GENERAL TERMS AND CONDITIONS
Please read this End User License Agreement (EULA) carefully. This EULA outlines the terms and conditions for using video games, applications, software, related improvements, overlays, upgrades, and associated services (referred to as the "Product", "Game") provided now and in the future by SUPER PICKLE GAMES sp. z o.o., along with its subsidiaries and affiliates.
This EULA specifies the conditions under which SUPER PICKLE GAMES offers the Products to you and the rules for using these Products. SUPER PICKLE GAMES Privacy Policy ("Privacy Policy"), accessible at https://superpicklegames.com/privacy-policy/, is an integral part of this EULA. By installing or using a Product, you acknowledge and agree to abide by (1) this EULA and (2) the Privacy Policy at all times. If you do not agree with the terms outlined in either of these documents, please refrain from installing or using the Product.In case of any conflicts between the provisions of this Agreement and the Terms of Use, the Terms of Use will take precedence.SUPER PICKLE GAMES retains the right to amend, modify, add, or remove items from this EULA at any time.Any capitalized terms used in this EULA without definition can be found in the Terms of Use, where their meanings are specified.IMPORTANT NOTICE: This agreement includes a mandatory arbitration provision and a class action waiver outlined in the following sections. This agreement impacts your rights concerning any disagreements between you and SUPER PICKLE GAMES, and it may require you to resolve disputes through binding individual arbitration rather than in a courtroom. Please thoroughly read and review the entire agreement before you install or use any SUPER PICKLE GAMES games or products. If you do not agree to all the terms in this agreement, you should refrain from installing or accessing the platform.You must confirm that you are of the legal adult age, as defined by the laws of your country and state of residence. If you are below this legal age, your parent or legal guardian must provide consent to this Agreement on your behalf. By installing or using SUPER PICKLE GAMES online games, you are indicating that your parent or legal guardian has granted their consent to this Agreement.
LICENSE ENTITLEMENT
SUPER PICKLE GAMES (or its licensors) grants you a personal, non-transferable, non-commercial, and non-exclusive license (referred to as the "License") to install and use the Product, either in its entirety or in part. This license remains valid until it is terminated by you or by SUPER PICKLE GAMES as outlined in this End User License Agreement (EULA). You are prohibited from using the Product or this License for commercial purposes without obtaining the necessary license from SUPER PICKLE GAMES. It's important to note that this Product is provided to you under a license and is not sold to you. In some cases, certain aspects of the Product may utilize features owned by third parties. These features may be managed by third-party vendors and could be subject to additional terms, conditions, and possibly additional costs. It is your responsibility to adhere to these supplementary terms and conditions. For example, if the Product includes a VoIP application, you should follow the terms and conditions of the relevant wireless data service agreement when using the Product. We strongly advise you to carefully review any additional terms, conditions, and costs that apply.You may not, directly or indirectly (i) sell, rent, lease, license, distribute, market, or use the Product or its components for commercial purposes, (ii) reverse engineer, decompile, disassemble, adapt, duplicate, or create derivative works based on the Product (except where the Product enables you, through special features, to create, generate or upload User Generated Content, using the Account you have created and in accordance with the Terms of Use), in whole or in part; (iii) create, use and/or distribute "auto", "trainer", "script" and "macro" computer programs or other types of applications or software for cheating or hacking in relation to this Product (in a multiplayer game on a network or a single-player game over the Internet or on a local network); (iv) remove, alter, disable or circumvent copyrights and trademarks or other author and origin information, notes or labels on or within the Product (v) export or re-export this Product or any copies of adaptations in violation of applicable laws.When using the Product, you agree to comply with all applicable laws and rules. You also agree to comply with certain rules of conduct that govern your use of the Product (the "Rules of Conduct"), which are not exhaustive and may be changed at any time by SUPER PICKLE GAMES. In all cases, the User may use the Product in accordance with the intended purpose of the Product.For example, but without limiting SUPER PICKLE GAMES rights to take action against you, you may not:
A. create, use, share and/or publish in any way related to the Product any material (text, words, images, sounds, videos, etc.) that would violate your duty of confidentiality, intellectual property rights or personal right to privacy or incite you to commit an illegal act (in particular, piracy, cracking or distribution of illegal software);
B. modify, interfere with, disrupt, block, overload, interrupt, slow down, and/or impede the normal operation of all or part of the Product, impede the availability of the Product to other users or the operation of the Product's partner networks, or attempt to perform any of the foregoing;
C. transmit or spread viruses, Trojan horses, worms, logic bombs, infected files, and/or similar destructive elements or corrupted data with respect to the Product, and/or organize, participate or engage in any way in attacks on SUPER PICKLE GAMES servers and/or the servers of its service providers and partners;
D. create, provide or use alternative methods of using the Products, such as server emulators;
E. spam chat rooms for personal or commercial purposes, by disrupting the flow of conversation with repeated comments of a similar nature;
F. upload or transmit any material or content that, in SUPER PICKLE GAMES sole discretion, is offensive, including, but not limited to, harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, pornographic, racist, or otherwise unacceptable speech;
