Below, you’ll find legal documentation for all Wargaming.net products & services.
Effective 15 June 2018. Please see upcoming changes in Section 7.8.
This End User Licence Agreement (“EULA“) governs the relationship between you and Wargaming Group Limited, 105, Agion Omologiton Avenue, Nicosia 1080, Cyprus, or any one of its affiliated entities, including Wargaming World Limited, 105, Agion Omologiton Avenue, Nicosia 1080, Cyprus, for Xbox® games and games on PlayStation®4 computer entertainment system (“Wargaming“, “we“, “our” and “us“) in relation to your use in Australia or New Zealand of:
(a) our websites: http://worldoftanks.asia, http://worldofwarships.asia, http://console.worldoftanks.com, http://wowslegends.com, http://wotblitz.asia, http://wowsblitz.asia, http://godsandglory.com, http://totalwararena.asia, http://wargaming.net (each a “Site“);
(b) any of our online, mobile and browser games including, but not limited to, “World of Tanks”, “World of Warships”, “World of Tanks” on Xbox 360 and Xbox One, “World of Tanks” on PlayStation®4 computer entertainment system, “World of Warships: Legends”, “World of Tanks Blitz”, “World of Warships Blitz”, “Gods & Glory”, “Total War: Arena” (each a “Game“, and inclusive of any downloadable software);
(c) any of the forums that we operate for the Games (the “Games Forums“); and
(d) any of our other products and services (including support services) which may be accessible via a third party platform, web application or social networking service (together, the “Ancillary Resources“).
1.2 In this EULA we refer to the Sites, the Games, the Games Forums and the Ancillary Resources together as the “Resources“.
1.3 By accessing, using, or availing yourself of the Resources in Australia or New Zealand in any manner, or using, registering, downloading, or installing the Games, you warrant that as part of the process of doing so you have read, understood, and agree to be bound by the EULA and Third Party Terms, including all documents referred to in section 2 “Other Documents You Accept”, and we rely on that warranty in providing access to the Resources to you.
1.4 If you are not eligible or do not agree to this EULA, you must not register for or use any of the Resources, including by downloading any Game.
1.5 Your use of the Resources in any location other than Australia or New Zealand will be subject to the terms applicable to users in that location, available through our websites at http://www.asia.wargaming.net/, http://www.na.wargaming.net/, http://www.eu.wargaming.net/, and http://www.ru.wargaming.net/.
2. Other Documents You Accept
2.1 This EULA includes the following documents that are incorporated in this EULA by reference:
(b) rules and guidelines for the Games, including but not limited to the following:
(hereinafter, the “Game Rules”);
(c) rules and guidelines for the Games Forums, including but not limited to the following:
(hereinafter, the “Forum Rules“);
(d) rules and guidelines for clans in the Games, including but not limited to the following:
(hereinafter, the “Clan Rules”); and
(e) other Wargaming rules, guidelines and policies published by us from time to time.
2.2 This EULA refers to the rules, guidelines and policies referred to in paragraphs 2.1(b) to 2.1(e) together as the “Rules“).
2.3 In case of any inconsistency between this EULA and the documents referred to in clauses 2.1(b)-2.1(e) above, this EULA will prevail.
2.4 You must also accept and comply with all rules of external platforms applicable to the Resources or specific Games, including but not limited to Xbox Games and other Xbox services rules, PlayStation®4 computer entertainment system licenses and other Sony rules, Apple Appstore and Game Center rules, and Google Play rules (“Third Party Terms”). Any breach of any Third Party Terms shall be regarded as a fundamental breach of this EULA.
2.5 When playing Games on PlayStation®4 computer entertainment system and using Sony services, following rules apply. Any content purchased in an in-game store will be purchased from Sony Network Entertainment Europe Limited (“SNEE”) and be subject to Sony Entertainment Network Terms of Service and User Agreement which is available on the Playstation®Store. You should check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
3. Users under the Age of 18
3.1 You warrant that you are over the age of eighteen (18).
3.2 If you are under the age of eighteen (18), you must ask your parent or guardian to read and accept this EULA on your behalf before you use the Resources. If you (or, if applicable, your parent or guardian) do not agree to this EULA, then you may not use or access the Resources or any part thereof. By signing up for an Account (see below, section 6 “Your Wargaming Account”), you represent and warrant that you are a “natural person” who is over the age of eighteen (18).
3.3 In this EULA, “you” means the user of the Resources or, if the user is under the age of eighteen (18), the user of the Resources and the user’s parent or guardian who accepted this EULA on the user’s behalf, and who will be responsible for the user’s compliance with this EULA.
3.4 You agree that you will not knowingly allow any individual under the age of eighteen (18) to use or access the Resources without a parent or legal guardian supervising him or her.
4. Amendments to the EULA and the Rules
4.1 From time to time, we may amend:
(a) this EULA, for example to reflect or include new products or services, to reflect new features and functionality in the Games, to enhance security for our users, or because of changes in the law;
(b) the Game Rules, for example to address issue that may arise in the Game or the way that the Game is being played and to ensure that the Game continues to be enjoyable for all users;
(c) the Forum Rules, for example to ensure that the Games Forums operate smoothly and to reflect the needs of the community using the Games Forums; or
(d) the Clan Rules, for example to address issue that may arise in the Game or the way that the Game is being played and to ensure that the Game continues to be enjoyable for all users.
