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End User License Agreement

EQUUSports Inc. | BL!NK Media Inc. User Agreement

ⓘ You agree to these terms when you use our games, content, products or any of our services.

Welcome to EQUUSports Inc., a BL!NK MEDIA INC. Group affiliated corporation This Agreement governs your access and use of games, content, products and services offered by EQUUSports Inc., its subsidiaries and affiliates ("EQUUS"), such as, but not limited to, game software and related updates, upgrades and features, and any and all online and mobile services, platforms, websites, and live events hosted by or associated with EQUUS (hereinafter individually or, as the case may apply to your specific case, collectively referred to as the "EQUUS Products & Services"). This Agreement is between you and the EQUUS entity described in Section 13B below.

ⓘ If you do not agree, please do not install or use our games, content, products or services.

BY USING EQUUS PRODUCTS & SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE EQUUS PRODUCTS & SERVICES. FOR RESIDENTS OF CERTAIN COUNTRIES, YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 15 TO RESOLVE ANY DISPUTES WITH EQUUS.

  1. EQUUS Account

ⓘ You may need an EQUUS Account to play certain EQUUS games. To create one, you must be at least the minimum age of majority in the jurisdiction where you live and your parents must read and agree to these terms if you are a minor. EQUUS must suspend or terminate your account if you make false representations or statements or if you otherwise breach this agreement. You may cancel your EQUUS Account or any EQUUS subscriptions at any time.

You need an EQUUS Account to access and use many EQUUS Products & Services, including to play online.

To create an EQUUS Account, you must have a valid email address, and provide truthful and accurate information. You must be eligible to use the EQUUS Service for which you are registering and must be a resident of a country where use of EQUUS Products & Services is permitted.

When you use or access our Services in any capacity, you represent that you are at least the minimum age to consent for data processing under the laws of your jurisdiction (e.g., 13 years old in the United States, and 16 in some EU territories), and not barred from accessing the Services under applicable law. Notwithstanding the foregoing, we may provide some Services that are available specifically to younger players as permitted under applicable law. Regardless, if you are under the age of 18, you hereby agree that you have gotten permission from a parent or guardian to use our Services, and your parent or guardian must agree to these Terms and accept them on your behalf. Parents and legal guardians are responsible for the acts of their children when they use our Services. If you access our Services through a third-party platform or site, you may be required to comply with their policies in addition to these Terms.

You are responsible for the activity on your EQUUS Account; it is yours, do not share it. Your EQUUS Account may be suspended or terminated if someone else uses your EQUUS Account and thereby engages in activity that violates this Agreement.

You may cancel your EQUUS Account or a subscription to an EQUUS Service at any time by contacting EQUUS's Customer Service Department at equusports.com/Support. To complete your request, EQUUS may collect fees or costs incurred, if allowed by law, and any amounts owed to third-party vendors or content providers.

  1. License

ⓘ EQUUS grants access to our games, content, products or services to YOU for YOUR personal enjoyment.

The EQUUS Products & Services are licensed to you, not sold. EQUUS grants you a personal, limited, non-transferable (i.e., not for sharing), revocable and non-exclusive license to use the EQUUS Products & Services to which you have access for your non-commercial use, subject to your legal capacity and/or authorization and compliance with this Agreement. You may not access, copy, modify or distribute the EQUUS Products & Services or any EQUUS Service, Content or Entitlements (as those terms are specifically defined below), unless expressly authorized by EQUUS or permitted by law. You may not reverse-engineer or attempt to extract or otherwise use source code or other data from EQUUS Products & Services, unless expressly authorized by EQUUS or permitted by law. EQUUS or its licensors own and reserve all other rights, including all right, title and interest in the EQUUS Products & Services and associated intellectual property and intellectual property rights.

  1. Content and Entitlements

ⓘ EQUUS provides games, features and content through a series of entitlements. Some entitlements are unlocked using virtual currency that has no value outside of our games.