G. oppress or threaten other users of the Product;
H. misuse the help services or claim buttons or send false reports to SUPER PICKLE GAMES employees;
I. impersonate employees or representatives of SUPER PICKLE GAMES or its partners and/or agents;
J. make unreasonable claims in connection with the Product or SUPER PICKLE GAMES.
INTELLECTUAL PROPERTY RIGHTS
SUPER PICKLE GAMES and its licensors retain full ownership, rights, and intellectual property rights concerning the Product and its contents. This includes all components of the Product, such as text, graphics, music, sound, information, characters, names, storylines, objects, scenes, costumes, effects, dialogue, slogans, locations, charts, concepts, choreography, audiovisual effects, domain names, and more, whether individually or in combination. These rights are protected by national and international intellectual property laws, conventions, and other regulations.Any reproduction or representation of licensed materials for any purpose is strictly prohibited without prior consent from SUPER PICKLE GAMES and, where applicable, the consent of SUPER PICKLE GAMES licensors and agents. Except for the specific permissions granted in this EULA, all other rights are exclusively retained by SUPER PICKLE GAMES.
It's essential to understand that this License does not provide any ownership rights or titles to the Product and should not be interpreted as a sale of any rights associated with the Product.
CONSENT TO MONITORING
While using the Product, the Product may actively monitor the random access memory (RAM) of the User's computer for any unauthorized third-party programs. In the event that the Product detects such an unauthorized third-party program, it may relay this information to SUPER PICKLE GAMES. This information may include the User's Account name, Internet Protocol (IP) address, details about the detected unauthorized third-party program, and the date and time it was identified. Additionally, technical specifications of the User's computer and its operation may be included. This action may be taken with or without prior notice to the User. If an unauthorized third-party program is detected, SUPER PICKLE GAMES reserves the right to terminate this License and the User's access to the Product, and this may occur with or without additional notice to the User.However, it's important to note that SUPER PICKLE GAMES is not accountable for nor does it endorse the opinions, advice, or recommendations that Users post or send within the Product, including during player interactions. The User is solely responsible for their communications in such contexts.User agrees that data may be collected for analytics and product development purposes, such as: internet or other electronic network activity information, demographic information / classification characteristics, commercial information, geo-location data, audio, video and other electronic data, profiles and inferences etc. SUPER PICKLE GAMES employs third-party analytical tools to gather data about Users' gaming behaviors and how they interact with the Product. The information collected may encompass various details, including but not limited to: the unique UID assigned to your mobile device or other identifiers, carrier name, operating system, location information, timestamps of Product usage, game scores, game metrics, feature usage, advertising revenue share, earnings history, and related data.Additionally, SUPER PICKLE GAMES utilizes third-party ad delivery technologies that may gather information when displaying ads within the Product. These ads may periodically appear while you use the Product. Data collected for targeted advertising may include, but is not limited to: age, gender, frequency of ad displays, the unique UID assigned to your mobile device or other device identifiers, information about your Product usage, Compatible Mobile Terminal, and other websites visited by you, including third-party sites and wireless network sites. This data collection also includes details such as when and where the ads were displayed and how you responded to them (if applicable).To collect this information, analytics tools and ad delivery technologies may employ various technologies, including server log files, network beacons, cookies, tracking pixels, and similar methods. They may also combine data collected from the Product with information gathered from other SUPER PICKLE GAMES products and services, as well as third-party websites, mobile products, demographic studies, advertising data, market surveys, and other research. It's important to note that this information, by itself, is not considered personal data. However, if SUPER PICKLE GAMES associates it with personal information, it will be treated as personal data in accordance with SUPER PICKLE GAMES Privacy Policy.We do not share your personal data to any third party outside of SUPER PICKLE GAMES unless we have obtained your consent or have a valid legal reason to do so. Your personal information may be shared with the following types of recipients, including our affiliated companies within our group: our group companies, third-party service providers and partners, competent law enforcement body, regulatory, government agency, court or other third parties, actual or potential buyer, to any other person with your consent to the disclosure.
