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SNEAK OUT©
TERMS & CONDITIONS
The Sneak Out© game (“Sneak Out”) is a free-to-play, multiplayer (coop) video game developed and published by Kinguin Studios sp. z o.o. (a limited liability company) with its seat in Poland. Sneak Out is currently available via the Steam Platform, but may in the future be made available via other platforms as well.
BY ACCESSING AND PLAYING SNEAK OUT, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (the "T&C"). IF YOU DO NOT AGREE WITH ANY OF THE BELOW PROVISIONS, YOU SHOULD NOT ACCESS OR USE SNEAK OUT©.
IF YOU HAVE YOUR PLACE OF RESIDENCE IN THE UNITED STATES OF AMERICA: THESE T&C INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT, AS WELL AS LIMITATION OF LIABILITY AND CHANGES TO GOVERNING LAW THAT WOULD OTHERWISE APPLY.
IF YOU HAVE YOUR PLACE OF RESIDENCE IN OTHER COUNTRIES THAN THE UNITED STATES OF AMERICA THESE T&C MAY INCLUDE LIMITATION OF LIABILITY, ARBITRATION CLAUSE AND CHANGES TO GOVERNING LAWS THAT WOULD OTHERWISE APPLY, WITHOUT DEROGATION FROM MANDATORY CONSUMER LAWS. PLEASE REVIEW THESE T&C CAREFULLY BEFORE ACCESSING AND PLAYING SNEAK OUT©.
Due to Steam’s limitations we are unable to provide Users with a PDF file of these T&C at the moment they install Sneak Out© and accept the T&C. IF YOU WISH TO OBTAIN THESE T&C IN A PDF FILE PLEASE CONTACT US VIA STEAM’S IN-BUILT FUNCTIONALITY (SEE SUPPORT TAB) OR VIA E-MAIL TO THE FOLLOWING ADDRESS: [email protected]
WELCOME TO SNEAK OUT©!
1. GENERAL PROVISONS
1.1. The developer and publisher of Sneak Out© is Kinguin Studios sp. z o.o. (limited liability company) (“Kinguin”), with its registered office at ul. Nowogrodzka 50/515, 00-695 Warsaw, Poland.
1.2. Sneak Out© is AVAILABLE TO ALL PERSONS (DEFINED AS “USER” OR “YOU”) INCLUDING ANY NATURAL PERSON WHO USES SNEAK OUT© ACTING FOR PURPOSES WHICH ARE OUTSIDE THAT PERSON'S TRADE, BUSINESS, CRAFT, OR PROFESSION (“CONSUMER”) WHO HAVE REACHED THE AGE THAT UNDER THE APPLICABLE LAW OF THEIR HABITUAL PLACE OF RESIDENCE ALLOWS THEM TO ENTER INTO BINDING CONTRACTS AND MANAGE THEIR PERSONAL DATA (“the Majority Age”). Note that per Steam Subscriber Agreement You cannot use Steam (and therefore install Sneak Out©) if you are under 13.
1.3. If You have not reached the Majority Age (“the Minor User”), Kinguin will require Your parent or legal guardian (“the Guardian”) to consent to Your accessing and using Sneak Out© and acceptance of these T&C. IF YOU ARE A GUARDIAN OF A MINOR USER, BY PERMITTING THE MINOR USER TO ACCESS AND USE SNEAK OUT©, YOU THE GUARDIAN BECOME SUBJECT TO THE T&C AND AGREE TO BE RESPONSIBLE FOR THE MINOR USER’S ACTIVITIES CONNECTED WITH ACCESS AND USE OF SNEAK OUT©. If the Minor User’s Guardian does not agree to the T&C, the Minor User may not access or use the Sneak Out© . Note that most online video game platforms offer family accounts, allowing Guardians to control various aspects of their children's interaction with video game platforms. See e.g. Steam Family View.
1.4. When You launch the Sneak Out© via Steam, Steam will share Your Steam ID, nickname and a friend list with Kinguin. Kinguin will process these and gameplay data in accordance with the Sneak Out Privacy Policy in order to track and display Your results and be able to maintain continuity of Sneak Out© experience (track progress) as well as enable You to match with Your friends. Note that Steam may also track User’s progress independently of Kinguin and subject to Steam’s own privacy policy. Kinguin may allow You to assign Sneak Out© account and progress with third party services e.g. for marketing campaigns, subject to separate information, instructions, terms and based on Your consent.
