TERMS OF USE

YOU MUST AGREE TO THESE TERMS OF USE BEFORE USING THE PATHEA GAMES’ SERVICES

These Terms of Use consist of the terms, conditions, disclaimers, notices and policies (collectively the “Terms”) that apply to your access and use of the websites of Pathea Games, and any games, products, services and applications provided by Pathea on any platform (collectively, the “Services”). These Terms constitute a binding contract between you and Pathea that provides for important rights and obligations; for clarity, these Terms are an agreement between you and Pathea only, and not between you and any of Pathea’s licensors, including without limitation Microsoft, Sony or any of their affiliates.

These Terms include the provisions in this document, as well as those in Pathea’s Privacy Policy. By accessing, browsing, and/or using the Services, you represent to Pathea that you have read, understood and agree to be bound by these Terms and all applicable local, state, national and international laws and conventions, including without limitation all intellectual property laws. Pathea reserves the right, at its sole and absolute discretion, to deny any user access to any Services, without notice. If you violate any of the Terms, Pathea may, at its option, give you a warning notice of violation or terminate your account immediately for violation of the Terms.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES. ELIGIBILITY TO ACCEPT TERMS AND USE SERVICES; RESTRICTIONS By your use of the Services, you agree that you are either 18 years of age or older or possess legal parental or guardian consent to use the Services, and that you are fully able and competent to understand and accept these Terms as a binding contract and to abide by all Terms. If you are under 18, your parent or guardian agrees to these Terms on your behalf and is responsible and liable for your compliance with the Terms. You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party and only in a manner that complies with all laws that apply to you.

PATHEA’S RIGHT TO MODIFY TERMS

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. Pathea may modify these Terms at any time, with or without notice to you, by posting the modified Terms on our websites. Your continued use of the Services after such modification shall be deemed to be your acceptance of any such modification. Any such modification will only apply to matters and events that occur following the date of modification. You may not modify these Terms without the prior written authorization of an officer of Pathea. It is your responsibility to check these Terms regularly to determine whether they have been modified. IF YOU DO NOT AGREE TO ANY MODIFICATION OF THESE SERVICES YOU MUST IMMEDIATELY CEASE USE OF THE SERVICES.

POLICY ON PRIVACY

These Terms include the Privacy Policy relating to the collection, use and disclosure of your information. Please read the Privacy Policy carefully. Note that, as described in the Privacy Policy, we do not knowingly collect personally identifiable information from children under 13 (or older, if applicable law provides for different protections).

PATHEA’S OWNERSHIP OF THE SERVICES AND PROPRIETARY MATERIALS

The Services contain copyrighted material, technology, trademarks, service marks, trade secrets and other proprietary information, which may include computer code, text, data, video, images, illustrations, animations, sounds, musical compositions and recordings, audiovisual effects, color schemes, business methods and methods of operation, concepts, ideas, know-how, moral rights, and any related documentation (collectively the “Proprietary Material”). All intellectual property rights to the Proprietary Material, including without limitation patent, copyright, trademark and trade secret rights, are owned or licensed by Pathea. You:

(a) agree not to copy, download, reproduce, republish, upload, post, transmit, perform, display, distribute or sell, or in any other way exploit the Proprietary Material, or to participate with or to encourage others to engage in such acts, without the prior written consent of Pathea; and
(b) may not reverse engineer, disassemble, decompile, or translate any computer software programs that comprise Proprietary Material, or otherwise attempt to derive the source code of such programs, except that the foregoing restrictions on copying or reverse engineering does not apply to the extent prohibited by applicable law.

No Proprietary Material, or any portion thereof, may be modified or used for any purpose other than as expressly authorized in these Terms. The Proprietary Material may include materials licensed by Pathea from third parties, and the licensors of those materials may enforce their rights in the event of any violation of this Agreement. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN THIS AGREEMENT ARE RESERVED BY Pathea AND ITS LICENSORS OR SUPPLIERS.

OWNERSHIP OF IDEAS, INVENTIONS AND USER SUBMISSIONS, INCLUDING USER-GENERATED CONTENT

The Services provide you with access to a variety of resources, materials and downloads, and may allow you to access content made available by other users of the Services. Such content may include, without limitation, game levels, content creation tools, audio, video, film, music, text, communications, software, graphics, images, and information. All such content made available by you or by other users of the Services is referred to in this Agreement as “User-Generated Content.”