The EQUUS Products & Services include Content and Entitlements. Content is the software, technology, text, forum posts, boards, chat posts, profiles, ratings, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material of any type or nature whatsoever appearing on or coming from EQUUS Products & Services, as well as the design and appearance of our websites. Content also includes user-generated Content ("UGC"). UGC includes EQUUS Account personas and/or avatars, forum posts, profile content and other Content contributed by users to EQUUS Products & Services. All Content is either owned by EQUUS or its licensors, or is licensed to EQUUS and its licensors pursuant to Section 5 below.

Entitlements are non-assignable, revocable and non-exclusive rights that EQUUS licenses to you to access or use the online or off-line elements of EQUUS Products & Services. Examples of Entitlements include access to digital or unlockable Content; additional or enhanced functionality (including multiplayer services); subscriptions; virtual assets; unlock keys or codes, serial codes or online authentication; in-game accomplishments and qualifications; and virtual points, coins, or currencies.

We refer to these virtual points, coins or currencies as "EQUUS Virtual Currency". When you obtain EQUUS Virtual Currency from us or our authorized partners, you receive a personal, limited, non-assignable, non-exclusive, revocable license to access and select the Entitlements that EQUUS expressly makes available to you.

EQUUS Virtual Currency has no monetary value and has no value outside of our EQUUS Products & Services. EQUUS Virtual Currency cannot be sold, traded, transferred, or exchanged for cash; it only may be redeemed for Entitlements available for the EQUUS Products & Services. EQUUS Virtual Currency is non-refundable, and you are not entitled to a refund for any unused EQUUS Virtual Currency. Once you redeem EQUUS Virtual Currency for an Entitlement, that Entitlement is not returnable, exchangeable, or refundable. If you live in Japan, you agree to use any EQUUS Virtual Currency within 180 days from the date of purchase or acquisition.

You will provide at your own expense the equipment, Internet connection and assume all the charges required to access and use EQUUS Products & Services.

  1. Availability of EQUUS Products & Services and Updates

ⓘ Our EQUUS Products & Services’ games and services may not always be available or operate on all devices. We also may make updates or changes to our EQUUS Products & Services’ games and services, which might impact your use or game progress.

We do not guarantee that any of the EQUUS Products & Services, Content or Entitlement will be available at all times, in all locations, or at any given time or that we will continue to offer any particular EQUUS Products & Services, Content or Entitlements for any particular length of time. EQUUS does not guarantee that EQUUS Products & Services can be accessed on all devices, by means of a specific Internet or connection provider, or in all geographic locations.

From time to time, EQUUS may update, change or modify any or all of the EQUUS Products & Services, Content or Entitlements, without notice to you. These updates and modifications may be required in order to continue to use EQUUS Products & Services.

EQUUS may need to update or reset certain parameters to balance game play and usage of EQUUS Products & Services. These updates or "resets" may cause you setbacks within the relevant game world and may affect characters, games, groups or other Entitlements under your control.

EQUUS may also take actions on your EQUUS Account and Entitlements without notice to you to protect you or EQUUS, such as preventing unauthorized access, resetting EQUUS Account passwords, suspending EQUUS Account access, deleting data or removing EQUUS Accounts from EQUUS Products & Services. Your access or availability to EQUUS Products & Services may also be affected in response to actual or suspected Rules of Conduct violations, as further described in Section 6.

  1. Your UGC

ⓘ You allow EQUUS and our players to use anything you upload or create (UGC) for free within our EQUUS Products & Services’ games and services. You are responsible for your UGC, it must be your own content or content you are allowed to use.

You are responsible for your UGC. You may not upload UGC that infringes a third party's intellectual property rights or that violates the law, this Agreement or a third party's right of privacy or right of publicity.

EQUUS may, in its sole discretion, remove, edit or disable UGC for any reason, including if EQUUS reasonably determines that such UGC violates this Agreement. EQUUS does not assume any responsibility or liability whatsoever for UGC, for removing it, or not removing it or for any other Content of any nature or type whatsoever. EQUUS does not pre-screen all UGC and does not endorse or approve any UGC available on EQUUS Products & Services.