4.2 If we make such a change to this EULA or any of the Rules (other than a non-material amendment, for example to improve wording or to correct errors), we will inform you of the particular changes in advance via e-mail no later than thirty (30) calendar days before such changes come into force and that you shall be deemed to have accepted these changes (unless you have notified us of your objection to such changes within thirty (30) calendar days from the moment of receipt the e-mail notification from us), or if you use the Resources after the changes have entered into force. In the e-mail notification, we will inform you of your right to object, of the applicable notice period and the legal consequences of a failure to object.
4.3 In case you object to any changes as set out in subsection 4.1, you must stop using the Resources, close your Account and terminate this EULA before the changes start to apply. However, in that case we have the right to close your Account and terminate this EULA with fourteen (14) calendar days’ notice. In case of such termination, you are entitled to a refund according to subsection 16.2 “Suspension and Closure of Your Account / Termination of this EULA”.
4.4 The latest version of this EULA and of the Rules will always be available on the Sites, so we recommend that you check for updates to this EULA and to the Rules each time you use the Resources. Changes to the EULA and/or any of the Rules shall not affect your accrued rights, shall not substantially disrupt the contractual balance between you and us under this EULA and shall not have retroactive effect.
5. Non-Excludable Rights
5.1 Nothing in this EULA is intended to have or has the effect of excluding, restricting or modifying the application of any applicable law of any local jurisdiction that cannot be excluded, restricted or modified by agreement between us (collectively, “Non-Excludable Rights”).
5.2 Non-Excludable Rights may include rights to replacements, refunds, compensation or other remedies to which consumers may be entitled and that cannot be excluded, restricted or modified under:
(a) Division 1 of Part 3-2 of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) (Cth); or
(b) the New Zealand Consumer Guarantees Act 1993.
(collectively, “Consumer Guarantees“).
6. Your Wargaming Account
Creating an Account
6.1 In order to use the Resources, you will need to create a Wargaming account (an “Account“).
6.3 When creating an Account you will also be required to provide a ‘user name’ and/or ‘persona’ to represent you in a Game and on our Sites. User names and personas are tied to your Account (meaning they cannot be transferred to anyone else). You may not use a user name or persona that is used by someone else, is vulgar or offensive, or otherwise breaches this EULA. If you have questions about Account registration, please contact us at https://asia.wargaming.net/support/ or, for Gods & Glory, email@example.com.
6.4 Specifically, in order to use the Resources for Xbox® 360 or Xbox® One Games, you will need to visit the site and sign in using your Microsoft Xbox® Live ID credentials. The Account will be automatically created using your Microsoft Xbox® Live ID credentials (e-mail and nick name (gamertag)).
In certain cases, including some iOS and Android Games, you may also log in through some third party system, if expressly permitted in the Game.
To access the Resources for Games on PlayStation®4 computer entertainment system, you need to have a Sony Entertainment Network account.
6.5 Also, if expressly permitted by Wargaming, a “demo account” is possible in certain Games. A “demo account” is a limited account provided for demonstration purposes only. In this case, you receive no separate username or password. The authorization for the Game is made through the specific technical device (mobile phone, tablet, etc.) that you use.
6.6 However, you are strongly advised to set up a standard Account in accordance with the above provisions. Subject to any Non-Excludable Rights, if a “demo account” is used, we are not responsible for or obliged to keep your progress in the Game, ensure availability of game items and Additional Features or safety of any monetary or valuable assets in the Account. Cases when a “demo account” and all connected assets may be lost entirely include the loss of the technical device, loss of password or any unauthorized modification of the operating system of the technical device (“jailbreaking”) or of the software.
6.7 You must keep all information relating to your Account confidential. You should not disclose your Account ID or password, secret question or answer to anyone at any time. This includes your friends, children, spouses, co-workers, clan members, and/or clan leaders.
6.8 You may, under some circumstances, be responsible for the conduct and actions using your Account and for all breaches of this EULA committed by using your Account which are due to your culpable omissions or conduct as regards your Account information. We shall have no liability to you for any loss or damage arising from any unauthorised use of your Account or any unauthorised access, use, alteration, modification and/or disclosure of your personal information to the extent it arises from your culpable omissions or conduct as regards your Account information, subject to any Non-Excludable Rights.
Security of Your Account
6.9 You must ensure that you secure your Account, computer, mobile phone or other device from third party access. Please notify us immediately at https://asia.wargaming.net/support/ or, for Gods & Glory, firstname.lastname@example.org if you become aware of:
(a) any unauthorised use of your Account or any other breach of security; or
(b) any hacking tools being used or that might be used in relation to the Resources.
6.10 We have implemented physical, electronic and managerial procedures in order to help safeguard and prevent unauthorised access, use, alteration, modification and/or disclosure of your personal information. Although we use reasonable efforts to safeguard the security of your personal information, transmissions made on or through the Internet and personal information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made by e-mail are not protected by encryption and are vulnerable to interception during transmission.
