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Last Updated: February 13, 2023
This Playtika End User License Agreement (“EULA”) is between you and Playtika Santa Monica, LLC (“Playtika”). This EULA sets out the terms and conditions governing your right to access, display, and/or perform (as applicable) certain Content (as defined below) made available by Playtika and its licensors as part of your ownership of a unique, blockchain-based non-fungible token (“NFT”) associated with such Content. Each such NFT, as associated with the applicable Content, is referred to in this EULA as a “Digital Asset.”
You should review this EULA before purchasing or obtaining any Digital Assets. By purchasing or otherwise obtaining such Digital Assets, whether via an application made available by Playtika or on a third party platform (“App”) or otherwise, you agree to all the terms and conditions of this EULA, as well as any other terms and conditions of use that may apply to your use of the App if you acquired such Digital Assets via the App (“App Terms”), and you affirm that you are of the legal age of majority in your jurisdiction to enter into this EULA (or, if you are not, that you have obtained parental or guardian consent to enter into this EULA).
We may update this EULA from time to time and will use reasonable efforts to notify you of material changes, including by posting an updated version on our website. Any changes to this EULA will be in effect as of the “Last Updated” date referred to at the top of this EULA; any such changes will not apply to any dispute between you and us arising before the date on which we made available the updated EULA incorporating such changes, or otherwise notified you of such changes. You should review all EULA changes and updates, and your continued ownership of any Digital Asset after the “Last Updated” date will constitute your acceptance of and agreement to such changes.
THIS EULA CONTAINS AN ARBITRATION PROVISION (SEE SECTION 14). PLEASE REVIEW THE ARBITRATION PROVISION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY PURCHASING OR OTHERWISE OBTAINING A DIGITAL ASSET, YOU UNDERSTAND AND AGREE TO BE BOUND BY THE ARBITRATION PROVISION UNLESS YOU OPT OUT WITHIN THE SPECIFIED TIME FRAME AND THE TERMS AND CONDITIONS OF SECTION 14.4.
The following capitalized terms have the following meanings:
“Acquired Digital Asset” means a Digital Asset for which you own the underlying NFT (whether through purchase, prize, or alternative means of entry (also known as AMOE)).
“Content” means the art, design, drawings, creative elements, and any other works of authorship (in any form or media, including video, photographs, illustrations, music, and sound effects, as electronic files or otherwise), which includes certain Playtika Intellectual Property, that is associated with a Digital Asset that you own.
“Playtika Intellectual Property” means all intellectual property whether registered or unregistered, owned by or licensed to Playtika or any of its affiliates, subsidiaries, or entities that are owned by or controlled by or associated with Playtika, including copyrighted materials, trade names, trademarks or service marks, trade dress, logos, domain names, and other source identifiers or proprietary elements as well as the names, likenesses, images, voices, or persona of Playtika or individuals, characters, stories, or entities that are owned or controlled by, or associated with, Playtika.
2.1. Because each Digital Asset includes an underlying NFT, when you purchase or otherwise acquire a Digital Asset in accordance with this EULA and any other applicable terms to the marketplace where you purchased the Digital Asset, you own the underlying NFT. Each Digital Asset is specifically associated with certain Content, such that if you own the Digital Asset, you have certain licensed rights in the associated Content as set forth in this EULA. As between Playtika and you, Playtika owns the Content, and you do not acquire ownership interest in the Content, any Playtika Intellectual Property, or any other Playtika assets (tangible, electronic, or otherwise). Any reference to the sale, purchase, or transfer of a Digital Asset does not include the sale, purchase, or transfer of any ownership interest in the Content itself or the underlying copyright.
2.2. Subject to your continued compliance with this EULA and any applicable App Terms, Playtika hereby grants to you, to the extent of its rights in the Content, and for so long as you are the legal owner of the Acquired Digital Asset, the non-exclusive, non-transferable, non-assignable, non-sublicensable right to (a) access, perform, and/or display the Content associated with the purchased NFT as part of the Digital Asset and (b) copy the Content for the sole purpose of displaying it on computers and devices that you own or control or using the Content as an avatar or profile picture as a means of identification, in each case of (a) and (b) solely for your own personal, non-commercial use. You may also display the Content on the App or third-party marketplace in connection with your permitted offer for sale and sale of the NFT. Except as expressly set forth in this EULA, all rights in the Content are expressly reserved by Playtika, and Playtika does not grant you any other rights or licenses, whether by implication, estoppel, waiver, or otherwise.