When you contribute UGC, you grant to EQUUS, its licensors and licensees a non-exclusive, perpetual, irrevocable, transferable, worldwide, sublicensable license to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display or otherwise transmit and communicate the UGC, or any portion of it, in any manner or form and in any medium or forum, whether now known or later devised, without notice, payment or attribution of any kind to you or any third party. You also grant to all other users who can access and use your UGC on any of the EQUUS Products & Services the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant EQUUS Products & Services without further notice, attribution or compensation to you.

  1. Rules of Conduct

ⓘ We want you to have a good time using our EQUUS Products & Services and playing our games. We therefore expect you, like all players, to respect EQUUS, our employees and representatives as well as your fellow players. This means, without limitation, that you obey the law, don’t cheat, don’t be offensive, don’t hack our software, don’t spam or bot, don’t lie to EQUUS or our players. Those are the highlights. Read the full list of what not to do in the Rules of Conduct.

When you access or use any of the EQUUS Products & Services, you agree that you will not:

  • Violate any law, rule or regulation.
  • Interfere with or disrupt any of the EQUUS Products & Services or any server or network used to support or provide any of the EQUUS Products & Services, including any hacking or cracking into any of the EQUUS Products & Services.
  • Use any software or program that damages, interferes with or disrupts any of the EQUUS Products & Services or another's computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files and time bombs.
  • Interfere with or disrupt another player's use of any of the EQUUS Products & Services. This includes disrupting the normal flow of game play, chat or dialogue within any of the EQUUS Products & Services by, for example, using vulgar or harassing language, being abusive, excessive shouting (all caps), spamming, flooding or hitting the return key repeatedly.
  • Harass, threaten, bully, embarrass, spam or do anything else to another player or any EQUUS employee or representative that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. Hate speech is not tolerated. We won't tolerate any unwanted conduct against any EQUUS employee and representative because of their affiliation with EQUUS in EQUUS Products & Services or anywhere else.
  • Contribute UGC or organize or participate in any activity, group or guild that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another's privacy, or is otherwise reasonably objectionable.
  • Publish, post, upload or distribute UGC or content that is illegal or that you don't have permission to freely distribute.
  • Publish, post, upload or distribute any content, such as a topic, name, screen name, avatar, persona, or other material or information, that EQUUS (acting reasonably and objectively) determines is inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent or unlawful.
  • Post a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities.
  • Impersonate another person or falsely imply that you are an EQUUS employee or representative.
  • Improperly use in-game support or complaint buttons or make false reports to EQUUS staff.
  • Attempt to obtain, or phish for, a password, account information, or other private information from anyone else on EQUUS Products & Services.
  • Make use of any payment methods or refund systems to access, purchase or refund EQUUS Products & Services for fraudulent purposes, or without permission of the authorized owner, or otherwise concerning a criminal offence or other unlawful activity.
  • Use any robot, spider or other automated device or process to access EQUUS Products & Services for any purpose such as scraping data, abuse EQUUS Products & Services, account creation, or copying material.
  • Modify any file or any other part of the EQUUS Products & Services that EQUUS does not specifically authorize you to modify.
  • Use or distribute unauthorized software programs or tools (such as "auto", "macro", hack or cheat software), or use exploits, bugs or problems in any of the EQUUS Products & Services to gain unfair advantage.
  • Engage or assist in cheating or other anticompetitive behavior (such as boosting, collusion, and match or matchmaking manipulation).
  • Use or distribute counterfeit software or EQUUS Products & Services’ Content and Entitlements, including EQUUS Virtual Currency.
  • Attempt to use any of the EQUUS Products & Services on or through any service that is not controlled or authorized by EQUUS, or otherwise intentionally obfuscate your network connection or location or other metadata to gain access to any of the EQUUS Products & Services, make purchases, or otherwise access any of the EQUUS Products & Services.
  • Sell, buy, share, trade or otherwise transfer or offer to transfer your EQUUS Account, any personal access to EQUUS Products & Services, or any EQUUS Products & Services’ Content and Entitlements associated with your EQUUS Account, including EQUUS Virtual Currency and other Entitlements, either within any of the EQUUS Products & Services or on a third-party website, or in connection with any out-of-game transaction, unless expressly authorized by EQUUS.
  • Use any of the EQUUS Products & Services in a country in which EQUUS is prohibited from offering such services under applicable export control laws.
  • If any of the EQUUS Products & Services require you to create a "username" or a "persona" to represent yourself in-game and online, you should not use your real name and may not use a username or persona that is used by someone else or that EQUUS determines is vulgar or offensive or violates someone else's rights.
  • Engage in any other activity that significantly disturbs the peaceful, fair and respectful gaming environment of any of the EQUUS Products & Services.
  • Use information about users publicly available in any of the EQUUS Products & Services (e.g. on a leaderboard) for any purpose unrelated to the EQUUS Products & Services, including to attempt to identify such users in the real world.
  • Promote, encourage or take part in any prohibited activity described above.