ACCESS TO THE PRODUCT
To use the Product on a Compatible Device, may need access to an electronic communications network. Costs associated with this connection, such as those imposed by mobile service providers or carriers, internet providers, are the sole responsibility of the User. It's important to understand that the quality of the Products, response times, or the availability of specific features may be influenced by the specifications of your Compatible Device and the electronic communications network you use. SUPER PICKLE GAMES is not liable for any decrease in your overall user experience. Please be aware that it may not be feasible to use the Product on certain types of personal computers, notebooks, mobile devices or through specific carriers and network service providers. SUPER PICKLE GAMES is not responsible for the lack of access to the product or game errors caused by game sales platforms maintenance such as Steam, Epic Games Store or others on which SUPER PICKLE GAMES products were sold and for some reason are unavailable.
A LIMITED WARRANTY ON A PRODUCT PURCHASED IN THE FORM OF DATA CARRIER
SUPER PICKLE GAMES products providers are mostly online platforms and SUPER PICKLE GAMES does not guarantee that the physical media holding the Product will be original and free of material and workmanship defects. If you discover a defect in the physical media, SUPER PICKLE GAMES may, at its own discretion, take one of the following actions: correct the defect, replace the product, substitute a similar product. However SUPER PICKLE GAMES may work with external company dealing with products distribution and customers relations matters, then the warranty policy is consistent with the rules of the individual supplier or distributor of the product. SUPER PICKLE GAMES is then excluded from liability for any defects in this product.
WARRANTY DISCLAIMER
You explicitly acknowledge that your use of the Product is entirely at your own risk. To the maximum extent permitted by applicable law, the Product is provided "as is" and "as available." SUPER PICKLE GAMES, its licensors, network partners, and affiliated service providers disclaim all warranties, whether express or implied, statutory or otherwise, including but not limited to:
A. Compatibility, accuracy, timeliness, completeness, reliability, and security.
B. Fitness of the Product for a particular purpose.
C. Implied warranties of title and non-infringement.
D. The merchantability of the Product.
E. Your satisfaction.
Additionally, SUPER PICKLE GAMES does not guarantee that the Product will be free from interruptions or errors, that errors will be corrected, or that the Product will be free of viruses or other harmful components. You are responsible for selecting the Product for your specific needs, as well as for its installation, use, and the results obtained from it. To the fullest extent permitted by applicable law, SUPER PICKLE GAMES, its licensors, network partners, or affiliated service providers shall not be liable for any loss or damage arising from the use of the Product or any related third-party services. This includes, but is not limited to:
A. Any type of loss, whether resulting from tort (including negligence or breach of statutory duty), breach of contract, or misrepresentation (whether inadvertent or negligent).
B. Direct loss.
C. Incidental loss.
D. Consequential loss.
E. Special loss.
F. Indirect loss.
Notwithstanding the previously mentioned limitations on liability, your sole recourse in the event of a dispute with SUPER PICKLE GAMES or its licensors, network partners, or affiliated service providers is to cease using the Product and, if applicable, seek compensation for your losses. In cases where you have purchased a Product for use on a Compatible Mobile Terminal that does not meet applicable legal warranties, SUPER PICKLE GAMES' liability is limited to reimbursing you (either directly or through its network partners or affiliated service providers) for the purchase price of the Product. Under no circumstances shall SUPER PICKLE GAMES, its licensors, network partners, or affiliated service providers be liable for losses exceeding the price you paid to SUPER PICKLE GAMES for the Product during the twelve (12) months prior to the dispute.