2.3. Playtika may, at any time, modify, blur, delete, remove, block, edit, replace, obscure, or otherwise change the Content and/or any features, benefits, or functionality of the Content or the Digital Asset with which the Content is associated, including to address changes in applicable law or regulations or in response to orders, requests, or inquiries of any governmental authority anywhere in the world. If Playtika deletes, removes, or blocks the Content associated with your Digital Asset, Playtika may provide you with replacement content to be associated with your Digital Asset, subject to your continued compliance with this EULA (and in such event, such replacement content will then be deemed the “Content” associated with your Digital Asset).
2.4. Digital Assets offered by, for, or on behalf of Playtika may not be purchased or acquired by any current director, officer, employee, or agent of Playtika or any of its corporate affiliates or subsidiaries or an independent contractor of Playtika or any of its corporate affiliates or subsidiaries involved in the development or offering of mobile games, NFTs, or any Web3 or blockchain-based projects. If you are any such director, officer, employee, agent, or independent contractor and you purchase or acquire a Playtika Digital Asset, the license granted in Section 2.2 of this EULA will be deemed null, void, and of no effect or otherwise terminated for all purposes in respect of any rights to the Content and you will not have any rights to any rewards, incentives, perks, or other benefits associated with such Digital Asset.
You will not, nor permit any third party to do or attempt to do any of the following without Playtika’s express prior written consent in each case: (a) modify, or create derivative works based on, the Content in any way, including the shapes, designs, drawings, attributes, look and feel, or color schemes; (b) use the Content for your Acquired Digital Asset, including the name, likeness, image, sound, voice, or persona of any individual or character associated with such Content (“Persona”) to advertise, market, promote, or sell any product or service (whether yours or that of a third party) or otherwise use the Content or any Persona associated with the Content for your or any third party’s commercial benefit; (c) use the Content or any Persona associated with the Content in connection with images, videos, or other forms of media or content that depict hatred, intolerance, violence, cruelty, or anything that could reasonably be found to constitute hate speech or otherwise infringe upon or violate the rights of others; (d) use the Content or any Persona for your Acquired Digital Asset in movies, videos, clips, or any other forms of media; (e) sell, distribute for commercial gain (including giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Content or any Persona associated with the Content; (f) attempt to trademark, copyright, or otherwise acquire any intellectual property rights in or to the Content (including any elements thereof) or any Persona associated with the Content; (g) create, sell, convey, or transfer or attempt to create, sell, convey, or transfer partial or fractionalized interests in any Acquired Digital Asset or the Content associated with such Acquired Digital Asset; (h) separate, unlink, or decouple the Content or any Persona from the Acquired Digital Asset or the underlying NFT with which it is associated; (i) use the Acquired Digital Asset as a medium of exchange as a payment or settlement for the price of goods or services, for the settlement of a debt, or as collateral; (j) use, transfer, or exploit the Content or any Persona in any way, in whole or in part, except as expressly permitted by this EULA; or (k) cause Playtika and/or any of its affiliates or subsidiaries to either (i) violate any laws, regulations, regulatory guidance, or rules or (ii) require or cause Playtika and/or any of its affiliates or subsidiaries to obtain any licenses or be subject to any regulation.
The Content includes Playtika Intellectual Property. As between you and Playtika, such Playtika Intellectual Property is exclusively owned by or licensed by Playtika and/or its affiliates, subsidiaries, or entities that are owned or controlled by, or associated with, Playtika. Your use of such Playtika Intellectual Property is subject to the rights granted above and any additional restrictions imposed by the owner of such Playtika Intellectual Property to the extent that we inform you of such additional restrictions, and you may not use any such Playtika Intellectual Property in connection with any business, product, or service, or in any manner that may imply or signify endorsement of any business, message, product, or service, or that is likely to cause confusion or dilute, blur, or tarnish such Playtika Intellectual Property. All use of such Playtika Intellectual Property, including any goodwill generated by such use, will inure to the benefit of Playtika and/or its affiliates, subsidiaries, or entities that are owned or controlled by, or associated with, Playtika.