ⓘ To enforce these rules, we may monitor your activity and remove any UGC. If you do not follow these rules, we may warn you, suspend you, ban you permanently or place other restrictions on your EQUUS Account, games, or related EQUUS Products & Services’ Content and Entitlements.

If you or someone using your EQUUS Account violates these rules and fails to remedy this violation after a warning, EQUUS may take action against you, including revoking access to certain or all EQUUS Products & Services, Content or Entitlements, or terminating your EQUUS Account as described in Section 8. In case of severe violations, EQUUS may take these actions without issuing a prior warning. Some examples of severe violations include, but are not limited to: promoting, encouraging or engaging in hacking, selling EQUUS accounts or EQUUS Products & Services, Content or Entitlements (including virtual currencies and items) without EQUUS’s permission, extreme harassment, or threatening illegal activities. When practical, EQUUS will notify you of the action it will take in response to violations of these rules or breach of this Agreement.

Specific EQUUS Products & Services may post additional rules that apply to your conduct on those services.

If you encounter another user who is violating any of these rules, please report this activity to EQUUS using the "Help" or "Report Abuse" functions in the relevant EQUUS Products & Services, if available, or contact Customer Support at equusports.com/Support.

EQUUS may, in its discretion, monitor or record online activity or Content on EQUUS Products & Services and may remove any Content from any EQUUS Products & Services at its discretion. Remember that your communications and your UGC in any of the EQUUS Products & Services are public and will be seen by others.

Your use of EQUUS Products & Services is subject to EQUUS's Privacy and Cookie Policy which is available at equusports.com/legal/privacy-policy, which is incorporated by reference into this Agreement.

  1. Games

ⓘ This section applies to our games, in particular EQUUS PC games, and EQUUS-owned game platforms.

This Section applies to EQUUS's games and game subscriptions ("EQUUS Games"), including EQUUS Games that run on a Personal Computer ("EQUUS PC Games"). 

  1. Technical and Content Protection Measures

ⓘ We use specific security software to combat piracy and cheating, and tampering with it can result in losing access to our games.

EQUUS utilizes technical or content protection measures, developed by EQUUS or third-party partners, for EQUUS Products & Services in order to prevent piracy and the unauthorized copying or use of EQUUS Games. Attempting to circumvent, disable or tamper with these measures shall terminate this license.

  1. Termination and Other Sanctions

ⓘ If you breach this agreement or break the law, EQUUS may suspend or terminate your use of our EQUUS Products & Services’ games and services, without refunds.

If we decide to shut down a game or a service, we will tell you at least 30 days in advance.

This Agreement is effective until terminated by you or EQUUS. EQUUS may terminate your access and use of any EQUUS Products & Services or your EQUUS Account if EQUUS determines that you have violated this Agreement or that there has been otherwise unlawful, improper or fraudulent use of EQUUS Products & Services on your EQUUS Account. When practical, EQUUS will notify you of the termination. You may lose your username and persona as a result of an EQUUS Account termination. If you have more than one EQUUS Account, depending on the type of violation or misuse, EQUUS may terminate all of your EQUUS Accounts and all related Content and Entitlements. If your EQUUS Account is terminated, you will not have access to your EQUUS Account or Content and Entitlements and may be barred from accessing or using any EQUUS Products & Services again. Upon termination, your license under this Agreement also shall terminate and be null and void.