1.5. As part of the Sneak Out©, Kinguin will aim to match Users with their friends or other opponents who generally align with Users’ overall skill level in-game. These matched opponents may be auto-generated players (non-player characters) that simulate real people in order to preserve the competitiveness and fun level (in particular maintain a sufficient number of player participants).
1.6. Using Sneak Out© may involve common risks resulting from using the Internet, including risk of hacking, infecting User’s systems with malicious software (incl. viruses, Trojan horses etc.), facing abusive people, attempts at fraud, social engineering etc. It is recommended that all Users use up-to-date antiviruses and anti-malware software as well as apply generally recommended technical measures (including use of strong and unique passwords) to minimize the risks. In case of any such situation User may contact Kinguin as per Clause 9.1, so we may undertake measures against the violating User as per Section 5; we may also assist User to the extent reasonably practicable, including by directing to proper authorities or support groups or sharing helpful information and guidance.
1.7. Minimum system requirements for Sneak Out© are displayed on Steam’s dedicated Sneak Out©’s page: Windows 10, Intel Core 2 Duo E8400 | AMD Phenom II X4 968, 4 GB Memory, 2 GB disk space, AMD Radeon HDD 7750 | NVIDIA GeForce GTX 260, Broadband internet connection.
1.8. Without prejudice to applicable laws prohibiting geoblocking and georestrictions, in particular for Users having their place of residence in the EU without prejudice to the Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market, the features of Sneak Out© and availability of Items, may differ across different jurisdictions to ensure compliance with applicable laws. Consequently, no guarantee is given that the same type and extent of benefits, features and functions will be available to all Users in all jurisdictions.
1.9. Kinguin will use its reasonable efforts to maintain availability of Sneak Out© to Users for at least 90% of time. However, there may occur occasional, unscheduled outages which are beyond our control, e.g., due to external events (hacking, cloud services interruption, internet service provider’s issues) as well as scheduled technical maintenance breaks related to, among others, introduction of new features (in particular security features, UX changes), removal of defects and general optimization of Sneak Out©; when possible, Kinguin will try to schedule the maintenance for night time (CEST) and limit the periods when Sneak Out© is unavailable, but makes no commitments in this regard.
2. DYNAMIC PRODUCT
2.1. In order to keep Users engaged and entertained, Kinguin may introduce new content (including in-game items, features) and patches eliminating bugs and errors. To do so, Kinguin may require Users to install updates (for Steam’s Users updates will be issued through Steam’s in-built functionality). Because of the multiplayer nature of Sneak Out©, all updates must be installed by all Users; therefore if You refuse an update, You may not be able to access and play Sneak Out© until You install the update.
2.2. Kinguin undertakes that:
2.2.1. updates will NOT affect Users acquired rights in relation to purchased paid content (e.g. updates will not deprive Users of the in-game items they purchased and these items will be available to Users for an agreed period of time);
2.2.2. updates may affect the initial level of usefulness of a given item by introducing new items unless otherwise specified (e.g. Kinguin may introduce a special weapon that counters the previously issued armor or a jetpack that will speed up the movement of a character the most in a given season will be slower than a racing car released in the next season; in both cases Users will be able to use their previously purchased items though; additionally, some items may guarantee a particular advantage or bonus for a specified time, in which case Kinguin will preserve the advantage for the agreed time);
2.2.3. in extreme cases, updates may affect the already purchased item (e.g. change its statistics or mechanics) if the particular item is mistakenly overly “unbalanced” leading to a major competitive advantage over other Users that distorts the balance of Sneak Out© in an unreasonable manner, where the impact of Users’ skill and luck becomes negligible. Such situations will be dealt with on a case-by-case basis and Kinguin will act in good faith to ensure that Users’ consumer rights are not violated and that Users are properly notified.
