section 4, Termination.

15. GOVERNING LAW AND JURISDICTION

The EULA, and the rights and obligations of the parties hereto, shall be governed and construed by and in accordance with the laws of England. The EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

The sole and exclusive forum for resolving any controversy, dispute, or claim arising out of or relating to the EULA, or otherwise relating to any rights in, access to, or use of the Software, System, Game, Game Content, User Content, and/or the rights and obligations of the parties hereto, shall be the courts of England. Notwithstanding the foregoing, CCP shall be entitled to issue legal proceedings against you in any other competent jurisdiction. Where permitted, you hereby expressly waive and agree not to raise any and all objections based on personal jurisdiction, venue and/or inconvenience of such forum, and agree to the jurisdiction of the English courts. However, CCP shall be entitled to seek injunctive relief in any jurisdiction in which this EULA is being breached or CCP’s interests are being prejudiced.

The EULA is published in English. The EULA may be translated into one or more additional languages for convenience of the reader. If the EULA is published in any language other than English, the English language version of the EULA will be the governing agreement and shall control all interpretation thereof.

16. MISCELLANEOUS

If any part of the EULA is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties expressed in the EULA, and the remaining portions shall remain in full force and effect.

You shall comply with all applicable laws regarding your access to and use of the System, use of the Software, your access to your Account, and your playing of the Game. Without limiting the foregoing, you may not download, use, or otherwise export or re-export any part of the information accessible through the System or the Software, except in full compliance with all applicable laws and regulations.

Except as otherwise provided herein, you may not assign or transfer the EULA or your rights thereunder, and any attempt to do so is void. The EULA, including any rules of conduct as referenced therein, and CCP’s privacy policy, as each may be amended by CCP from time to time, sets forth the entire understanding and agreement between CCP and you with respect to the subject matter hereof. Except as provided above, or in a writing signed by both parties, the EULA may not be modified or amended. No distributor or agent of CCP is authorized to make any modifications or additions to the EULA.

All notices to CCP required or permitted by the EULA shall be by electronic mail at support@playSparc.com, unless stated otherwise in the EULA.