Instead of termination and prior to any termination, EQUUS may issue you a warning, suspend or alter your access to any particular EQUUS Products & Services or your EQUUS Account, remove or revoke Entitlements at an EQUUS Account or device level, remove or delete any Content which is in violation with this Agreement, or ban your device or machine from accessing specific EQUUS Products & Services. If EQUUS takes any action described in this Section, you will not be entitled to a refund (subject to any statutory refund rights) and no Content or Entitlements will be credited to you or converted to cash or other forms of reimbursement.

EQUUS may terminate any EQUUS Products & Services at any time by giving at least thirty days' notice either via email (if available), within the affected EQUUS Service, or on the service updates page of EQUUS's website (equusports.com/service-updates). After online service termination, no software updates will be applied to our games and we can't guarantee our games will continue to function on newer or updated operating systems or be available for download via application distribution services such as the iOS App Store, the Google Play Store, and Steam. Any games available via such application distribution services after online service termination may be removed without further notice to you.

If you believe that any action has been taken against your Account or device in error, please contact Customer Support at equusports.com/Support. 

If you terminate this agreement, you agree to cease all use of EQUUS Products & Services.

Sections 5, 8-9, 11-15 of this Agreement survive termination of this Agreement for any reason whatsoever.

  1. Use of Data

ⓘ EQUUS collects various information when you use EQUUS Products & Services and play our games (even offline) to operate our business, improve our products and services, enforce our rules and communicate with you. We encourage you to read EQUUS’s Privacy and Cookie Policy at equusports.com/legal/privacy-policy. 

When you use any of the EQUUS Products & Services, EQUUS may collect and store data from your computer or device, including information about your computer or device, hardware, installed software, and operating system (such as IP Address and device ID), information about your EQUUS Products & Services usage, gameplay and usage statistics, system interactions and peripheral hardware. If you play any of the EQUUS Products & Services offline, this data will be stored on your device and transmitted to EQUUS when your device connects to the Internet. EQUUS uses this information to operate its business, improve its products and services, provide services to and communicate with you (including for marketing purposes), provide software updates, dynamically serve content and software support, enforce this Agreement, and troubleshoot bugs or otherwise enhance your experience. If you participate in online EQUUS Products & Services, EQUUS also may collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and accomplishments), or identify content that is created and shared by you with other players.

Your data is collected, used, stored and transmitted by EQUUS in Canada, in accordance with EQUUS's Privacy and Cookie Policy at equusports.com/legal/privacy-policy.

  1. Other Software, Utilities and Tools

ⓘ If we update our EQUUS Products & Services’ games, you may need new software to keep playing our games.

EQUUS Products & Services may require or allow you to download software, software updates or patches, or other utilities and tools from EQUUS or its licensors onto your computer, entertainment system or device. These technologies may be different across platforms, and the performance of EQUUS Products & Services may vary depending on your computer and other equipment. You understand that certain updates to these technologies may be required in order to continue use of an EQUUS Products & Services. Some of these updates may contain locked features or content that require you to pay an additional fee to access them. You consent to EQUUS automatically installing any available updates for EQUUS Products & Services. Failure to install available updates may render EQUUS Products & Services, including EQUUS PC Games, unplayable.

  1. Third Parties

ⓘ You are responsible for your use of game servers and services not owned by EQUUS.

Some EQUUS Products & Services may give you the option of playing on servers not owned or controlled by EQUUS. EQUUS does not control those services and is not responsible for your use of the EQUUS Products & Services on or through them. These third-party services may subject you to additional or different terms and restrictions.