7. Charges and Billing
7.1 You do not have to pay any registration or subscription fees to create an Account. However, some of the Resources may require you to pay a fee. If you decide to purchase or subscribe to any such Resources, you warrant to us that:
(a) you are either over the age of eighteen (18) or, if you are under the age of eighteen (18), that your parent or guardian has agreed to and accepted the respective purchase and this EULA on your behalf;
(b) you are the authorised Account holder for the Account from which you are purchasing or subscribing to the Resources;
(c) you are authorised to use the particular credit card or other accepted method of payment; and
(d) all information that you submit is true and accurate (this includes, without limitation, your credit card number and expiration date, so it is important to keep these details updated); and
(e) you will pay all the fees that you incur, unless and until you close your Account and terminate this EULA in accordance with this EULA.
7.2 Prices for Resources are published in the corresponding section of the relevant Resources. Wargaming reserves the right to change the price at any time by making a respective change on the Resources.
7.3 When you pay a fee, we may adjust the total amount of any fees by adding a fee, if any, applicable to the payment method you selected and for mandatory tax payments, if any, required by law. If your payment is in a currency other than that of the purchase amount shown by the Resource, the exchange rate applied on the payment date will depend on the selected payment method.
7.4 We do our best to describe our Resources and prices as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the Resources is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, Wargaming shall have the right to refuse or cancel any purchase or subscription at its sole discretion. If we charged your credit card or other account prior to our cancellation, we will issue a refund in the amount of the charge. If you have already used your purchase or subscription has already expired prior to us charging your credit card or other account, Wargaming reserves the right to block access to your Account until you reimburse the full price of the corresponding Resource(s).
7.5 Any applicable fees and other charges on your Account for Resources fully provided by us are not refundable, except as set forth in this EULA subject to any Non-Excludable Rights.
7.6 Your Account is personal to you and cannot be transferred or traded with any other user. Any sale, purchase, lease, rent, exchange, other commercial exploitation of Accounts is prohibited.
7.7 IF YOU ARE PLAYING OUR GAMES ON EXTERNAL PLATFORMS SUCH AS MICROSOFT XBOX®, PLAYSTATION®4 COMPUTER ENTERTAINMENT SYSTEM, APPLE IOS OR GOOGLE ANDROIDTM, YOU MUST ALSO COMPLY WITH ALL TERMS AND CONDITIONS SET BY THOSE THIRD PARTY PLATFORMS. THE CHARGING AND BILLING IN SUCH GAMES ARE SUBJECT TO RULES OF THE THOSE PLATFORMS. WARGAMING DISCLAIMS ANY LIABILITY OF ANY NATURE FOR SUCH PLATFORMS’ ACTIONS, SUBJECT TO ANY NON-EXCLUDABLE RIGHTS.
7.8. [This Section will come into force on 5 August 2019] If your issuing bank offers automatic account updater services (Visa Account Updater, Mastercard Automatic Billing Updater, or similar), these services may automatically update your payment card details in our acquirers’ systems when they change without any action on your part. If you do not want to have your card details automatically updated, please contact your issuing bank.
8.1 The software, code, technology, text, forum posts, chat posts, profiles, widgets, messages, links, e-mails, music, sound, graphics, pictures, video, data and all other elements of the Resources, as well as the design and appearance of our Sites and the Games (collectively, the “Content”) provided by Wargaming are protected by intellectual property and proprietary rights and other applicable laws. Some parts of the Content may only be accessible online and/or require using keys or codes, serial codes and/or online authentication of any kind and in-game achievements in order to be unlocked.
8.2 The Content and all of the intellectual property rights in the Content are owned by us (or by our affiliates and partners as applicable) and you may not use or exploit any of it without our permission. However, in return for your acceptance of this EULA, during the time this EULA is in force between you and us, we grant you a personal right (known as a ‘licence’) to use the Content in connection with your access and use of the Resources, including by downloading, installing and playing the Games. This licence is:
(a) ‘non-exclusive’ (meaning that we can grant the same and similar licences to other people as well);
(b) ‘revocable’ (meaning that we can terminate this licence in certain circumstances, which are explained further below);
(c) ‘personal’ (meaning that you may not use the Content for any commercial purpose);
(d) ‘non-transferable’ (meaning that the licence is only for your benefit and you may not transfer or sub-licence any of the rights that we grant to you to any other person);
(e) ‘limited’ (meaning that you can only use the Content for the purposes we set out in this EULA); and
(f) conditional on your compliance with this EULA and the Rules.
8.3 Unless and to the extent that we have expressly authorised you in writing, you must not:
(a) copy or download any Content from the Resources or any part thereof (except as part of the proper use or operation of the Resources);
(b) distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of the Content;
(c) make any commercial use (i.e. for profit) of any Content; or
(d) remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Content.
8.4 Wargaming will do its best to make the Content available to you as a part of your enjoyment of the Resources, but this is subject to some rules which we need in order to ensure efficient running of the Resources:
(a) we can only make the Content available to you if it is legal for you to have access to the Content in your home country;
(b) you may only obtain the Content from us (or from any person that we authorise for this purpose) and you must not obtain Content from any other person or attempt to do so;
(c) we reserve the right to refuse your request(s) to acquire the Content, and we also reserve the right to limit or block any request to acquire or obtain Content at our reasonable discretion, in particular insofar as there are technical issues and/or legal restrictions e.g. under copyright law, criminal law, youth protection law etc.;
(d) we do not guarantee that any of the Content will be available at all times, in all countries and/or all geographic locations, or at any given time (subject to item 19 “Interruptions to the Resources”) or that we will continue to offer any particular Content for any particular period of time (unless we expressly say otherwise as part of the Resources);
(e) the Content you have access to is not returnable, exchangeable, or refundable for other Content or for cash, or other goods or services, unless otherwise provided in the present EULA or as permitted in the Resources, subject to any Non-Excludable Rights; and
(f) we may change or update the Content from time to time in accordance with item 18, but we will post details of any material changes in the news section of the relevant Site(s).