3. IN-GAME PAYMENTS
3.1. Playing Sneak Out© is generally free of charge (Internet charges may apply). However, Kinguin may introduce additional paid content subject to separate announcements and as per information displayed in Sneak Out©, Steam or other channels; the content may include, e.g., in-game items (e.g. avatars, skins, character skills, so called “in-game currency” or digital points), the in-game items bundles or premium features. Some content may be obtainable otherwise than through purchase (or in both ways), e.g. by participating in marketing campaigns, completing in-game tasks etc., subject to separate information or announcements. BEFORE MAKING ANY PURCHASE PLEASE CHECK USAGE RIGHTS, DESCRIPTION, DISCLAIMERS AND ANY TERMS, BECAUSE CONTENT MAY DIFFER FROM EACH OTHER, MAY BE LIMITED BY TIME OR CIRCUMSTANCES (E.G. CONTENT MAY BE OFFERED FOR A SPECIFIC PERIOD OF TIME) AND IN CASE OF ANY QUESTIONS DO NOT HESITATE TO CONTACT US AT [email protected].
3.2. When playing Sneak Out©, You may be awarded different categories of points for completing certain tasks, as per announcements and information displayed in the game (“the Points”); Points can also be purchased.
3.3. Paid content may be purchased with real (FIAT) money or, in some cases, may be accessed by spending Points or a mix of real money and Points (spending Points may reduce the overall price).
3.4. You may purchase paid content from within Sneak Out©, from Steam or partner platforms, in particular www.kinguin.net operated by Kinguin Digital Limited (a limited liability company) with its seat in Hong Kong subject to their external terms & conditions.
3.5. Payments are processed by external payment providers and Kinguin is not a party to the agreement between You and the entity that You use to make payments. Payments made in Sneak Out© or at Steam platform are handled by Steam or third parties designated by Steam, in accordance with the relevant Steam policy (for withdrawal right and Steam refund policy please see: https://store.steampowered.com/steam_refunds/).
3.6. The Points and all the in-game content (purchasable or obtainable otherwise) have no cash value, are not redeemable for cash or any other form of payment (e.g. book, bank or electronic money) and in general cannot be transferred to third parties (e.g. other Users), unless otherwise communicated. Kinguin does not undertake to purchase such items back from Users or third party acquirers or exchange these for anything else of value or not.
3.7. Certain content, such as the season battle pass or other limited time offers (as indicated in Sneak Out©), can only be purchased by the User once and may only be used for a period of time determined by Kinguin before the purchase of such content.
3.8. Access to and use of all in-game content is conditional on User being able to access Sneak Out©. You will not be able to use the content if You decide to uninstall Sneak Out©, terminate this agreement or Kinguin blocks You from using Sneak Out© as per Section 5 below.
4. KINGUIN IP & / USER CONTENT
4.1. Kinguin is the sole owner of all the rights and interests to Sneak Out©, in particular copyrights and industrial property rights. All the titles, ownership and intellectual property rights to Sneak Out©, its content and materials available in Sneak Out© or created based on Sneak Out© (including titles, characters, character names or profiles, stories, dialogue, animations, art, concepts, content, audio sounds and effects, musical compositions, visual effects, methods of operation, documentation, moral rights, in-game chat transcripts, all recordings of games and game play, and items appearing or originating in the game, whether provided, earned or purchased) are protected by national laws and international treaties and remain with Kinguin. Nothing in these T&C or any other communication by Kinguin should be construed otherwise.
4.2. Kinguin’s and Sneak Out’s© logos and related visual elements displayed in Sneak Out©, are registered trademarks or trademarks of Kinguin or its licensors, protected by national laws and international treaties. Unauthorized use, copying, modification and publication of Kinguin’s or its licensors trademarks is prohibited and Kinguin will pursue all applicable rights through appropriate channels to protect its interests in this regard.
4.3. Kinguin grants and Users accept a non-exclusive, royalty-free, non-transferable, revocable license to use Sneak Out© for personal, non-commercial purpose, as well as for journalism and online streaming of Sneak Out© gameplay by community influencers, subject to the T&C. This license ends upon (i) termination of the Agreement by either Party, (ii) the User’s removal of Sneak Out© from his account at Steam, (iii) Kinguin permanently blocking the User from using Sneak Out© as per Section 5 below.