EQUUS Products & Services may include hyperlinks to third-party websites. Those sites may collect data or solicit personal information from you. EQUUS does not control those sites and is not responsible for their content or for their collection, use or disclosure of personal information.

  1. Warranties; Limitation of Liability

ⓘ EQUUS does not make any promises about our software, but the local law in your country may include certain warranties. The damages you can recover for legal claims are limited.

IF YOU LIVE IN THE EUROPEAN ECONOMIC AREA (EEA), UNITED KINGDOM OR SWITZERLAND, THE EQUUS PRODUCTS & SERVICES WILL BE PROVIDED WITH REASONABLE CARE AND SKILL AND NO OTHER PROMISES OR WARRANTIES ABOUT THE EQUUS PRODUCTS & SERVICES ARE MADE. IF YOU LIVE OUTSIDE THE EEA, UNITED KINGDOM AND SWITZERLAND, EQUUS PRODUCTS & SERVICES ARE LICENSED AND PROVIDED "AS IS." YOU USE THEM AT YOUR OWN RISK. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, EQUUS GIVES NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR PRACTICE. EQUUS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCT OR EQUUS SERVICE; THAT THE EQUUS SERVICE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE EQUUS PRODUCTS & SERVICES WILL BE UNINTERRUPTED OR FREE FROM ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING OR VIRUSES, OR THAT EQUUS PRODUCTS & SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE. https://www.equusports.com/warranty-policies  FOR MORE INFORMATION ON STATUTORY WARRANTY AND OTHER STATUTORY CONSUMER RIGHTS IN YOUR TERRITORY, AND https://www.equusports.com/warranty-policies FOR RIGHTS AVAILABLE TO AUSTRALIAN CONSUMERS.

IF YOU LIVE IN THE EEA, UNITED KINGDOM OR SWITZERLAND, EQUUS AND ITS EMPLOYEES, LICENSORS AND BUSINESS PARTNERS WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES ARISING FROM YOUR ACTIONS OR BREACH OF THIS AGREEMENT, OR WHICH ARISE AS A RESULT OF A THIRD PARTY'S (OR ANY OTHER) ACTS OR OMISSIONS BEYOND OUR CONTROL. IF YOU LIVE OUTSIDE THE EEA, UNITED KINGDOM AND SWITZERLAND, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, EQUUS AND ITS EMPLOYEES, LICENSORS AND BUSINESS PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES THAT WERE NOT CAUSED BY EQUUS'S BREACH OF THIS AGREEMENT, OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES. THE TYPES OF EXCLUDED DAMAGES INCLUDE, FOR EXAMPLE, FINANCIAL LOSS (SUCH AS LOSS INCOME OR PROFITS), COST OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION OR STOPPAGE, LOSS OF DATA, LOSS OF GOODWILL, AND COMPUTER FAILURE OR MALFUNCTION. THIS LIMITATION APPLIES TO ANY CLAIM ARISING OUT OF OR RELATED TO THIS LICENSE OR EQUUS PRODUCTS & SERVICES, WHETHER BASED IN CONTRACT, TORT, STATUTE, STRICT LIABILITY OR OTHERWISE. IT ALSO APPLIES EVEN IF EQUUS KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGE. YOU MAY RECOVER ONLY DIRECT DAMAGES IN ANY AMOUNT NO GREATER THAN WHAT YOU ACTUALLY PAID FOR THE APPLICABLE EQUUS PRODUCTS & SERVICES. EQUUS DOES NOT LIMIT ITS LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILFUL MISCONDUCT, OR FOR DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE ABOVE EXCLUSIONS AND LIMITATIONS, SO SOME OR ALL OF THEM MAY NOT APPLY TO YOU.

If you purchased a physical copy of any of the EQUUS Products & Services from a physical retail store in Canada or the United States and you do not agree to the terms of this Agreement and have not installed or used such EQUUS Products & Services, you may return it for a refund or exchange within thirty (30) days from the date of purchase to the original place of purchase by following the instructions for return available at https://www.equusports.com/warranty-policies.