You hereby acknowledge and agree that the NFT of a Digital Asset is separate from the Content; the NFT itself is sold or otherwise transferred to you and, by owning the NFT, you receive certain rights to access, display, and/or perform the Content associated with the NFT, subject to and in accordance with this EULA. The license granted in Section 2 above applies only to the extent that you continue to legally own the applicable Acquired Digital Asset. If at any time you sell, swap, donate, burn, give away, transfer, or otherwise dispose of your Acquired Digital Asset for any reason, the license granted to you in Section 2 will immediately expire with respect to the Content associated with that Digital Asset without the requirement of notice, and you will have no further rights in or to the Content for that Digital Asset. You acknowledge and agree that Playtika or its designees or the applicable marketplace operator may receive fees from or in connection with your sale of, and any other future sale of, a Digital Asset via a smart contract embedded in the Digital Asset.
PLAYTIKA’S DIGITAL ASSETS ARE OFFERED ONLY FOR CONSUMER ENJOYMENT AND CONSUMPTION, AND THEY ARE NOT INTENDED FOR INVESTMENT PURPOSES OR TO OTHERWISE MAKE A PROFIT. THROUGH THE APP, PLAYTIKA IMPOSES A CAP ON THE AMOUNT THE DIGITAL ASSET CAN BE SOLD FOR, AS DETERMINED BY PLAYTIKA IN ITS SOLE DISCRETION. YOU MAY NOT SELL, OFFER FOR SALE, MARKET, OR ATTEMPT TO SELL OR TRANSFER AN ACQUIRED DIGITAL ASSET FOR MORE THAN THE AMOUNT PROGRAMMED INTO THE APP. THE PRICE CAP ON ANY DIGITAL ASSET DOES NOT IN ANY MANNER SUGGEST, REPRESENT, WARRANT, OR GUARANTEE A PRICE, A MARKET OR INTRINSIC VALUE FOR, OR AN OPPORTUNITY TO MAKE A PROFIT FROM ANY ACQUIRED DIGITAL ASSET, NOR DOES IT REPRESENT ANY INVESTMENT OR OTHER OPPORTUNITY TO MAKE A PROFIT. PLEASE VISIT https://support.recurforever.com/hc/en-us/articles/13765316008851 FOR MORE INFORMATION ON PRICE CAPS.
Depending on the terms governing your purchase of the Digital Asset, including any marketplace terms, you may not be permitted to sell or otherwise transfer the Digital Asset, or such sales or other transfers may be restricted to the marketplace on which you initially purchased it. To the extent that you are not prohibited from doing so by the terms governing your purchase of the Digital Asset, you may sell or otherwise transfer the Digital Asset to a third party, provided that the following conditions are met:
7.1. such sale or other transfer is conducted through a marketplace or other platform that cryptographically verifies that you are the actual owner of such Digital Asset and requires that any would-be transferee be provided an opportunity to review, and be obligated to agree to, this EULA; and
7.2. such sale or other transfer must comply with (a) any applicable terms of the marketplace or other platform on which such sale or other transfer takes place and (b) any applicable laws, regulations, regulatory guidance, and rules.
Digital Assets minted by, for, or on behalf of Playtika may be associated with certain rewards, incentives, perks, or other benefits, which are non-transferable. Any subsequent sale or transfer of the Digital Asset will not include such rewards, incentives, perks, or other benefits and will only benefit the original purchaser or other recipient of such Digital Asset so long as such purchaser or recipient retains ownership of the Digital Asset. You will not promote or market the sale of any Playtika Digital Asset in a manner that suggests or indicates the inclusion of any such rewards, incentives, perks, or other benefits. Upon sale or other transfer of the Digital Asset, your right to access, display, and/or perform the Content, and any rights with respect to rewards, incentives, perks, or other benefits associated with the Digital Asset, will immediately terminate (without the requirement of notice). Your right to access, display, and/or perform the Digital Asset will also immediately terminate (without the requirement of notice) if you breach this EULA.