DISPUTE RESOLUTION
Please pay close attention to this section as it could have a significant impact on your rights, including your ability to initiate a lawsuit in court or participate in claims on behalf of a SUPER PICKLE GAMES.Applicability of this Dispute Resolution Policy: This binding individual arbitration section will not be enforced if it is prohibited by the laws of your country of residence. In the United States, this Agreement is governed by the Federal Arbitration Act and federal arbitration law. To the fullest extent permitted by applicable law, both you and SUPER PICKLE GAMES agree to resolve all Disputes between us through individual, binding arbitration. A "Dispute" refers to any disagreement, claim, or controversy (except for those specifically exempted below) between you and SUPER PICKLE GAMES that arises from or is in any way connected to any aspect of our relationship. This includes, but is not limited to, your use or attempted use of the Platform, the Games, associated marketing, your Account, any licensed content, and all matters related to or arising from this Agreement, SUPER PICKLE GAMES Privacy Policy, or any other agreement between you and SUPER PICKLE GAMES. This applies irrespective of whether the Dispute is rooted in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. This covers claims that arose before you entered into this Agreement. Please note that arbitration does not involve a judge or jury, and the scope of court review for an arbitration award is limited.Many issues are efficiently resolved to the satisfaction of our customers using this approach. To expedite resolution and minimize the expenses associated with any Dispute between you and SUPER PICKLE GAMES, both parties commit to initially trying to resolve any Dispute informally. Before either party commences any arbitration or court proceeding, there must be an attempt at informal negotiation for a minimum of thirty (30) days. This negotiation period starts upon the receipt of written notice from the party initiating the Dispute.If a Dispute cannot be resolved through negotiations, either you or SUPER PICKLE GAMES may choose to have the Dispute ultimately and exclusively settled through binding arbitration, unless an exception, as explained below, applies. Except in the case of Mass Arbitration (as defined below), the arbitration process will be managed by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the "JAMS Rules") effective from the date of the Notice of Dispute.If a lawsuit filed in court includes claims or requests for relief that are subject to arbitration, as well as claims or requests for relief that are not, both you and SUPER PICKLE GAMES agree that any claims or requests for relief that are not subject to arbitration will be put on hold until the arbitration of the claims or requests for relief subject to arbitration is completed.To the maximum extent permitted by applicable law, both you and SUPER PICKLE GAMES agree that each party may only bring disputes against the other party as individuals and not as part of a class action, collective action, or class arbitration, nor as a private attorney general. In cases where applicable law does not allow the waiver of private attorney general claims but permits them to be resolved through arbitration, such claims will be settled in arbitration. The arbitrator will have the authority to provide any remedy that would be available in a court under law or in equity.
Notwithstanding the parties’ decision to have arbitrations administered by JAMS, if 20 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law, you and we agree that this will constitute a "Mass Arbitration." If a Mass Arbitration is commenced, you and we agree that it shall not be governed by JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by FedArb, a nationally recognized arbitration provider, and governed by the FedArb Rules in effect when the Mass Arbitration is filed, excluding any rules that permit arbitration on a class-wide basis (the "FedArb Rules"), and under the rules set forth in this Agreement. You and we agree that the Mass Arbitration shall be resolved using FedArb’s Framework for Mass Arbitration Proceedings ADR-MDL. Before any Mass Arbitration is filed with FedArb, you and we agree to contact FedArb jointly to advise that the parties intend to use FedArb’s Framework for Mass Arbitration Proceedings ADR-MDL.However both you and SUPER PICKLE GAMES acknowledge that each party may only pursue claims against the other individually and not as a plaintiff or participant in any alleged class or representative action or proceeding. Unless both you and SUPER PICKLE GAMES mutually agree otherwise, the arbitrator is not authorized to combine or join the claims of more than one individual or party, and cannot oversee any form of consolidated, representative, or class proceeding. Furthermore, the arbitrator may grant remedies (including monetary, injunctive, and declaratory relief) solely in favor of the individual party seeking such relief, and only to the extent required to address that party's individual claim(s).You and SUPER PICKLE GAMES concur that any dispute, claim, or controversy that has undergone arbitration, along with all associated proceedings, including any settlement agreement, must remain confidential. Nevertheless, the party that prevails in any arbitration has the right to submit the arbitration Award to a court of competent jurisdiction for the purpose of obtaining confirmation of that Award through a court order or judgment.
COMPENSATION
You are solely accountable for any damages incurred by SUPER PICKLE GAMES, its licensors, network partners, affiliated service providers, subcontractors, other Product users, or any individual or entity, as a consequence of your violation of this EULA.You hereby consent to indemnify and protect SUPER PICKLE GAMES, its affiliates, licensors, network partners, affiliated service providers, and their subcontractors from any actual or potential lawsuits, liabilities, damages, and associated costs (including legal fees). These arise directly or indirectly from either (a) your violation of any part of this EULA or (b) your use, including any misuse, of the Product. SUPER PICKLE GAMES retains the right, at its own expense, to take sole charge of defending any legal claims that you have committed to indemnifying SUPER PICKLE GAMES against. The provisions in this Section will remain in effect even after the termination of this EULA.
EULA TERMINATION
This End User License Agreement (EULA) becomes effective from the date of your purchase, download, or use of the Product, whichever occurs first. It remains in effect until terminated in accordance with the specified terms. Both you and SUPER PICKLE GAMES (and/or its licensors) have the right to terminate this EULA at any time and for any reason.If SUPER PICKLE GAMES initiates the termination, it will become effective either upon (a) providing notice to you, (b) termination of your SUPER PICKLE GAMES Account (if one exists), or (c) SUPER PICKLE GAMES decision to remove the Product from its offerings and/or cease support for the Product. This EULA will be automatically terminated if you fail to adhere to the terms and conditions outlined herein. Upon termination, regardless of the reason or the party, you are required to promptly uninstall the Product and remove all copies of it from your possession.