  1. General Terms
  2. Entire Agreement

ⓘ This agreement can be changed only in writing signed by EQUUS.

This Agreement, together with any other EQUUS terms that govern your use of EQUUS Products & Services, constitutes the entire agreement between you and EQUUS. The Agreement may not be amended or modified unless made in writing and signed by EQ      UUS. The failure of EQUUS to exercise any right under this Agreement shall not constitute a waiver of the right or any other right. If any part of this Agreement is held to be unenforceable, all other parts of this Agreement shall continue in full force and effect.

  1. Governing Law

This Agreement is between you and EQUUSPORTS INC. and (i) EQUUSPORTS INC., can be reached at ATTN: EQUUSPORTS INC. 1631 Dickson Avenue, Suite 1100, V1Y0B5, Kelowna, British Columbia, Canada; (ii) the laws of the Province of British Columbia, Canada, as well as the laws of Canada applicable therein, excluding their conflicts-of-law rules, govern this Agreement and your use of EQUUS Products & Services; and (iii) you expressly agree that for claims and disputes not subject to the arbitration agreement below, exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or EQUUS Products & Services shall be the federal or provincial courts sitting in the judicial district of Montreal, Province of Quebec, Canada, and you expressly consent to the exercise of personal jurisdiction of such courts and that any proceedings therein will be carried out in the English language.

The UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute arising out of or relating to this Agreement.

  1. Export

ⓘ You must follow all export laws, and you agree you are not a prohibited person under export laws.

You agree to follow Canadian and U.S. and other export control laws and agree not to transfer any of the EQUUS Products & Services to a foreign national, or national destination, that is prohibited by such laws. You also acknowledge you are not a person with whom EQUUS is prohibited from doing business under these export control laws and your use of EQUUS Products & Services constitutes your express and implied representation and warranty that you are not a person with whom EQUUS is prohibited from doing business under Canadian and U.S. and other export control laws.

  1. Changes to this Agreement

ⓘ This agreement can be updated by EQUUS at any time. If you do not agree to certain meaningful changes, you may not be able to use EQUUS Products & Services or play our games.

EQUUS may modify this Agreement from time to time, so please review it frequently. For EQUUS players who accepted a previous version of this Agreement, the revisions will become effective 30 days after posting at  equusports.com/legal/End-User-License-Agreement. Your continued use of EQUUS Products & Services means you accept the changes. Once you accept a version of the Agreement, we will not enforce future material changes without your express agreement to them. If you are asked to accept material changes to this Agreement and you decline to do so, you may not be able to continue to use the EQUUS Products & Services provided.

  1. Dispute Resolutions by Binding Arbitration

ⓘ This section only applies if you live outside of Quebec, Russia, Switzerland, Brazil, Mexico, the member states of the EEA, United Kingdom and the Republic of Korea.

If you have a dispute, you agree to send details in writing to EQUUS, and then arbitrate. You agree that any claim you bring against EQUUS is in your individual capacity, and not as a class member, class representative, or as part of a class action.

THIS SECTION APPLIES TO ALL CONSUMERS AND PEOPLE WHO ACCEPTED THE TERMS OF THIS AGREEMENT. IT EXCLUDES RESIDENTS OF QUEBEC, RUSSIA, SWITZERLAND, BRAZIL, MEXICO, THE MEMBER STATES OF THE EEA, UNITED KINGDOM AND THE REPUBLIC OF KOREA. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU AND EQUUS EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

This Section 15 offers a streamlined way to resolve disputes between us if they arise. Most of your concerns can be resolved quickly and satisfactorily by submitting a support ticket at  equusports.com/Support.  If EQUUS cannot resolve your concern, you and EQUUS agree to be bound by the procedure set forth in this Section to resolve any and all disputes between us.

This Section 15 is an agreement between you and EQUUS, and applies to our respective agents, employees, subsidiaries, predecessors, successors, beneficiaries and assigns. This Agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Section 15 and any arbitration carried out under this Section. This Section 15 shall be interpreted broadly and shall survive termination of this Agreement.