9. Additional Features
9.1 The Resources may permit you to acquire and accumulate rights to certain additional virtual game content, features and functionalities made available by us, including rights to in-game assets and points, virtual items, virtual currency (so-called “Gold”) or time-limited premium memberships (together “Additional Features“), which we grant you a licence to use pursuant to the terms of this EULA.
9.2 Additional Features constitute a limited, non-transferable, non-sublicensable, revocable licence to use features of the Resources when, as, and if allowed by us and solely as governed by and permitted under this EULA, and are subject to change in accordance with section 18.
9.3 To acquire Additional Features, you need to have an Account and follow the instructions provided in the Resources. This can include making a payment and providing personal and financial details (which you represent shall be complete and accurate).
9.4 You may accrue Additional Features in a variety of ways. We may distribute or provide access to Additional Features in exchange for you taking certain actions (either directly within the Resources, or in connection with a third party service), for a fee, or without any fee or required action, at our sole discretion. We may charge fees for the right to exercise rights associated with Additional Features.
9.5 Below are the rules that apply to Additional Features:
(a) Additional Features may only be redeemed for other Additional Features where permitted in the Resources;
(b) once you have acquired Additional Features, those Additional Features are non-refundable and non-exchangeable (whether or not you use them), except as set forth in this EULA, subject to any Non-Excludable Rights;
(c) Additional Features cannot be sold or transferred to anyone (including between Accounts held by you), but you may buy Additional Features for another user of a Game through the gift shop (if any) applicable to that Game;
(d) Additional Features cannot be exchanged for cash or any goods or services (except other Additional Features as permitted in the Resources);
(e) we do not make any promises about how or when Additional Features may be available to be acquired (subject to item 19 “Interruptions to the Resources”) and can update or change Additional Features available to be acquired at any time;
(f) you may only acquire Additional Features from us (or from any person that we authorise for this purpose) or from another user of the Game as a gift through the gift shop (if any) applicable to that Game, and you must not obtain Additional Features from any other person or in any other way or attempt to do so;
(g) we may limit or block a request to acquire Additional Features for any reason;
(h) the price payable for the Additional Features (including any value added tax or other applicable taxes of duties) will be as set out on our Sites or as part of the Resources (as applicable), but we reserve the right to change the price of Additional Features at any time at our discretion;
(i) you agree that you do not “own” the Additional Features and that we have the absolute right to manage, regulate, control, modify and/or eliminate such Additional Features at our sole discretion, in any general or specific case, and that we will have no liability to you based on our exercise of such right;
(j) we allow you to accumulate and manage your Additional Features, and may use terms such as “buy” and “sell” to refer to the grant or transfer of rights to use the Resources, but use of terms such as “buy” or “sell” does not indicate any ownership right; and
(k) if and to the extent that any Additional Features are determined by applicable law to constitute real world currency or property, then they belong to us.
9.6 If you receive Additional Features or achievements free of charge, at a lower price or without performing the actions that are normally required for receipt (e.g. experience points without playing the Game):
(a) due to a technical error (a bug), you must report this to us immediately; or
(b) due to hacking, fraud or other illegal actions by you or with your knowledge, you must report this to Wargaming immediately and pay for such Additional Features to the extent already consumed.
In each case, Wargaming may delete such Additional Features and achievement without any notice to you and, if you have already consumed the Additional Features without paying the full price of the corresponding Additional Features, block access to your Account until you reimburse the full price of the corresponding Additional Feature(s).
10.1 The following rules apply in regard to the gifts made through the Premium Shop:
(a) Gifts can be made within the same game server region only, i.e. gifts from an account on the ASIA server cannot be made to players on the North America server.
(b) Within 24 hours after a gift is sent, the recipient will receive a notification via email. To receive a gift, the recipient must go to the My Gifts page in the Premium Shop and accept the gift.
(c) A recipient may accept or decline a gift. A recipient has 30 days to accept a gift. If it is not accepted within this period, the sender will automatically receive compensation to their account as in-game currency equal to the price of the gift as at the time of purchase.
(d) Within 24 hours after a recipient accepts or declines a gift, the sender will receive a notification via email.
(e) If a recipient of a gift already owns a vehicle included in the gift, that vehicle’s full cost in Gold as at the time of purchase in the Premium Shop will be automatically compensated to the recipient. The vehicle will not be transferred to the recipient’s account.
(f) Any vehicles sent as a gift will be transferred together with a corresponding Garage Slot.
(g) If the sender of a gift cancels the payment or fails to pay after the recipient accepts the gift, we may block both accounts until the circumstances are clarified. You should not accept gifts from unknown senders.
11. Fan Websites
11.1 This section relates to any fan website that you may create regarding any of our Games (“Fansites” and each a “Fansite“).
11.2 At some of our Sites we expressly designate certain Content such as Wargaming game-related images, graphics or artwork and trade marks as being “for fansite use” (for example see: http:///worldoftanks.eu/news/943-world-tanks-fankit). In this EULA we refer to this specifically designated Content as “Fansite Content“.
