1. Your Agreement with PlayFab
1.1. Your use of the PlayFab Services is governed by these Terms of Service (the “Terms”). “PlayFab” means PlayFab, Inc., located at 217 Pine St., Suite 1000, Seattle 98101, United States, and its subsidiaries or affiliates. The “PlayFab Services” means the services PlayFab makes available through https://playfab.com, any sub-pages and any other website designated by PlayFab (collectively, the “Website”), the PlayFab cloud infrastructure, the PlayFab API, the PlayFab Tools, and any other software or services offered by PlayFab in connection to any of those.
1.2. In order to use the PlayFab Services, you must first agree to the Terms. You understand and agree that your use of the PlayFab Services will serve as your acceptance of the Terms from that point onwards.
1.3. You may not use the PlayFab Services if you are a person barred from receiving the PlayFab Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the PlayFab Services. You affirm that you are 13 years old or over, as the PlayFab Services may not be used by children under 13. You further affirm that the Terms have been duly and validly agreed upon and delivered by you and constitute your legal and binding obligation, enforceable against you in accordance with its terms, and that you have all necessary power and authority to agree to and perform in accordance with the Terms.
1.4. You agree your purchases of PlayFab Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by PlayFab regarding future functionality or features.
2. Your Account and Use of the PlayFab Services
2.1. You must provide accurate and complete registration information any time you register to use the PlayFab Services. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify PlayFab immediately. Your account will allow you to access and use the PlayFab Services in connection with any game (and any related source code) written, published, or otherwise distributed by you (your “Game”).
2.2. Your agreement to and performance under the Terms will not conflict with or violate any provision of law, rule or regulation to which you are subject, or any agreement or other obligation directly or indirectly applicable to you. Your use of the PlayFab Services must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software, and will avoid deceptive, misleading or unethical trade practices (which includes making deceptive or misleading representations, warranties or guarantees to End Users with respect to the specifications, features or capabilities of your Games.
2.3. You agree not to (a) access (or attempt to access) the administrative interface of the PlayFab Services by any means other than through the web interface or API that is provided by PlayFab in connection with the PlayFab Services, unless you have been specifically allowed to do so in a separate agreement with PlayFab, or (b) engage in any activity that interferes with or disrupts the PlayFab Services (or the servers and networks which are connected to the PlayFab Service).
2.4. Your account has usage limits, as further explained at https://playfab.com/pricing (or such URL as PlayFab may provide). PlayFab reserves the right to enforce these usage limits in its sole discretion, which may result in PlayFab denying service to you or the end users that play your Game (“End Users”). Repeated exceeding of the usage limits may lead to termination of your account.
2.5. You may use the PlayFab Services only to develop and run Games that use the PlayFab Services. In particular, you may not access the PlayFab Services for the purpose of bringing an intellectual property infringement claim against PlayFab or for the purpose of creating a product or service competitive with the PlayFab Services.
2.6. You agree to include a PlayFab logo in a prominent location in your Game, such as on the splash screen of your Game, and also include our copyright and credit notice as is, without modification, on any “help” or “credit” screens. More details are provided in https://playfab.com/style-guide (or such other URL as PlayFab may provide), which by this reference is incorporated into the Terms.
3. Service Policies and Privacy
3.1. You agree to comply with the PlayFab Acceptable Use Policy available at https://playfab.com/acceptable-use (the “Acceptable Use Policy”) which is incorporated herein by this reference and which may be updated from time to time.
3.3. You agree that you will protect the privacy and legal rights of the End Users of your Game. You must provide legally adequate privacy notice and protection for End Users, provided that your privacy policies may not be more stringent than those of PlayFab and may not conflict with those of PlayFab. If End Users provide you with user names, passwords, or other login information or personal information, you must make the End Users aware that the information will be available to your Game and to PlayFab.