As between Pathea and you, you own the copyright in any User-Generated Content that is exclusively created by you. You expressly acknowledge and agree that any User-Generated Content that you make available through the Services may be made freely available by Pathea to others, including without limitation for download by others. You further acknowledge and agree that this permission is made and granted by you in consideration of your use of the Services, and that this permission constitutes (and you hereby grant) a world-wide, non-exclusive, perpetual, royalty-free, irrevocable and transferable license to Pathea to use, copy, perform, display and distribute such User-Generated Content, and to grant and authorize sublicenses of such User-Generated Content to others. From time to time you may disclose, submit, or offer to Pathea comments, feedback, suggestions, gameplay features, level designs, and other submissions (“User Ideas”). You hereby grant a world-wide, non-exclusive, perpetual, royalty-free, irrevocable and transferable license to Pathea to use, copy, perform, display and distribute such User Ideas, and to grant and authorize sublicenses of such User Ideas to others. Unless otherwise prohibited by law, Pathea may use, sell, exploit, or create derivative works from these User Ideas and, further, Pathea may disclose these User Ideas to third parties or the general public, without compensation to you.

YOU ACKNOWLEDGE THAT USER IDEAS AND USER-GENERATED CONTENT ARE PROVIDED BY YOU ON A COMPLETELY VOLUNTARY BASIS. SHOULD YOU NOT WISH TO HAVE YOUR USER IDEAS AND USER-GENERATED CONTENT SUBJECT TO THE LICENSES SET FORTH ABOVE, YOU MAY CHOOSE NOT TO SHARE THEM WITH PATHEA ON THE SERVICES.

END USER LICENSE

ALL PATHEA SOFTWARE IS LICENSED, NOT SOLD. Such software includes the Pathea game software that Pathea provides to you for download and installation (“Games”). Subject to your compliance with these Terms, Pathea hereby grants you a non-exclusive, non-transferable, limited and revocable right and license to install and use one (1) copy of each Game solely and exclusively for your personal and non-commercial use for gameplay on a single game system (e.g., computer, mobile device, or gaming console) that you own or control or, if you obtained the Game through the PlayStation Network (“PSN”), then on a system to which the Game is delivered by the PSN. For clarity, the foregoing does not prohibit you from installing and using an additional copy of each Game on a different game system. These Terms shall also apply to any patches or updates you may obtain for the Games.

DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF THE GAMES OR RELATED INFORMATION, MATERIALS OR OTHER CONTENT TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF DUPLICATION, COPYING OR ANY OTHER FORM OF REPRODUCTION IS, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, EXPRESSLY AND EXPLICITLY PROHIBITED.

Your use of any of the Games is governed by Pathea’s End User License Agreement.

PROHIBITED USER CONDUCT

You are solely responsible and liable for any User-Generated Content that you upload, post, input, publish or otherwise distribute using the Services. As a condition of your use of the Services, you agree not to use the Services for any unlawful or prohibited purpose. You further represent, warrant, and agree that you will not, under any circumstances, contribute any User-Generated Content or otherwise use the Services or interact with the Services in a manner that:

(a) constitutes or includes any illegal or unauthorized copy, in whole or in part, of another person’s copyrighted or copyrightable work, discloses trade secrets without authorization, or otherwise violates the proprietary rights of a third party or Pathea;
(b) misrepresents the source or identity of any material;
(c) is unlawful, vulgar, obscene, defamatory, libelous, threatening, abusive, harassing, harmful, “toxic,” or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group, or encourages any other conduct that would be considered a criminal offense, create civil liability, or is otherwise offensive or inappropriate or objectionable;
(d) violates the rights of privacy or publicity of any person;
(e) is false or deceptive;
(f) displays pornographic or sexually explicit material of any kind;
(g) includes material that exploits people in a sexual or violent manner;
(h) posts, uploads, transmits, or streams any unauthorized or unsolicited material that disrupts the normal flow of chat or other activities in the Services, including spam, junk mail, excessive mail, or chain letters;
(i) is an advertisement or solicitation to sell a product or service to users of the Services, or constitutes any other commercial use of the Services, without the prior written consent of Pathea;
(j) is unlawful under the laws of the CHINA or any individual state or locality, the laws of any foreign or local jurisdiction, or any international treaty or convention or that is prohibited by any applicable government regulation;
(k) interferes with the proper functioning of the Services, or violates any other of the Terms;
(l) sells, grants a security interest in, or transfers reproductions of all or any portion of the Services to other parties in any way not expressly authorized herein, or that rents, leases or licenses all or any portion of the Services to others;
(m) exploits the Services or any of its parts for any commercial purpose whatsoever without the express prior written authorization of Pathea;
(n) hosts, provides or develops services for or using the Services, or intercepts, emulates, disrupts, or redirects the communication protocols, hardware, software, network, or system used by Pathea in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Services, use of a utility program or any other techniques now know or hereafter developed, for any purpose, including without limitation unauthorized access in any form over the Internet;
(o) facilitates, creates or maintains any unauthorized connection to the Services, or any portion thereof, including without limitation any connection to any unauthorized server that emulates, or attempts to emulate, hacks, or reverse-engineers the Services. All connections to the Services, or any portion thereof, may only be made through methods and means expressly approved by Pathea. Under no circumstances may you connect, or create tools that allow you or others to connect to the Services, or any portion thereof, other than those expressly provided by Pathea;
(p) develops or allows any viruses, malware, adware, spyware, Trojan Horses, cancelbots, other automated “bots”, “auto players”, cheat utilities, spoofers, keyloggers, or other circumvention devices to be present on any machine used to access the Services; and/or to attempts to upload/utilize such devices against the Services;
(q) is related to any games of chance, gambling, sweepstakes, lotteries, contests, surveys, chain letters, pyramid schemes or other similar services, whether or not they are used for commercial gain;
(r) collects, harvests, scrapes or captures any other user’s information, email addresses or other personal data of any other users to send unsolicited emails or any other communication, whether or not this is done for commercial gain;
(s) makes false reports of user abuse to Pathea or affiliated companies and partners;
(t) impersonates any person, including an employee of Pathea or any third party; or
(u) attempts in any manner to obtain the password, account, or other security information from any other user.

You should not post any User-Generated Content if you are in doubt about its legality or its prohibition by the Terms. You acknowledge that Pathea is a service provider that may allow its users to interact online regarding topics and content self-chosen by the users. Pathea does not endorse any User-Generated Content or any opinion, recommendation or advice that may be expressed. Pathea shall have no obligation to monitor any User-Generated Content. Nonetheless, Pathea and its agents shall have and reserve the right to monitor any User-Generated Content from time to time for any lawful purpose. Pathea may, without notice to you, remove or block any User-Generated Content, including disabling access to such User-Generated Content.

Pathea also may terminate your access to the Services and refer the User-Generated Content to law enforcement if it is in violation of any federal, state or local law or regulation. Pathea expressly reserves the right to monitor any and all network traffic between any user(s) and the Services to prevent the use of said means to compromise the Services. Pathea (within its sole discretion) expressly reserves the right to ban you from, or limit your access to, the Services temporarily or permanently for failure to comply with the restrictions and limitations contained in these Terms (including without limitation this Section 8), and such failure to comply may termination may subject you to civil and/or criminal liability.

USER REGISTRATION AND ACCOUNT SECURITY

As a condition to using certain components of the Services, you may be required to register with Pathea and select a password and/or screen name (“User ID”) to obtain a personal account on a particular game system or platform. In addition, Pathea may automatically assign you a user ID on each such game system or platform to identify you to our servers. If you are required to enter registration information, you agree to provide Pathea with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms, which may result in immediate, automatic termination of your access to the Services. You may not select or use as a User ID a name of another person with the intent to impersonate that person; use as a User ID a name subject to any rights (including trademarks or copyrights) of a person other than you without appropriate authorization; or use as a User ID a name that is otherwise offensive, vulgar or obscene.

Pathea reserves the right to refuse registration of, or to cancel, a User ID in its sole and absolute discretion. Notwithstanding the foregoing, you acknowledge that Pathea cannot guarantee the accuracy of any information submitted by any User of the Services, nor any identifying information about any User. You are solely responsible for the activity that occurs through your account. You shall be solely responsible for maintaining the confidentiality of your password. You may not share your account with a third party or use the account of a third-party. You agree to notify Pathea immediately in writing of any unauthorized use of your account, or other account-related security breach of which you are aware. You may cancel your account at any time upon written notice to Pathea.