11.3 We grant you a non-exclusive, revocable, personal, non-transferable and limited licence (as these terms are defined in subsection 8.2 above) to reproduce and redistribute Fansite Content on Fansites. This licence is conditional upon you complying with the following provisions:
(a) you acknowledge and agree that we retain ownership of the Fansite Content and have the right to amend, delete, add to or otherwise modify any of it at any time;
(b) you agree to include Wargaming’s trade mark, copyright or other proprietary rights notices when displaying Fansite Content if we request you to do so and in the manner that we request you to do so;
(c) you agree to comply with any usage guidelines that we may provide to you from time to time;
(d) you shall not remove or alter any identifying information or copyright management information conveyed in connection with copies of Fansite Content, including in digital form, nor challenge Wargaming’s ownership (or the ownership of any third party) of the Fansite Content;
(e) you shall not use or adopt any trademarks that might be confusingly similar to any Fansite Content;
(f) the Fansite will not post material that is disparaging, illegal or infringes on the rights of any third party or that damages (or that might damage) the reputation of Wargaming or of any of the Games;
(g) except as expressly permitted in this EULA, you shall not rent, lease, reproduce, modify, translate the Fansite Content, or make an adaptation of (including without limitation fiction or visual art), or in any way exploit, any of the Content without our express written permission; and
(h) you must not make, or seek to make, any commercial use or profit out of the Fansite Content (including for example by selling subscriptions to your Fansite) without our prior written consent.
11.4 If you fail to comply with any of the terms set out in this section, we reserve all of our rights including the right to terminate your licence over the Fansite Content and also to close your Account in accordance with section 16 “Suspension and Closure of Your Account / Termination of this EULA”.
11.5 All goodwill arising from your use of Fansite Content, including from use of any of our trademarks, shall inure solely to our benefit.
12. User Generated Content – Your Responsibilities and Licence to Us
12.1 Some Resources permit you to create or upload content which you have created (which we refer to in this EULA as “User Generated Content” or “UGC“). UGC includes, for example: Account personas, forum posts, chat posts, voice chat, messenger type features, profile content and any other Content contributed by users to or on Resources.
12.2 Users of the Resources create, download and use User Generated Content at their own risk. If you upload or make available to other users your UGC via our Resources:
(a) we do not control, monitor, endorse or own your UGC; and
(b) you are commissioning us to host and make available such UGC on our Resources and grant to us a limited, non-exclusive and revocable license to do so.
12.3 In relation to any User Generated Content which you create or wish to make available to other users, you agree to and comply with the following terms and conditions:
(a) any part of the UGC which comprises or incorporates any of our intellectual property rights remains our property;
(b) you must not upload any UGC that belongs to anyone else unless you have the respective right owner’s authorisation to do so;
(c) you must not upload any UGC that infringes the intellectual property rights or privacy or any other rights of anyone else or which is illegal or breaches this EULA;
(d) you waive and agree not to assert any moral rights or similar rights you may have in UGC against us;
(e) you are solely responsible for your UGC; we do not pre-screen all UGC and do not endorse, approve, or pre-screen any UGC that you and other users may contribute to Resources;
(f) you must not in any way claim or suggest that any UGC is endorsed, supported by, or affiliated with us, other than being hosted by us;
(g) you must ensure that the UGC complies with all relevant legislation and does not contain any material which may be considered offensive, defamatory, illegal or which could cause any reputational loss or embarrassment to us;
(h) if you create any UGC, you are responsible and liable for it; we do not bear any liability or responsibly for UGC, nor do we provide any support for UGC;
(i) if we believe that your use or uploading of UGC breaches any of these conditions, then Wargaming may remove, block, edit, move or disable such UGC; and
(j) if you contravene any of these conditions, we reserve the right to suspend or permanently remove availability of your UGC and to take any other steps which we consider appropriate.
13. Feedback and User Submissions
13.1 We are always pleased to hear from our users and welcome specific comments about our Resources. Unfortunately, however, our long-standing company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those we have specifically requested. The aim of this policy is to avoid the possibility of future misunderstandings when projects that we develop might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative suggestions, ideas, notes, drawings, concepts or other information such as game ideas or original artwork (“Submissions“).
13.2 Any and all Submissions that you send to us, whether at our specific request or notwithstanding our request that you do not do so, shall be deemed, and shall remain, our property from the time of uploading or transmission, in accordance with subsection 13.3.
13.3 You hereby assign to us (including as a present assignment of future rights) all intellectual property rights in Submissions that you send to us to the extent owned by you. If for any reason this assignment is not effective, then you grant Wargaming a worldwide, perpetual, irrevocable and royalty-free license to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense (including, without limitation, to third party media channels, platforms, and distributors), publicly perform, publicly display, and otherwise use and exploit in any manner whatsoever, or grant third parties the right to do any of the foregoing, all or any portion of your Submissions, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You further irrevocably grant us the right, but not the obligation, to use your name in connection with your Submissions. You also agree to waive any right of approval for our use of the rights granted herein and agree to waive any moral rights that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights. To the extent permitted by applicable laws, you also waive any moral rights or rights of a like nature that you may have in such Submissions.
13.4 We accept your Submissions on the basis that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this section. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to existing or future intellectual property rights relating to your Submissions. You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant us the rights granted in this section.