4.4. We encourage You to use Sneak Out© to create fan art (“Fan Art”) and share it with third parties and public through social media, blogs, email correspondence and group messaging. For example, we encourage You to disseminate screenshots or videos from Sneak Out©, stream Sneak Out© publicly, create memes, images, wallpapers inspired by Sneak Out© and use these for a non-commercial purpose, as well as for journalism and online streaming of Sneak Out© gameplay by community influencers. However, YOU MAY NOT: COPY OR REPRODUCE SNEAK OUT©, INTRODUCE IT TO TRADE, DISSEMINATE SNEAK OUT© OR ANY PART THEREOF IN ANY OTHER WAY THAN SPECIFIED IN THE PRECEDING SENTENCE, MODIFY SNEAK OUT© OR ANY PART THEREOF, CREATE ANY PRODUCTS USING SNEAK OUT© OR ANY PART THEREOF (INCLUDING ITEMS), AS WELL AS SELL OR OTHERWISE DISTRIBUTE SNEAK OUT© OR ITEMS, REVERSE ENGINEER, DISASSEMBLE, DECOMPILE, DECODE, ADAPT OR OTHERWISE ATTEMPT TO DERIVE OR GAIN ACCESS TO SNEAK OUT©’S SOURCE CODE OR ANY PART THEREOF, COPY, PHOTOCOPY, REPRODUCE, PUBLISH, DISTRIBUTE, TRANSLATE SNEAK OUT©, CREATE DERIVATIVE WORKS OF SNEAK OUT© OR REMOVE ANY PROPRIETARY NOTICES AND LOGO IN SNEAK OUT© (IN PARTICULAR KINGUIN’S), USE SNEAK OUT© OR ANY OF ITS CONTENT IN ANY WAY WHATSOEVER FOR THE PURPOSE OF DEVELOPING, TRAINING, IMPROVING OR PROVIDING SOURCE MATERIAL FOR GENERATIVE ARTIFICIAL INTELLIGENCE TOOLS, USE SNEAK OUT© TO CREATE MALICIOUS OR ABUSIVE CONTENT OR USE SNEAK OUT© (OR ANY PART THEREOF, INCLUDING TECHNOLOGY CONTAINED THEREIN) IN ANY MANNER WHICH INFRINGES OR VIOLATES ANY INTELLECTUAL PROPERTY RIGHT OR OTHER RIGHT OF ANY PERSON OR THE APPLICABLE LAW. IN CASE OF VIOLATION OF ANY OF THE ABOVE RULES, KINGUIN SHALL BE ENTITLED TO STOP YOU FROM USING SNEAK OUT© AND WILL PURSUE ALL AVAILABLE LEGAL MEASURES TO ENSURE PROTECTION OF ITS RIGHTS, INCLUDING BY NOTIFYING APPROPRIATE AUTHORITIES AND PURSUING CLAIMS BEFORE COURTS.
4.5. Any Fan Art that User publicly shares, posts or displays will be considered non-confidential and non-proprietary. User hereby grants Kinguin a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Fan Art throughout the world in any media. For example, Kinguin will be entitled to share such Fan Art publicly through its social media accounts or email newsletters for the purpose of promoting Sneak Out© or allow third party partners to do the same. User represents and warrants that User owns or otherwise controls all of the rights to the Fan Art, that the Fan Art is accurate and not fraudulent or deceptive; and that the Fan Art does not violate these T&C or the rights (intellectual property rights or otherwise) of any third party.
4.6. Without prejudice to personal use of trademarks, copyrights or any other intellectual property, permitted by applicable law, all rights not expressly granted to the User in these T&C are reserved and retained by Kinguin or third-party.
5. PROHIBITED ACTIVITIES
5.1. In the interest of maintaining a secure, respectful, and lawful gaming environment, Kinguin mandates compliance with these T&C by all Users of Sneak Out©. This Section 5 outlines the obligations and prohibited actions under these T&C and details the remedies Kinguin may employ in the event of violations.