4. Fees for Use of the PlayFab Services
4.1. Subject to the Terms, you may sign up for the PlayFab Essentials Tier Services, which PlayFab will provide to you without charge up to certain limits. PlayFab may offer you the ability to use additional resources and services for a trial period. Usage of additional resources and services beyond the trial period, or usage of the PlayFab Essentials Tier Services over the designated limits, will require your purchase of additional resources or services via an appropriate paid Tier plan. The PlayFab Essentials Tier Services limits, and the pricing for additional resources and services, can be found at https://playfab.com/pricing (or such other URL as PlayFab may provide).
4.2. For all purchased resources and services, all fees will be billed in advance on a monthly basis (or at the interval indicated in PlayFab’s fees and payment policies, if different) and are due at the time of invoice. You must provide PlayFab with a credit card, and PlayFab will automatically charge your credit card based on the paid Tier plan you have selected on the due date unless you have raised a good faith objection prior to the due date. At PlayFab’s sole discretion, PlayFab may also agree with you to accept your payments via wire transfer, automated clearinghouse or PayPal. Late payments will bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. You are responsible for paying all taxes and government charges, and all costs and expenses (including attorneys’ fees) PlayFab incurs collecting late amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on PlayFab’s measurements of your use of the PlayFab Services, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of PlayFab and only in the form of credit for the PlayFab Services. Nothing in these Terms obligates PlayFab to extend credit to any party. You acknowledge and agree that any credit card and other billing and payment information that you provide to PlayFab may be shared by PlayFab with companies who work on PlayFab’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to PlayFab and servicing your account. PlayFab may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. PlayFab shall not be liable for any use or disclosure of such information by such third parties.
4.3. PlayFab may change its fees and payment policies for the PlayFab Services at any time, but in the event of a fee increase, PlayFab will honor the previous pricing policy for you for at least thirty (30) days after notifying you of the fee increase. Changes to the fees or payment policies will be posted on the Website (or such other URL as PlayFab may provide from time to time). Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.
4.4. PlayFab reserves the right to suspend or terminate the provision of the PlayFab Services to you for non-payment or late payment of amounts due to PlayFab. PlayFab will provide you with thirty (30) days to cure the applicable non-payment or late payment before PlayFab suspends or terminates your use of the PlayFab Services.
4.5. You may not develop multiple Games to simulate or act as a single Game, develop Games under multiple unlinked accounts, or otherwise access the PlayFab Services in a manner intended to avoid incurring fees.
4.6. The PlayFab Essentials Tier Service is provided on an as-is basis and is intended for lightweight, low-volume usage of the PlayFab Services. The PlayFab Essentials Tier Service does not provide access to the full set of PlayFab features, resources and services. PlayFab does not provide any service level agreements or developer support for the PlayFab Essentials Tier Service, other than PlayFab's forum discussions. Permissable uses of the PlayFab Essentials Tier Service include the development and launch of games by independent game studios and trial/evaluation usage by professional game studios and publishers. You will not be permitted to use the PlayFab Essentials Tier Service for any Game if any of your other Games, or any Games of any of your affiliates, are serviced by PlayFab under a paid Tier plan, without PlayFab’s express permission. If your Games misuse the PlayFab Essential Tier Services, requiring intervention from PlayFab, PlayFab will work with you to quarantine the Game(s) to a high-risk server instance, address the misuse and/or to migrate your Games to an appropriate paid Tier plan for enhanced support. Notwithstanding the above, PlayFab reserves the right to terminate your use of the PlayFab Essentials Tier Service at any time for any reason.
5. User Generated Content on the PlayFab Services and Take Down Obligations
5.1. You understand that all End User generated information (such as End User information, data files, written text, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of, or through your use of, the PlayFab Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content.” The term Content shall specifically exclude your Game.
5.2. PlayFab reserves the right (but shall have no obligation) to immediately remove any or all Content and Games from the PlayFab Services should PlayFab reasonably determine that such Content or Games violate the Acceptable Use Policy or otherwise pose a threat to the PlayFab Services or system. You agree to immediately take down any Content and/or Games that violates the Acceptable Use Policy, including pursuant to a takedown request from PlayFab. In the event that you become aware of any violation of the Acceptable Use Policy by an End User of Games, you shall immediately terminate such End User’s account on your Game. When reasonably practicable, PlayFab will provide you with fifteen (15) days to cure the violation or suspected violation of the Acceptable Use Policy prior to disabling a Game or Content in response to a violation or suspected violation of the Acceptable Use Policy. A cure period may not be provided for any violation of law or any violation of a third party's intellectual property rights.