CHANGES TO THIS AGREEMENT AND THE PRODUCT
SUPER PICKLE GAMES retains the discretion to make changes, updates, modifications, additions, or removals to specific provisions of this EULA at its sole discretion. Such alterations will become effective with prior notice to the User or, where applicable, without such notice. The User can access the most up-to-date version of the EULA by visiting the "EULA" link on the Product. It's advisable for the User to regularly check the EULA for updates. In the event that you do not agree with future changes to this Agreement, or if these changes prevent you from complying with the Agreement, you have the option to terminate this Agreement under EULA TERMINATION section. In such cases, you should promptly uninstall the Product and remove all copies of it. Your continued use of the Product following any modifications to this Agreement signifies your full and irrevocable acceptance of these modifications.SUPER PICKLE GAMES has the authority to modify the Product at its sole discretion, with or without specifying a reason. These modifications can occur at any time, particularly for technical purposes such as updates, maintenance, or improvements to enhance the Product's performance. You acknowledge that the Product may automatically install or download these modifications.It's important to understand that SUPER PICKLE GAMES may discontinue support for earlier versions of the Product once a new version becomes available. Please note that SUPER PICKLE GAMES network partners and affiliated service providers are not obliged to provide customer service or support for the Product.Additionally, SUPER PICKLE GAMES reserves the right to revise the Rules of Conduct outlined in Section LICENSE ENTITLEMENT and impose restrictions on the usage of the Product.
A. You explicitly acknowledge that the exclusive jurisdiction for any complaint or dispute with SUPER PICKLE GAMES, or any matter related to your Account or your use of the Services, lies with the courts in Warsaw, Poland. You willingly and voluntarily consent to the exercise of territorial jurisdiction by the Polish courts regarding any such dispute, including any complaints involving SUPER PICKLE GAMES, its subsidiaries, subcontractors, suppliers, and content providers.
B. The absence of SUPER PICKLE GAMES (or its licensors) taking action or asserting any right or remedy outlined in this EULA or allowed by law, or a delay in doing so, should not be interpreted as a waiver of that right or provision. The act of waiving or partially utilizing a specific right or remedy should not hinder or restrict the exercise or assertion of that particular right or remedy or any others in the future. For a waiver of a specific right or remedy to be considered effective, it must be documented in writing and signed by SUPER PICKLE GAMES or by the User.
C. If a court or competent authority determines, in its discretion, that any part of this EULA is invalid, superfluous, or unenforceable, that specific provision or portion thereof shall, to the extent applicable, be considered as removed, and the remaining provisions of this EULA will remain unaffected and remain in full force and effect. If any part of this EULA, initially found to be redundant, unenforceable, or invalid, is later deemed necessary, valid, and enforceable after removing a portion of it, then it will be applied with necessary modifications to the minimum extent required to make it necessary, valid, and enforceable while reflecting SUPER PICKLE GAMES original intent.
D. SUPER PICKLE GAMES may organize tournaments for fans using its games. Tournaments conducted by SUPER PICKLE GAMES will follow the tournament rules published in SUPER PICKLE GAMES channels such as website or social media channels. Each participant is required to read the rules of the tournament, and his entry into the tournament means that he has read the rules. The organizer is not obliged to check the participants' knowledge of the rules, while no participant is entitled to enter the tournament without reading the rules. If a participant does not have access to the rules and has not familiarized himself/herself with the rules, he/she cannot enter the tournament. SUPER PICKLE GAMES is not responsible for any losses incurred in tournaments.
E. The Product is subject to all export restrictions. You are required to adhere to all import and export restrictions and regulations that pertain to the Product or its usage as stipulated by the relevant agencies or authorities in the United States. The Product may not be re-exported, downloaded, or otherwise exported or installed by individuals who are citizens or residents of a country subject to a U.S. embargo, or by any person listed on the U.S. Treasury Department's Specially Designated Nationals list or the U.S. Commerce Department's Table of Denial Orders. By agreeing to this, you confirm and verify that you are not situated in, under the control of, or a citizen or resident of any such country, and that you are not listed on the aforementioned lists.
F. If you have any questions regarding this EULA, please contact SUPER PICKLE GAMES at the following address: contact@superpicklegames.com