5.2. When using Sneak Out©, Users are obliged to act in compliance with applicable laws, these T&C and commonly accepted rules of online conduct (see e.g. Steam Online Conduct Rules), as well as in accordance with the relevant game platform that was used to access Sneak Out© (e.g. with Steam Subscriber Agreement), and with proper respect to Kinguin’s and Users’ personal rights, including right to privacy, safety, dignity and respect to the functioning and purpose of Sneak Out©. In particular, the following actions are prohibited:
5.2.1. any breach of these T&C, e.g. through violation of licensing terms specified in Section 4, use of Sneak Out© by underage Users without consent from the Guardian,
5.2.2. using Sneak Out© to engage in unlawful activities (incl. by sharing unlawful content), disrupt, interfere or disturb the use of Sneak Out© by other Users;
5.2.3. violation of other Users’ personal rights;
5.2.4. using tools that provide unfair competitive advantages inconsistent with the general purpose of Sneak Out© or modifying its content (cheating);
5.2.5. impersonation of any person, or misrepresentation of User’s identity or affiliation with any person or organization;
5.2.6. the use of automation scripts, bots and programs, which may cause server performance issues, disrupt Sneak Out©'s operation, attempt to circumvent Sneak Out©’s security, compliance or anti-fraud measures. This includes DoS attacks, spam, computer intrusions, transmission of computer viruses, worms, Trojan horses, cleaning agents, spyware, corrupted files and time bombs;
5.2.7. any attempt to transmit illegal or immoral content through Sneak Out©, in any form, including in the form of communication, such as: illegal hate speech or terrorist content, pornography, child sexual abuse, unlawful discriminatory content, unlawful non-consensual sharing of private images and videos, online stalking, the non-authorised use of copyright protected material, and any other illegal content in the understanding of applicable laws;
5.2.8. use of stolen payment methods, credit or debit cards, stolen identity means or authorization means to process payment without authorization;
5.2.9. attempt to obtain or phish for passwords, account information or other private information from Users;
5.2.10. misuse of Sneak Out©, by frequently providing manifestly unfounded notices or complaints regarding Sneak Out©, its content, other Users. Notices shall be considered manifestly unfounded where it is evident to a layperson, without any substantive analysis, that the notices or complaints are unfounded.
5.3. Maintaining a safe, fair, and legal operating environment in regard to Sneak Out© is paramount to ensuring a positive experience for all Users. To achieve this, we rely on the vigilance and active participation of our community. Whether You are directly involved or a witness to questionable activities, Your reports are critical in helping us uphold our community standards and take appropriate action against violations. We strongly encourage You to notify any inappropriate or questionable behavior or practice by any User in Sneak Out©, by use of Steam’s in-built functionality or by contacting us at: [email protected], whether You believe that Your rights or interests were violated by another User in relation to using Sneak Out© or there has been a violation of applicable laws, rights or these T&C in any manner. To the extent possible, we encourage any such information to contain detailed information about the alleged violation, including explanation as to why the particular situation has been regarded as violation or an illegal content, screenshots and contact details to the person making the submission (name / nickname, email address). Our support team is trained to handle Your concerns with the utmost confidentiality and professionalism.
5.4. Kinguin shall, as permitted by applicable law, have the right, without limitation and without any obligation, to: (a) investigate any suspected breaches as specified in Clause 5.2; (b) involve and cooperate with law enforcement authorities in connection with any of the foregoing matters; (c) prosecute violators of these T&C.
5.5. In case Kinguin receives a credible information or has other reason to suspect that an incident involving a breach as specified in Clause 5.2 has occurred, if necessary to prevent further damage or breach Kinguin may take immediate prevention measures, including suspending (for maximum 3 months) Your access to Sneak Out©, pending investigation.
5.6. Based on the findings of the investigation, Kinguin will determine the most suitable remedy to address the breach. This could range from issuing warnings to Users (when a breach is a one-time incident and Kinguin decides that its nature and severity do not pose a threat to the integrity of Sneak Out©, to Kinguin and to other Users) or, when a warning is insufficient due to the nature and severity of the breach, permanent suspension of access to Sneak Out©, blocking of future access to Sneak Out© or other actions as deemed appropriate.
5.7. Throughout the investigative and remedial process, Kinguin is committed to maintaining transparency and fairness, ensuring that all actions taken are justified and proportionate to the nature of the breach, therefore You will be notified of the investigation outcome and will be allowed 14 days to challenge the decision.
5.8. Kinguin will conduct a thorough internal review of any challenge raised by the User against an enforcement action. Upon completing the review of a User’s challenge, should Kinguin find the User's explanation satisfactory and justifiable, the temporary measures imposed will be rescinded. If the User’s challenge is rejected, Kinguin will notify the User of the decision to uphold the enforcement action, providing detailed reasons for the rejection to ensure transparency and will also inform the User of any further rights to appeal or to seek alternative dispute resolution mechanisms available.