  1. Claims Covered by Arbitration

All disputes, claims or controversies arising out of or relating to this Agreement, any EQUUS Products & Services and their marketing, or the relationship between you and EQUUS, including the validity, enforceability, and scope of this Section 15 ("Disputes"), shall be determined exclusively by binding arbitration. This includes claims that accrued before you entered into this Agreement. The only Disputes not covered by this Section 15 are claims (i) regarding the infringement, protection or validity of your, EQUUS's or EQUUS's licensors' trade secrets, copyright, trademark or patent rights; (ii) if you reside in Australia, to enforce a statutory consumer right under Australian consumer law; and (iii) brought in small claims court.

  1. Informal Negotiations

You and EQUUS shall first attempt to resolve any Dispute informally for at least 30 days before initiating arbitration. The informal negotiations begin upon receipt of written notice from one party to the other ("Notice of Dispute"). The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. EQUUS will send its Notice of Dispute to your billing or email address. You will send your Notice of Dispute to: ATTN: EQUUSPORTS INC. 1631 Dickson Avenue, Suite 1100, V1Y0B5, Kelowna, British Columbia, Canada ATTENTION: Legal Department.

  1. Binding Arbitration

If you and EQUUS cannot resolve a Dispute informally, you or EQUUS may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be administered by the Rules of the Quebec Code of Civil Procedure ("QCCP Arbitration Rules"), which are available at https://www.canlii.org/en/qc/laws/stat/rsq-c-c-25.01/latest/, with the following modifications:

  1. Arbitration fees and costs shall be governed by the QCCP Arbitration Rules..
  2. If the Dispute does not exceed $25,000, the arbitration will be conducted solely on the basis of written submissions.
  3. The parties may bring any dispositive motion or motions during the course of the proceedings.
  4. The arbitrator shall make a decision in writing, which will include the findings and conclusions on which the decision is based. The arbitrator has the authority to issue any relief allowed by applicable law, but the arbitrator shall have no authority to issue any relief on any basis other than an individual basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and EQUUS may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

  1. Limitations

YOU AND EQUUS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AS TO ALL DISPUTES. The arbitrator shall not consolidate another person's claims with your claims, and shall not preside over any type of representative or class proceeding. If this paragraph D is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void.

  1. Location

If you initiate the claim, arbitration will take place in the judicial district of Montreal, Province of Quebec, Canada. If EQUUS initiates the claim and you live in the United States, arbitration will take place in the county in which you reside. For residents outside the United States, arbitration shall be initiated in the judicial district of Montreal, Province of Quebec, Canada, and you and EQUUS agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay the proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

  1. Recovery

If the arbitrator rules in your favor on the merits of any claim you bring against EQUUS and issues you an award that is greater in monetary value than EQUUS's last written settlement offer made before EQUUS makes its final written submissions to the arbitrator, then EQUUS will:

  1. Pay you 100% of your arbitration award; and
  2. Reimburse the arbitration fees that you paid.
  3. Changes to this Arbitration Agreement

EQUUS will not enforce material changes to this Agreement to arbitrate, unless you expressly agree to the changes.

  1. Severability

If any clause within this Section 15 (other than the Class Action Waiver clause in paragraph D above) is found to be unenforceable because it would preclude a particular claim or remedy (such as public injunctive relief), that claim or remedy (and only that claim or remedy) must be severed from arbitration and may be brought in court, while any remaining claims or remedies will be resolved through arbitration. If any clause within this Section 15 (other than the Class Action Waiver clause set forth in paragraph D above) is found to be unenforceable for any other reason, that clause will be severed from this Section 15 and the remainder of this Section 15 will remain in full force and effect.

  1. Supplemental Terms Applicable to Purchases for Mobile Devices

ⓘ Additional terms apply to mobile device purchases.

Wherever you live in the World, the provider of EQUUS Products & Services, including Content and Entitlements purchased from EQUUS for use on a mobile device is EQUUSPORTS INC.

 

Last Updated: July 26, 2024