5.3. You agree that you are solely responsible for (and that PlayFab has no responsibility to you or to any third party for) the Game or any Content that you create, transmit or display while using the PlayFab Services and for the consequences of your actions (including any loss or damage which PlayFab may suffer) by doing so.
5.4. You agree that PlayFab has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the PlayFab Services.
6.Proprietary Rights and Confidentiality Obligations
6.1. You acknowledge and agree that PlayFab (or PlayFab’s licensors) own all legal right, title and interest in and to the PlayFab Services, including any intellectual property rights which subsist in the PlayFab Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
6.2. Except as provided in Section 8, PlayFab acknowledges and agrees that it obtains no right, title or interest from you (or your licensors or End Users) under these Terms in or to any Content or Games that you create, submit, post, transmit or display on, or through, the PlayFab Services, including any intellectual property rights which subsist in that Content and the Game (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with PlayFab, you agree that you are responsible for protecting and enforcing those rights and that PlayFab has no obligation to do so on your behalf.
6.3. PlayFab may perform its own analysis against your Content and Game data for the purpose of improving and adding new features to the PlayFab Services. PlayFab will collect data from your End Users and your Games through your use of the PlayFab Services and may use such data for its internal business purposes and to analyze and improve the PlayFab Services. PlayFab may also develop, use, distribute and publish information and statistics derived from your Content and Game data for use on a masked, aggregate basis; provided, that no such information will contain statistics or other information that is specifically attributable to the overall performance of your Games. This particular use of your Content and Game data will not result in the distribution or publication of any personally identifiable information.
6.4 For purposes of the Terms, “Proprietary Information” means all information disclosed through any means of communication or by personal observation by or on behalf of the disclosing party to or for the benefit of the other party that relates to the disclosing party's products, projects, productions (including information regarding creators, authors, programmers, and other persons involved in such productions), research and development, intellectual property, trade secrets, technical know-how, policies or practices (and all creative, business and technical information relating thereto), and any other matter that the other party is advised or has reason to know is the confidential, trade secret or proprietary information of the disclosing party. You and PlayFab acknowledge that during and through your use of the PlayFab Services, each of the parties and their respective agents, employees, and representatives may obtain or have access to such Proprietary Information of the other, including, but not limited to, information relating to stored data, customer information, technical data, statistics, source code, programs, documentation and research. You and PlayFab agree that, other than as otherwise expressly permitted under Section 6 hereof, such Proprietary Information shall be maintained on a strictly confidential basis, will be used solely for PlayFab’s provision of the PlayFab Services and your utilization of such PlayFab Services, and will be disclosed only to those of the parties’ respective agents, employees and representatives who require such information for purposes of their performance hereunder, or as required by applicable law or regulation. Proprietary Information does not include data, materials or information that (a) was already known to the receiving party free of any restriction at the time it is obtained from the disclosing party; (b) is subsequently learned from an independent third party free of any restrictions and without breach of the Terms or any other agreements; (c) is or becomes publicly available through no wrongful act of the receiving party; or (d) is independently developed by the receiving party without reference to any Proprietary Information of the disclosing party.
7. License from PlayFab and Restrictions
7.1. To facilitate your use of the PlayFab Services, PlayFab may make available to you certain documentation, application programming interfaces (APIs), and sample source code (the “Licensed Materials”). Subject to your compliance with the Terms (including, without limitation, the payment obligations described in Section 4), PlayFab grants you a revocable, personal, worldwide, royalty-free, non-assignable, non-transferable and non-exclusive license to use the Licensed Materials made available to you by PlayFab as part of the PlayFab Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the PlayFab Services as provided by PlayFab, in the manner permitted by the Terms. Any other use of the Licensed Materials is prohibited.