5.9. The procedures outlined above are implemented with full respect for consumer rights, including the right to submit complaints, lodge claims, or request alternative dispute resolution. These rights are preserved in accordance with applicable laws and the provisions of these T&C. Users seeking further information on how to exercise these rights are encouraged to contact us at: [email protected].
5.10. Kinguin may notify the relevant video game platform’s operator (e.g. Steam) used to access Sneak Out© about the User’s breach as covered by Clause 5.2.
5.11. Kinguin is committed to full legal compliance and cooperation with law enforcement and other public authorities. This commitment extends to all investigations related to Users’ activities in Sneak Out©, whether they are administrative, tax-related, criminal, or civil. Kinguin will comply with all legal obligations, which may include disclosing Users’ details and transaction data when legally required. This cooperation ensures that Kinguin adheres to the highest standards of legal accountability and integrity in its operations.
6. TERMINATION
6.1. These T&C constitute an agreement between You and Kinguin under which You are authorized to access and play the Sneak Out© subject to conditions specified herein (the “Agreement”). The Agreement is entered into when You accept these T&C after launching Sneak Out©. You may stop playing Sneak Out©, uninstall Sneak Out©, terminate this Agreement at any time, without any reason and without incurring any cost or charge; to do so You may use Steam’s in-built functionality or contact us at [email protected].
6.2. We may terminate this Agreement and prevent You from accessing Sneak Out© in case of: (i) violation as per Section 5; (ii) if we discontinue Sneak Out© subject to Clause 6.5 or (iii) if we discontinue making Sneak Out© available on your selected platform (e.g. we stop cooperating with Steam). In each case we will notify You and cooperate in good faith to ensure that Your progress is not lost.
6.3. IF YOU OR KINGUIN TERMINATE AGREEMENT, YOU WILL LOSE ACCESS TO ANY DATA REGARDING YOUR PREVIOUS USE OF SNEAK OUT©; THIS WILL INCLUDE IN PARTICULAR YOUR PROGRESS, STATISTICS, FRIENDS LIST, THE COLLECTED POINTS, ACTIVATED ITEMS AND PURCHASED OR OTHERWISE OBTAINED IN-GAME CONTENT.
6.4. If You uninstall Sneak Out© or remove Sneak Out© from Your Steam’s account (library) by use of Steam’s in-built functionality we will maintain the record of Your previous use of Sneak Out© (unless requested otherwise by You), in order to allow continuity of progress upon reinstallation. In this case, You will maintain Your previously purchased in-game content, collected Points etc.
6.5. Kinguin may decide to limit (e.g. by introducing paid tiers), temporarily suspend or permanently stop making Sneak Out© available to Users due to a change of its commercial strategy, upon an announcement via applicable channels (incl. Steam game page) with a 3-month notice (but in all cases not earlier than by the end of the current in game season season). ADDITIONAL CLARIFICATION FOR USERS HAVING THEIR PLACE OF RESIDENCE IN THE US: KINGUIN SHALL, AS PERMITTED BY APPLICABLE LAW, HAVE THE RIGHT TO DISCONTINUE SNEAK OUT©, IN WHOLE OR IN PART, OR SUSPEND OR TERMINATE USER’S ACCESS TO IT, IN WHOLE OR IN PART, AT ANY TIME, WITHOUT NOTICE, FOR ANY REASON AND WITHOUT ANY OBLIGATION TO USER OR ANY THIRD PARTY.
7. CHANGES TO THE SNEAK OUT OR THESE T&C
7.1. These T&C may be amended by Kinguin upon a 15-day notice, unless a shorter period is required by mandatory laws or a decision by a state court or arbitral tribunal, state authorities or a relevant platform used to access Sneak Out© (e.g. Steam), in either of the following cases:
7.1.1. If and to the extent that such a change is necessary to ensure compliance with laws governing Sneak Out© or Kinguin and applicable Steam terms and conditions.
7.1.2. If such an amendment does not negatively affect Users’ already acquired rights and obligations with respect to purchased Items and collected Points.