CERTAIN FEATURES OF THE APP MAY ALLOW YOU TO EXCHANGE YOUR ACQUIRED DIGITAL ASSET, OR MULTIPLE ACQUIRED DIGITAL ASSETS, IN ORDER TO RECEIVE ANOTHER DIGITAL ASSET (i.e., MERGING A DIGITAL ASSET SET), WHICH MAY HAVE CONTENT, FEATURES, AND/OR BENEFITS THAT ARE DIFFERENT FROM YOUR ACQUIRED DIGITAL ASSETS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF SUCH A FEATURE IS AT YOUR SOLE DISCRETION; YOU ARE SOLELY RESPONSIBLE FOR SELECTING AND VERIFYING THE ACQUIRED DIGITAL ASSETS THAT WILL BE EXCHANGED OR MERGED; THE ACQUIRED DIGITAL ASSETS THAT YOU SELECT WILL CEASE TO BE YOUR ACQUIRED DIGITAL ASSETS AND THIS ACTION CANNOT BE REVERSED; AND YOU WILL NO LONGER OWN THE DIGITAL ASSETS THAT WERE EXCHANGED OR MERGED OR RETAIN ANY RIGHTS TO THEIR ASSOCIATED CONTENT.
THE DIGITAL ASSET IS INTENDED FOR CONSUMER ENJOYMENT, USE, AND CONSUMPTION AND MAY ONLY BE USED FOR THIS INTENDED PURPOSE. YOU REPRESENT AND WARRANT THAT YOU ARE NOT ACQUIRING THE DIGITAL ASSET FOR SPECULATIVE OR INVESTMENT PURPOSES OR TO USE IT AS A FORM OF CURRENCY OR SECURITY. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT (A) ACQUIRING OR PURCHASING AN EQUITY INTEREST OR PROFIT SHARING INTEREST IN PLAYTIKA AND/OR ITS AFFILIATES OR SUBSIDIARIES, THE CONTENT, OR ANY OTHER INDIVIDUALS OR ENTITIES ASSOCIATED WITH PLAYTIKA; (B) ACQUIRING OR ENTITLED TO RECEIVE ANY GOVERNANCE RIGHTS IN PLAYTIKA OR ANY OF ITS AFFILIATES AND SUBSIDIARIES; AND (C) ENTITLED TO RECEIVE ANY FUTURE PAYMENTS UNRELATED TO THE SALE OF THE NFT, SUCH AS A DIVIDEND OR ROYALTY. YOU UNDERSTAND THAT LEGISLATIVE OR REGULATORY CHANGES AT THE STATE, FEDERAL, OR INTERNATIONAL LEVEL MAY ADVERSELY AFFECT YOUR ABILITY TO USE, TRANSFER, SELL, OR EXCHANGE THE DIGITAL ASSET. THE DIGITAL ASSET, INCLUDING THE ASSOCIATED CONTENT, IS PROVIDED TO YOU ON AN “AS IS” BASIS, AND PLAYTIKA EXPRESSLY DISCLAIMS ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
In purchasing a Digital Asset, you acknowledge and agree that you are assuming certain risks that may be associated with NFTs and use of the associated blockchain upon which the NFTs are minted and maintained. There is no expectation or guarantee that any Acquired Digital Asset will have or retain any value after you have purchased it. NFTs are reliant on certain hardware, software, and Internet technologies that may be subject to malfunction, failures, errors, or harmful or malicious attacks by third parties that may result in unauthorized access to information or data that may be stored within your account or digital wallet holding your NFTs. Playtika, its affiliates or subsidiaries, or third-party platform operators do not make any promises or guarantees about the availability of any Digital Asset or that they will host your or any other Digital Asset at any particular location or for any specific period of time. In addition, you assume all risks associated with losing access to the Acquired Digital Asset due to loss of your private key(s); risk of changes to, or developments of, regulatory regimes governing blockchain technologies, Web3, and NFTs, including their taxation and changes that may materially and/or adversely affect the use, value, and utility of the Acquired Digital Asset; and risks of engaging in any transactions relating to any Acquired Digital Asset with third parties, including on any App. You acknowledge and agree that you have obtained information sufficient for you to make an informed decision whether to purchase or sell any Digital Asset and are solely responsible for determining and assessing the nature and appropriateness of all of the foregoing risks.