14. Game Rules
14.1 The Game Rules set out how we expect you to behave when playing the Game. You must review the Game Rules carefully before playing the Game. ‘Role-playing’ is not an excuse for contravening the Game Rules.
14.2 If you contravene the Game Rules, then we may take some or all of the following actions without any notice to you:
(a) we may suspend your access to the “game chat” functionality in the Game for a short period of time;
(b) we may suspend your access to the “game chat” functionality in the Game for a longer period of time; and
(c) we may suspend or close your Account and terminate this EULA as provided in section 16 “Suspension and Closure of Your Account / Termination of this EULA”.
14.3 Game Rules for specific Games may contain other restrictions depending on the nature of the Game and its functionalities. In case of any discrepancies between this section 14 and Game Rules for a specific Game, the latter shall prevail.
14.4 If you encounter another user who is contravening any of the Game Rules, please report this activity to Wargaming using the “Help” or “Report Abuse” functions in the Game if available, or otherwise contact Customer Support at https://asia.wargaming.net/support/ or, for Gods & Glory, email@example.com.
15. Forum Rules
15.1 The Forum Rules set out how we expect you to behave when using any of the Games Forums. You must review the Forum Rules carefully before using any of the Games Forums.
15.2 If you contravene the Forum Rules, then we may take some or all of the following actions without any notice to you:
(a) we may restrict your access to the Games Forums to read-only status for a short period of time;
(b) we may restrict your access to the Games Forums to read-only status for a longer period of time;
(c) we may restrict your access to the Games Forums to read-only status permanently; and
(d) we may suspend or close your Account and terminate this EULA as provided in section 16 “Suspension and Closure of Your Account / Termination of this EULA”.
15.3 If we restrict your access to the Games Forums to read-only status, then during the period of that restriction you will be able to view the Games Forums but will not be able to post comments to the Games Forums.
15.4 If you encounter another user who is contravening any of the Forum Rules, please report this activity to us using the “Help” or “Report Abuse” functions in the relevant Games Forum if available, or otherwise contact Customer Support at https://asia.wargaming.net/support/ or, for Gods & Glory, firstname.lastname@example.org.
16. Suspension and Closure of Your Account / Termination of this EULA
Termination for Cause
16.1 Our and your statutory rights to close your Account and terminate this EULA for good cause remain unaffected by this EULA.
16.2 If such a termination for cause is prompted by a breach of a contractual obligation under this EULA from our side, you are entitled to (i) a refund for any payments made by you for Gold that at the time of termination has not been used by you in exchange for other Additional Features; and (ii) a pro-rata refund of payments for any premium membership active for your Account at the time of termination. Other than that, you will not be entitled to any refunds or compensation, subject to any Non-Excludable Rights.
Suspension or termination by Wargaming
16.3 If you are in material breach of this EULA, including (without limitation) the Game Rules or the Forum Rules, then we may, at our reasonable discretion, take some or all of the following actions:
(a) suspend your access to the “game chat” functionality in a Game;
(b) suspend your Account for a short period of time;
(c) suspend your Account for a longer period of time; and
(d) close your Account and terminate this EULA.
16.4 If the breach of this EULA is your first breach, if it is not flagrant, if it is capable of cure, and if the circumstances allow us to do so, then we shall give you fourteen (14) calendar days prior written notice of the impending Account closure to give you the opportunity to cure the breach during such time period.
16.5 If we suspend your Account, then during the period of that suspension you will not be able to access your Account or use any of the Resources and time limitations applying to any Additional Features you have acquired (including premium membership) will continue to run. If we close your Account and terminate this EULA, then you will never be able to access your Account and we may also prohibit you from accessing or using the Resources in future.
16.6 If we suspend your access to the “game chat” functionality in a Game, then during the period of that suspension you will be able to play the Game and read the “game chat” of other players, but will not be able to participate in “game chat”.
16.9 We are not obliged to enter into any correspondence (other than as specified in subsection 16.4), or provide any evidence of your breach of this EULA or any Rules.
17. Your Right to close Your Account and terminate this EULA without cause
17.1 You may close your Account and terminate this EULA without cause at any time by contacting Customer Support at https://asia.wargaming.net/support/ or, for Gods & Glory, email@example.com.
17.2 Important note: Any Additional Features you purchase from us are directly linked to the existence of your Account. If you decide to close your Account and terminate this EULA without cause, you will lose any Additional Features accessible from that Account at the time of the termination. You will then only be entitled to a pro-rata refund of payments for any premium membership active for your Account at the time of termination. Other than that, you will not be entitled to any refunds or compensation, subject to any Non-Excludable Rights.
18. Nature of Resources and Patches, Updates and Changes
18.1 From time to time, we may need to deploy or provide patches, updates, additional content or other modifications to the Resources (including those referred to in in subsection 18.3).
18.2 We need to take the actions referred to in this section automatically in order to keep the Resources running efficiently. It is therefore not practicable to ask for your approval or even to notify you before we take these actions and you confirm that you consent to us taking these actions without your prior approval and without any prior notice.