7.2. You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the PlayFab Services, the Licensed Materials or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by PlayFab, in writing (e.g., through an open source software license); (b) attempt to disable or circumvent any security mechanisms used by the PlayFab Services or any Games running on the PlayFab Services; or (c) use the PlayFab Services in any way that may subject the PlayFab Services to any obligations under any open source software license, including, without limitation, any license which imposes any obligation or restriction with respect to PlayFab's patent or other intellectual property rights in the PlayFab Services.
7.3. Open source software licenses for components of the PlayFab Services released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with PlayFab for the use of the components of the PlayFab Services released under an open source license.
7.4. PlayFab grants you a revocable, personal, worldwide, royalty-free, non-assignable, non-transferable and non-exclusive license to use the PlayFab trade name and PlayFab logo for the sole purpose of advertising or publicizing your use of the PlayFab Services as required by Section 2.6 of the Terms, and provided that you follow the PlayFab branding guidelines, available at https://playfab.com/style-guide (or such other URL as PlayFab may provide).
8. License from You
8.1. PlayFab claims no ownership or control over any Content or Game that you originate. You retain copyright and any other rights you already hold in the Content and/or Game that you originate, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying your Content on or through the PlayFab Services, you hereby grant to PlayFab a worldwide, royalty-free, and non-exclusive right and license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling PlayFab to provide you with the PlayFab Services. Furthermore, by creating or making available a Game to be used in connection with the PlayFab Services, you hereby grant to PlayFab a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Game for the sole purpose of enabling PlayFab to provide you with the PlayFab Services.
8.2. By adding a collaborator to your Game, you hereby grant to that collaborator a non-exclusive, royalty-free, and non-transferable license, with no right to sub-license, to use, display, perform, reproduce, modify, publish, distribute, list information regarding, edit, translate and analyze such Game and Content as permitted by the relevant PlayFab Services functionality or features for the sole purpose of collaborating on development or operation of the Game.
8.3. You may choose to or PlayFab may invite you to submit comments or ideas about the PlayFab Services, including, without limitation, about how to improve the PlayFab Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place PlayFab under any fiduciary or other obligation, and that PlayFab and its successors and assigns are free to use the Idea without any additional compensation to you and to disclose the Idea on a non-confidential basis or otherwise to anyone.
8.4. You agree that PlayFab, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Website listings (including links to your website) for the purpose of advertising or publicizing your use of the PlayFab Services.
9.1. PlayFab may make available through the PlayFab Services additional features, functionality, and services offered by its third-party partners (“Add-ons”). Your use of Add-ons is subject to these Terms, to the applicable fees, and to your agreement to the third party partners’ license terms for those Add-ons, if any. You acknowledge for each Add-on you subscribe to or purchase through the PlayFab Services, these Terms constitute a binding agreement between you and the third party licensor of that Add-on (“the Add-on Provider”) only. The Add-on Provider of each Add-on is solely responsible for that Add-on, the content therein, and any claims that you or any other party may have relating to that Add-on or your use of that Add-on. You acknowledge that you are purchasing the license to each Add-on from the Add-on Provider of that Add-on; PlayFab is acting as agent for the Add-on Provider in providing each such Add-on to you; PlayFab is not a party to the license between you and the Add-on Provider with respect to that Add-on; and PlayFab is not responsible for that Add-on, the content therein, or any claims that you or any other party may have relating to that Add-on or your use of that Add-on. You acknowledge and agree that PlayFab is a third party beneficiary of the agreement between you and the Add-on Provider for each Add-on, and that PlayFab will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third party beneficiary thereof.
9.2. By subscribing to or purchasing an Add-on, you grant PlayFab permission to share your Game, Content, and user information with the Add-on Provider as necessary in order to provide you the Add-on.
9.3. The license granted to you to use any Add-on is personal to you, and is not sublicensable to any other party, including without limitation your End Users. You may not provide or resell Add-ons to others.