Playtika is not responsible, and will have no liability to you or any third party, for your loss of or inability to access or use any Acquired Digital Asset, including if such loss of or inability to access or use arises out of or relates to (a) any third-party wallet used to store or manage your Acquired Digital Asset; (b) the termination or closing of any account associated with the Acquired Digital Asset, including where such termination or closure results from your exercise of rights under any data privacy laws requiring deletion of your personal data; (c) your loss of any private keys, account name, or password, or other access credentials; or (d) your failure to withdraw, transfer, or retrieve any Acquired Digital Asset from any associated accounts within the prescribed time period in connection with account suspension, termination, closure, deletion, or dormancy.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PLAYTIKA OR ANY OF ITS AFFILIATES OR SUBSIDIARIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER NON-DIRECT DAMAGES OF ANY KIND IN CONNECTION WITH A DIGITAL ASSET, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OF PLAYTIKA OR ANY OF ITS AFFILIATES OR SUBSIDIARIES FOR ALL DAMAGES, LIABILITY, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE IN CONNECTION WITH OR RELATING TO ANY DIGITAL ASSETS, WILL BE THE GREATER OF THE AMOUNT YOU PAID PLAYTIKA FOR SUCH DIGITAL ASSETS OR $50.00 US DOLLARS. THE LIMITATIONS OF THIS SECTION WILL APPLY EVEN IF ANY REMEDY SET FORTH IN THIS EULA IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You will defend, indemnify, and hold harmless Playtika and its affiliates and subsidiaries and its and their respective directors, officers, employees, licensors, agents, and representatives from any third-party claim or action arising from your breach or alleged breach of this EULA or any unauthorized use or transfer of the Digital Asset or Content.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND PLAYTIKA TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND PLAYTIKA CAN SEEK RELIEF FROM EACH OTHER.
By agreeing to this EULA, you and Playtika agree that any and all past, present, and future disputes, claims, or causes of action between you and Playtika arising out of or relating to this EULA, the Content, any Digital Assets, the formation of this EULA or any other claim or dispute between you and Playtika, and whether arising before or after your agreement to this Section, (collectively, “Dispute(s)”) will be governed by the procedure outlined below. You and Playtika further agree that any arbitration pursuant to this Section will not proceed as a class, group, or representative action.
“Country of Residence” for purposes of this Section 14 means the country in which you hold citizenship or legal permanent residence, as well as any country from which you regularly access and use the App or Content. If more than one country meets that definition for you, then your country of citizenship or legal permanent residence will be your Country of Residence, and if you have more than one country of citizenship or legal permanent residence, it will be the country with which you most closely are associated by permanent or most frequent residence.
If your Country of Residence is in the European Economic Area, no provision in this Section 14 will exclude or restrict any of your statutory rights you may have as a consumer.
14.1. Governing Law.
(a) If your Country of Residence is the United States, this EULA, your use of the Content, and our entire relationship, will be interpreted in accordance with and governed by the laws of the State of New York without regard to conflict- or choice-of-law principles. The agreement to arbitrate contained in this Section 14, its scope, and its enforcement will also be governed by the United States Federal Arbitration Act without regard to conflict- or choice-of-law principles.
(b) If your Country of Residence is not the United States this EULA, your use of the Content, and our entire relationship, including the arbitration agreement contained in this Section 14, will be interpreted in accordance with and governed by the laws of the State of Israel without regard to conflict- or choice-of-law principles.
14.2. Informal Dispute Resolution. Playtika wants to address your concerns without needing a formal legal case. Before filing a claim against Playtika, you agree to try to resolve the Dispute informally by contacting firstname.lastname@example.org. Similarly, Playtika will undertake reasonable efforts to contact you (if we have contact information for you) to resolve any claim we may possess informally before taking any formal action. If a dispute is not resolved within 15 days after the email noting the Dispute is sent, you or Playtika may initiate an arbitration proceeding as described below.
14.3. We Both Agree To Arbitrate. By agreeing to this EULA, you and Playtika each and both agree to resolve any Disputes through final and binding arbitration as discussed herein, except as set forth under “Exceptions to Agreement To Arbitrate” below.
14.4. Opt-out of Agreement to Arbitrate. You may decline this agreement to arbitrate by contacting email@example.com within 30 days of first accepting this EULA and stating that you (include your first and last name) decline this arbitration agreement. By opting out of the agreement to arbitrate, you will not be precluded from using the App or Content, but you and Playtika will not permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the terms otherwise provided herein.