18.3 You hereby accept, recognize and understand that:
(a) we constantly work on maintaining the Resources and improving and further developing the Games and other Resources, and may make changes to the Resources to, for example, enhance online gameplay, add new or updated features, resolve software bugs or other technical issues, and improve, upgrade and update graphics, user experience, features, gameplay and any other Content (including Additional Features you have acquired) in order to make the gameplay enjoyable for you and other players; and
(b) we may also need to change or cease to provide such Resources to all or any users from time for time for reasons including technical, legal, economic or business factors.
19. Interruptions to the Resources
19.1 From time to time, we may need to update, reset, temporarily interrupt or shut down some or all of the Resources, including without advance notice. Any of these actions may cause you to lose access to the Resources temporarily and/or cause you setbacks within a Game or other aspects of your use of the Resources. These activities are sometimes required to enable us to continue to provide the Resources.
19.2 Subject to this EULA, we will use our reasonable endeavours to make the Resources available to you at all times but do not warrant that the availability of the Resources or any aspect of them (including any Additional Features, accounts, statistics, user ranks or profile information) will be uninterrupted or error-free, subject to any Non-Excludable Rights.
20. Links to Third Party Sites
21. Beta Tests
21.1 We may give you the opportunity to beta test new games and features of the Sites. Your participation as a beta tester is subject to the following terms and conditions.
21.2 Closed beta tests are confidential. The beta games, including information about features and functionality to be offered as part of the games, are confidential. If you participate in a closed beta test, you must safeguard and prevent unauthorised access to, copying, disclosure, and unauthorised use of the beta games. You will carry out the testing personally and not provide access to beta games to any other person. Your obligation to keep the beta games confidential will continue until we publicly distribute, or otherwise disclose to the public through no fault of yours, each of the games and the content that you are testing.
21.3 As a beta tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in this EULA or the Sites shall be construed as granting you any rights or privileges of any kind with respect to the beta games. The beta games are provided for testing on an “as is” basis and we make no warranty to you of any kind, express or implied, subject to any Non-Excludable Rights.
21.4 When playing certain beta games, you may accumulate treasure, experience points, equipment, or other value or status indicators. We may reset this data when the relevant game completes this testing phase or at any time during the testing process. In this case, all player history and data will be erased and each player will return to novice status.
21.5 By starting a beta game, you agree that:
(a) playing the beta game is at your own risk and that you know that the beta game may include known or unknown bugs;
(b) any value or status indicators that you achieve through the gameplay may be erased at any time;
(c) we have no obligation to make this beta game available for play without charge for any period of time, nor to make them available at all;
(d) this beta game may be available only by subscription once the testing process is complete or at any time in the future;
(e) this EULA applies to your use of the beta game during the testing phase, except to the extent of any inconsistency with this section 21; and
(f) if the beta test is a closed beta test, you will keep all information about the beta game confidential as stated above and not disclose such information to any other person.
22. Epilepsy Warning
Certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns in everyday life. Such people may have a seizure while watching certain monitor images or playing certain video games. This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, consult your doctor prior to playing. We advise that parents should monitor the use of video games by their children. If you or your child experience any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement or convulsion, while playing a video game, IMMEDIATELY discontinue use of the video game and consult your doctor. Please also note that when using a video game you should take certain standard health and safety precautions, including avoiding playing the game when tired and not had much sleep, taking 10 to 15 minute breaks every hour, sitting a reasonable distance from the screen, and playing the game in a well-lit environment.
23. Warranties and Liability Regarding the Resources
23.1 We warrant that we have the right to enter the EULA and to grant you the licences to use the Content set out in section 8 “Content”.
23.2 Except for and subject to any applicable Non-Excludable Rights referred to in section 5 “Non-Excludable Rights” and to the maximum extent permitted by law, we exclude any:
(a) term, condition, warranty, representation, guarantee or undertaking that may otherwise be implied into this EULA by legislation, common law, equity, trade, custom or usage; and
(b) liability for any losses, liabilities, damages, costs, charges or expenses, whether direct or indirect, you suffer or incur in connection with the Resources, whether in contract, tort (including negligence), statute or otherwise, other than injuries to health, body or life or for intentional damages directly caused by us, our representatives, employees or our vicarious agents in providing the Resources.
24. Technical Requirements
24.1 For using the Game you need certain hardware, software and capability (including a suitable connection to the Internet). We accept no responsibility or liability for any failure of your system to meet the technical requirements of our Resources.
25.1 You agree that you are responsible for your use of the Resources, and you agree to defend, indemnify, and hold harmless Wargaming and its affiliates, and their officers, directors, employees, consultants, and agents (collectively, the “Wargaming Entities“) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal fees and costs, arising out of or in any way connected with (i) your misuse of, or unlawful or negligent acts or omissions in relation to, access to or use of, or alleged use of the Resources; (ii) your violation of this EULA or any representation, warranty, or agreements by you referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your UGC; (v) your Submissions; (vi) your use of a Third Party service; (vii) any misrepresentation by you or (viii) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defence of such claim. You will not in any event settle any claim without our prior written consent. This provision does not require you to indemnify us for any unconscionable or unlawful acts or omissions or commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Resources. This indemnity does not limit and is subject to any Non-Excludable Rights.
26. Governing (Applicable) Law and Jurisdiction
26.1 This EULA and any dispute, claim or obligation (whether contractual or non-contractual) arising out of or in connection with it or its subject matter or formation shall be governed by the laws of Australia, unless otherwise required by a law of the country where the user has his habitual residence that is unable to be excluded by agreement.