PROMOTIONAL PROGRAMS & TOURNAMENTS

Pathea may implement marketing and promotional programs or tournaments in which users are offered benefits, considerations or rewards based upon the performance of specified activities, the satisfaction of specified requirements, or other criteria. Any such program, including the eligibility and selection of users, the award, compensation or other benefit to be granted users, if any, and the duration, shall be at the sole and absolute discretion of Pathea. You acquire no right or interest to participate in such program or to the impartial implementation of the program and distribution of any awards, compensation or benefits. You hereby expressly waive and disclaim any such right or interest. To the extent such program may involve one or more third parties and permitted by applicable law, you further expressly waive and disclaim any such right or interest against such third party. Pathea may elect in its sole and absolute discretion to contact you with regard to a program or tournament. You hereby expressly authorize Pathea to contact you by means of the contact information you have provided to Pathea. Additional terms and restrictions may apply to you if you choose to participate in promotional programs or tournaments.

THIRD-PARTY WEBSITES AND SERVICES

Solely as a convenience to you, Pathea may provide links on the Services to other websites owned by third parties. Further, the Pathea Services may be available to you through third-party websites, platforms and/or services. Unless otherwise expressly stated, Pathea does not endorse or control these third parties or their offering, and assumes no responsibility for them or the content contained therein.

GENERAL DISCLAIMERS

(a) TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE SERVICES AND ANY ACCOMPANYING DOCUMENTATION AND MATERIAL ARE BEING PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND WHATSOEVER. WITHOUT LIMITING THE INTENDED GENERALITY OF THE PRECEDING SENTENCE, NEITHER PATHEA, NOR ITS LICENSORS OR SUPPLIERS, WARRANTS THAT THE SERVICES OR ANY PORTION THEREOF (i) WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED; (ii) IS COMPATIBLE WITH ANY SOFTWARE, INCLUDING WITHOUT LIMITATION INTERNET BROWSER SOFTWARE; (iii) IS FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (iv) IS FREE OF DEFAMATORY, DEROGATORY OR ADULT-ORIENTED MATERIAL, OR MATERIAL THAT SOME INDIVIDUALS MAY DEEM OFFENSIVE OR OBJECTIONABLE. TO THE FULLEST EXTENT ALLOWED BY LAW, PATHEA DISCLAIMS ALL REPRESENTATIONS, TERMS, WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
(b) NEITHER PATHEA, NOR ITS LICENSORS OR SUPPLIERS, IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL PATHEA OR ITS LICENSORS OR SUPPLIERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR USE OF THE SERVICES, ANY USER-GENERATED CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO ANOTHER USER, OR ANY TRANSACTIONS BETWEEN OR AMONG YOU AND OTHER USERS, WHETHER ONLINE OR OFFLINE.
(c) THE SERVICES ARE CONTROLLED AND PROVIDED BY PATHEA FROM ITS FACILITIES IN CHINA. TO THE EXTENT PERMISSIBLE BY APPLICABLE LOCAL LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, PATHEA MAKES NO REPRESENTATION THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS.
(d) BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT SUCH EXCLUSIONS OR LIMITATIONS ARE NOT PERMITTED UNDER LOCAL LAW.

INDEMNIFICATION

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Pathea, its officers, directors, employees and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney fees) arising from your use of the Services, your violation of any of the Terms, your violation of any third-party right, including without limitation any copyright, trade secret, privacy or property right, or any claim that your User-Generated Content caused damage to a third-party.

13. USERS IN THE EUROPEAN UNION

If (and only if) you are using or accessing the Services in the European Union, the terms of this Section 20 apply. Any Dispute shall be resolved under the laws of England and Wales. You agree that any claim asserted in any legal proceeding by you or Pathea in connection with these Terms shall be commenced and maintained in any court of competent jurisdiction in London, England, and you and Pathea each agree to submit to the personal jurisdiction of such court. I HEREBY ACKNOWLEDGE THAT I HAVE READ IN THEIR ENTIRETY AND UNDERSTAND THE FOREGOING TERMS. I AGREE THAT BY BROWSING, INSTALLING OR USING THE SERVICES I AM ACKNOWLEDGING MY AGREEMENT TO BE BOUND BY THESE TERMS.