10. Modification and Termination of the PlayFab Services
10.1. PlayFab is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the PlayFab Services may change from time to time without prior notice to you, subject to the terms in Section 4.3. PlayFab intends to minimize changes to functionality or APIs that will negatively impact your Games. When making such changes, PlayFab will create a new version of the API and use its commercially reasonable efforts to continue to support the old version of the API for at least ninety (90) days. However, in the event of security issues, issues affecting system health or other exigent circumstances, PlayFab may terminate support for the old version of the API without advance notice. Changes to the form and nature of the PlayFab Services will be effective with respect to all versions of the PlayFab Services. Examples of changes to the form and nature of the PlayFab Services include, without limitation, changes to fee and payment policies, security patches, added functionality, and other enhancements.
10.2. You may terminate these Terms at any time by canceling your account on the PlayFab Services, unless you have a separate agreement or payment terms with PlayFab that do not permit you to terminate until the end of the stated term in such agreement or payment terms. In such case, your obligations under these Terms will continue until the end of the stated term in the agreement or payment terms. You will not receive any refunds if you cancel your account.
10.3. Subject to PlayFab’s right to terminate your account earlier for specific reasons, as provided elsewhere in these Terms, if you are on a paid Tier service, PlayFab reserves the right to terminate your account at any time, for any or no reason, by providing you with at least ninety (90) days' notice to allow you enough time to migrate your Games to an alternative system. You agree that PlayFab will not be liable to you or any third party with respect to any termination of your account or your access to the PlayFab Services.
10.4. You are solely responsible for exporting your Content and Games from the PlayFab Services prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Content and Games.
10.5. If PlayFab ceases to do business and discontinues providing any PlayFab Services, PlayFab will license to you the source code for the PlayFab Services then in use by your Games (each, an “Affected Game”) for a period of at least one (1) year on a limited, non-exclusive, non-transferable basis sufficient only to allow you to continue to operate your Affected Game while you migrate said Affected Game to an alternative system. The foregoing license will terminate immediately if (a) PlayFab or its successor makes available a service that is substantially similar to the discontinued PlayFab Services; (b) you use, or attempt to use, the source code in connection with a game other than an Affected Game; (c) you distribute or commercialize, or attempt to distribute or commercialize, the source code as a service independent or apart from any Affected Game; (d) you act, or attempt to act, as any form of service bureau for the source code; or (e) you breach any term of the Terms or any other agreement between you and PlayFab. PlayFab will not provide any updates, bug fixes, or other maintenance, support, or service with respect to any source code licensed under this section.
10.6. Upon any termination of the PlayFab Services or your account, these Terms will also terminate, but Sections 2.3, 6.1, 6.3, 7.2, 10, 11, 12, 13, 15.3 and 17 shall continue to be effective after these Terms are terminated.
11. EXCLUSION OF WARRANTIES
11.1. NOTHING IN THESE TERMS, INCLUDING SECTIONS 10 AND 13, SHALL EXCLUDE OR LIMIT PLAYFAB’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
11.2. EXCEPT AS OTHERWISE PROVIDED IN ANY WRITTEN SERVICE LEVEL AGREEMENT OR OTHER WRITTEN AGREEMENT BETWEEN THE PARTIES, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PLAYFAB SERVICES IS AT YOUR SOLE RISK AND THAT THE PLAYFAB SERVICES, AND ANY SUPPORT SERVICES PROVIDED, ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “AS MODIFIED FROM TIME TO TIME.”
11.3. EXCEPT AS OTHERWISE PROVIDED IN ANY WRITTEN SERVICE LEVEL AGREEMENT OR OTHER WRITTEN AGREEMENT BETWEEN THE PARTIES, PLAYFAB AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE PLAYFAB SERVICES AND ANY SUPPORT SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PLAYFAB AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE PLAYFAB SERVICES OR SUPPORT SERVICES PROVIDED WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE PLAYFAB SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE PLAYFAB SERVICES WILL BE ACCURATE.