14.5. Additional Remedies. Notwithstanding the foregoing, Playtika and you agree that any Disputes that arise from Playtika Intellectual Property, including alleged infringement or other unauthorized or unlawful use of Playtika Intellectual Property, or in the event that the agreement to arbitrate is found not to apply to you or your claim, will be exclusively brought by judicial proceeding in the United States District Court for the Southern District of New York and subject to federal and New York state laws. We and you expressly consent to the application of such laws and to personal jurisdiction and venue in New York, New York with respect to such Disputes.
14.6. Arbitration Procedures and Fees.
(a) If your Country of Residence is the United States, you and Playtika agree that the American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes in effect at the time arbitration is sought. Those rules are available at www.adr.org. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. You and Playtika further agree that the arbitration will be held in New York, New York, or, at your election, will be conducted telephonically or via other remote electronic means. The AAA rules will govern payment of all arbitration fees.
(b) If your Country of Residence is not the United States, you and Playtika agree that the Center of Arbitration and Dispute Resolution (www.israelcourts.co.il) (“CADR”) will administer the arbitration, which shall be conducted in accordance with its rules in effect at the time arbitration is sought, and in accordance with the Israeli Arbitration Law, 5728-1968, as amended. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. You and Playtika further agree that the arbitration will be held in English and in Tel Aviv-Jaffa (Israel), or, if you so elect, all proceedings can be conducted telephonically or via other remote electronic means. The CADR rules will govern payment of all arbitration fees.
14.7. Arbitration Will Proceed Individually. Regardless of your County of Residence or the rules of a given arbitration forum, you and Playtika agree that the arbitration of any Dispute shall proceed on an individual basis, and neither you nor Playtika may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration (each, a “Collective Arbitration”). Without limiting the generality of the foregoing (and as an illustrative but not exhaustive example), a claim to resolve any Dispute against Playtika will be deemed a Collective Arbitration if (i) two or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (ii) counsel for the claimants are the same, share fees, or coordinate across the arbitrations. “Concurrently” for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.
14.8. Class Action and Collective Arbitration Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR PLAYTIKA WILL BE ENTITLED TO CONSOLIDATE, JOIN, OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION (AS DEFINED ABOVE) OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY OR OTHERWISE SEEK TO RECOVER FOR LOSSES INCURRED BY A THIRD PARTY. IN CONNECTION WITH ANY DISPUTE, ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED.
14.9. Exceptions to Agreement to Arbitrate. Notwithstanding your and Playtika’s agreement to arbitrate Disputes, either you or Playtika may bring a lawsuit in a court of law asserting causes of action which seek only temporary injunctive relief until an arbitrator can be empaneled and determine whether to continue, modify or terminate such relief, to compel arbitration pursuant to this Section 14 or to enforce any arbitral award issued hereunder. Additionally:
(a) If your Country of Residence is the United Kingdom or in the European Economic Area, notwithstanding your and Playtika’s agreement to arbitrate Disputes, either you or Playtika also may assert claims, if they qualify, through the small claims process in the courts of your Country of Residence. If your Country of Residence is in the European Economic Area, you may also use the Online Dispute Resolution platform offered by the European Commission https://ec.europa.eu/consumers/odr/. Please note that Playtika will not be required to use this or any other alternative dispute resolution platform.
(b) If your Country of Residence is not the United States, the United Kingdom or in the European Economic Area, notwithstanding your and Playtika’s agreement to arbitrate Disputes, either you or Playtika may also assert claims, if they qualify, through the Small Claims Court in Tel Aviv-Jaffa, Israel, or if a court in your Country of Residence would not recognize such a requirement (notwithstanding the provisions of this Section), then in a small claims court or the equivalent in your Country of Residence.
14.10. Severability. If any portion of this Section 14 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision will be severed from this EULA; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 14 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 14; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 14 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 14 will be enforceable.
This EULA does not, and may not be construed to, create any partnership, joint venture, or agency between you and Playtika. If any provision of this EULA is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from this EULA and will not affect the validity and enforceability of any remaining provisions. “Include”, “includes” and “including” are not limiting and will be construed to be followed by “but not limited to,” and “or” will not be interpreted as exclusive. You may not assign or transfer this EULA (including any rights or obligations hereunder), and any purported assignment or transfer will be null and void. This EULA constitutes the entire agreement between you and Playtika with respect to the Content associated with a Digital Asset and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Playtika relating to the Digital Asset or Content. Playtika will have the right to transfer, assign, delegate, or novate any of its rights or obligations under this EULA to any other entity or person.