26.2 We and you submit all the aforementioned disputes to the jurisdiction of the courts of the country whose laws are applicable subject to subsection 26.1.
27. Dispute Resolution and Arbitration
27.1 Generally. You and Wargaming agree that any and all disputes or differences whatsoever arising in connection with this EULA shall be submitted to binding arbitration in accordance with this section 27. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of this EULA, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of this EULA. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS EULA, YOU AND WARGAMING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.
27.2 Exceptions. Notwithstanding subsection 27.1, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable government agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
27.3 Arbitrator. Any arbitration between you and Wargaming will be governed by the Resolution Institute Arbitration Rules (“Arbitration Rules”) of the Resolution Institute, as modified by this EULA. The Arbitration Rules are available online at www.resolution.institute, by calling the Resolution Institute on 1800 651 650 (Australia) or 0800 453 237 (New Zealand), or by contacting Wargaming.
27.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail (signature required), or in the event that we do not have a physical address on file for you, we may send the notice by electronic mail (“Notice“). Wargaming’s address for Notice is: Wargaming Group Limited, 105 Agion Omologiton Avenue, Nicosia 1080, Cyprus. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand“). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Wargaming may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Wargaming shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
27.5 Hearing. The location for any arbitration hearing will be decided by the Arbitrator in accordance with the Arbitration Rules. If the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing.
27.6 No Consolidated Actions. Unless both you and Wargaming agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
27.7 Amendments to this section. In the event that Wargaming makes any future change to this section 27 “Dispute Resolution and Arbitration” (other than a change to Wargaming’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Wargaming’s address for Notice, in which case your account with Wargaming shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive. In case of such termination, you are entitled to a refund according to subsection 16.2 “Suspension and Closure of Your Account / Termination of this EULA”.
27.8 Enforceability. If subsection 27.1 is found to be unenforceable or if the entirety of this section 27 is found to be unenforceable, then the entirety of this section 27 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in section 26 shall govern any action arising out of or in connection with this EULA.
28. Copyright and Trade Mark Notices
“World of Tanks”, “World of Warplanes”, “World of Warships”, “World of Tanks Blitz”, “Wargaming.net” and “Wargaming” and their respective logos are trademarks or registered trade marks of Wargaming. You may not use or display such trademarks in any manner, except as expressly set out in this EULA. All third party trademarks and service marks that appear in the Games are the property of their respective owners and all rights in them are reserved.
Total War: Arena is developed by Creative Assembly. Creative Assembly, the Creative Assembly logo, Total War, Total War: Arena and the Total War logo are either registered trademarks or trademarks of The Creative Assembly Limited. SEGA and the SEGA logo are either registered trademarks or trademarks of SEGA Holdings Co., Ltd. or its affiliates. SEGA is registered in the U.S. Patent and Trademark Office. All other trademarks, logos and copyrights are property of their respective owners.
29. UCT Qualification
29.1 Rights or discretions in this EULA that are expressed to be subject to the “UCT Qualification” are to be read as limiting the conferral and exercise of the power to the extent that it is reasonably necessary to protect our legitimate interests or is otherwise required or permitted by law.
29.2 Provisions subject to the UCT Qualification are: our rights to change this EULA under section 4; to refuse or cancel a purchase or subscription under section 7.4; to block access to your account or Content under sections 7.4, 8.4(c), 9.5(g) and 10.1(g); to close your account and terminate this EULA under section 16.7; and to change or cease to provide Resources under section 18.3.
29.3 We are not obliged to enter into any correspondence or provide any explanation or evidence concerning any application of or interpretation of the UCT Qualification.
29.4 The UCT Qualification does not apply to the interpretation and application of any section that is not expressed to be subject to it.
30.1 Relationship. The EULA governs our relationship with you. It does not create any rights for any other person, unless otherwise expressly stated in this EULA.
30.2 Consent or Approval. No consent or approval of Wargaming may be deemed to have been granted by Wargaming without being in writing and signed by an officer of Wargaming.
30.3 Severability. If any provision of this EULA, or any applicable Rules, is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from this EULA or the Rules, and the invalidity of the provision will not affect the validity or enforceability of the remainder of this EULA or the Rules.
30.4 Interpretation. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter, subject to any Non-Excludable Rights.
30.5 Summaries and Heading. Any summaries of provisions and section headings are provided for convenience only and shall not limit the EULA.
30.6 Assignment. Wargaming may assign its rights and obligations under this EULA and any applicable Rules, in whole or in part, to any party at any time without any notice. This EULA and any applicable Rules may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Wargaming.
30.7 Complete Agreement. This EULA, and any applicable Rules, reflect our complete agreement regarding the Resources and supersede any prior agreements, or collateral agreements, or implied terms, representations, warranties, assurances or discussion related to the Resources, subject to any Non-Excludable Rights.
30.8 No Waiver. Except as expressly set forth in this EULA or any applicable Rules, (i) no failure or delay by you or Wargaming in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of this EULA or any applicable Rules will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
30.9 Investigations; Cooperation with Law Enforcement. Wargaming reserves the right to investigate and prosecute any suspected breaches of this EULA or the Resources. Wargaming may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
30.10 Inclusive terms. The words ‘include’, ‘including’ and similar words must be read as if followed by the words ‘without limitation’.
31. Contact Us