12. LIMITATION OF LIABILITY
12.1. SUBJECT TO SECTION 11.1 ABOVE, AND EXCEPT IN CONNECTION WITH MISUSE OR UNAUTHORIZED DISCLOSURE BY PLAYFAB OF YOUR CONFIDENTIAL INFORMATION OR OF PERSONALLY IDENTIFIABLE INFORMATION OF YOUR END USERS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT PLAYFAB AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THE TOTAL LIABILITY OF PLAYFAB AND ITS LICENSORS TO YOU OR ANY THIRD PARTY ARISING OUT OF THESE TERMS OR YOUR USE OF THE PLAYFAB SERVICES OR ANY RELATED CONTENT WILL NOT EXCEED THE TOTAL FEES ACTUALLY PAID TO PLAYFAB BY YOU DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
12.2. THE LIMITATIONS ON PLAYFAB’S LIABILITY TO YOU IN SECTION 12.1 ABOVE SHALL APPLY WHETHER OR NOT PLAYFAB HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
13.1. You agree to hold harmless, defend and indemnify PlayFab and its officers, agents, employees, advertisers, licensors, suppliers or partners from and against any third-party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the PlayFab Services, or (c) your Content or your Games, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, PlayFab will provide you with written notice of such claim, suit or action. PlayFab will have the right to participate at its own expense and by its own counsel in the defense of any claim, and you and PlayFab will reasonably cooperate with each other in the defense of any claim.
14. Copyright Policy
14.1. You agree to set up a process to respond to notices of alleged infringement that comply with the United States’ Digital Millennium Copyright Act (“DMCA notices”). It is PlayFab’s policy to respond to DMCA notices or other applicable copyright laws and to terminate the accounts of repeat infringers. We reserve the right to take down content in your Game or, if necessary, the Game itself upon receipt of a valid DMCA notice. For more information, please go to https://playfab.com/acceptable-use/.
15. Other Content
15.1. The PlayFab Services may include hyperlinks to other web sites or content or resources or email content. PlayFab has no control over any web sites or resources which are provided by companies or persons other than PlayFab.
15.2. You acknowledge and agree that PlayFab is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
15.3. You acknowledge and agree that PlayFab is not liable for any loss or damage which may be incurred by you or your End Users as a result of the content or availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
16. Changes to the Terms
16.1. PlayFab may make changes to the Terms from time to time. If we change the Terms in any substantive way, we will give you at least seven (7) days' notice before the changes take effect, during which period of time you may reject the changes by terminating your account.
16.2. You understand and agree that if you use the PlayFab Services after the date on which the Terms have changed, your use will serve as your acceptance of the updated Terms.
17. General Legal Terms
17.1. Except to the extent you and PlayFab have entered into a separate written agreement that is expressly intended to supersede these Terms either in whole or in part, the Terms constitute the whole legal agreement between you and PlayFab and govern your use of the PlayFab Services, and completely replace any prior agreements between you and PlayFab in relation to the PlayFab Services.
17.2. There are no third-party beneficiaries to these Terms, other than Add-on Providers as set forth in Section 9.1 above. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.
17.3. If PlayFab provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.
17.4. You agree that PlayFab may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the PlayFab Services or the Website. By providing PlayFab your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.
17.5. You agree that if PlayFab does not exercise or enforce any legal right or remedy which is contained in the Terms (or which PlayFab has the benefit of under any applicable law), this will not be taken to be a formal waiver of PlayFab’s rights and that those rights or remedies will still be available to PlayFab. If any provision of the Terms is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way, and the invalid provision shall be replaced with a valid provision which most closely approximates the intent and economic effect of the invalid provision.
17.6. PlayFab shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
17.7. The rights and remedies under the Terms are cumulative and are not exclusive of any rights or remedies available at law or in equity or by any other agreement between the you and PlayFab.
17.8. The Terms, and your relationship with PlayFab under the Terms, shall be governed by the laws of the State of Washington without regard to its conflict of laws provisions. You and PlayFab agree to submit to the exclusive jurisdiction of the courts located within King County, Washington, to resolve any legal matter arising from the Terms.
17.9. You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of PlayFab.