7.2. As an online video game, Sneak Out© relies on dynamically changing market trends and the need to constantly adapt and introduce new features to keep Users engaged. Consequently, the following elements may change at any time, based on the current Sneak Out© development strategy, third-party partners (e.g. payment partners) and industry standards, without changes to these T&C and without affecting Consumers’ already acquired rights with respect to already purchased Items and collected Points:
7.2.1. introduction of new ways of collecting Points or in-game content, introduction of new types Points or in-game content, as well as removing old types and changes to the existing ones - in all cases subject to Section 2 above;
7.2.2. changes caused by amendments in relevant video game platform policies or terms (e.g. Steam’s) used to access Sneak Out©;
7.2.3. Kinguin may cancel, suspend or change current or introduce new functionalities of Sneak Out© (e.g., new ways of sorting Items in inventory, pre-game lobby features, recommendations), in order to improve User’s experience, for security and compliance reasons, to offer new ways of interacting with Sneak Out©, introduce new Items, Points and services and reflect Kinguin’s commitments towards its contracting parties;
7.2.4. changes necessary to ensure protection of minors;
7.2.5. changes necessary to ensure compliance with legal requirements, including based on new legal regulations, new interpretation of law or new caselaw and authorities’ position.
7.3. If You do not accept the amended T&C or other changes to the game as per this Section 7, You may stop playing Sneak Out© or terminate the Agreement as per Clause 6.1.
8. LIABILITY
8.1. FOR CONSUMERS HAVING THEIR HABITUAL PLACE OF RESIDENCE IN THE EUROPEAN UNION AND UK:
8.1.1. Kinguin shall take reasonable care to ensure proper functioning of Sneak Out© and shall be liable for proper performance of these T&C subject to applicable laws of User’s place of residence.
8.2. FOR RESIDENTS IN UNITED STATES OF AMERICA:
8.2.1. SNEAK OUT© IS PROVIDED TO USERS ON AN ‘AS-IS’ AND ‘AS-AVAILABLE’ BASIS, WITHOUT ANY WARRANTY, WHETHER EXPRESS OR IMPLIED. KINGUIN DOES NOT WARRANT THAT SNEAK OUT© OR ANY PART THEREOF WILL BE UNINTERRUPTED, SECURE, FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM KINGUIN OR ANY THIRD PARTY SHOULD BE DEEMED A WARRANTY OF SNEAK OUT©’S QUALITY.
8.2.2. To the extent permitted by applicable law, Kinguin will not be liable for any damage (including actual damage and lost profit), arising out of or relating to the use or inability to use Sneak Out© regardless of the legal basis for the liability.
8.2.3. To the extent permitted by applicable law, Kinguin may not be held liable, either directly or indirectly, under any grounds or legal theory (including contract and tort claims) whatsoever, for:
a. any lost profit, indirect, incidental, consequential, special, punitive or exemplary damages;
b. any damage arising out of or related to the use or inability to use Sneak Out© or faulty functioning of Sneak Out© and any part of its systems or features, including any malfunction, hacking, unsuitability, irrespective of the cause;
c. any action, failure or omission of third parties, including third party service providers Kinguin uses to make Sneak Out© available to Users;
d. losses incurred through the use of fraudulently acquired payment data, private keys, passwords or other contractual data (e.g. "phishing" of credit card data, identity theft, etc.);
e. third parties gaining access to User’s Sneak Out© account due to User’s own actions or failures (i.e. reusing leaked password);
f. any loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses.
8.2.4. Kinguin shall not be held liable for any loss or damages of any kind, delays, interruptions, or errors caused directly or indirectly by uncontrollable and unforeseeable forces, e.g. acts of nature and circumstances beyond Kinguin’s reasonable control, Internet failures, computer hardware malfunctions, telecommunications issues, other equipment failures, blackouts, strikes, labor actions, riots, insurrections, civil commotion, shortages of labor or materials, fires, floods, storms, explosions, war, terrorism, changes in law, government or regulatory actions, court or tribunal orders, or negligence by third parties not related to Kinguin, physical obstructions, lockouts and natural disasters.
8.2.5. INDEMNITY: To the fullest extent allowed by applicable law, you agree to indemnify, defend, and hold Kinguin, its partners, affiliates, licensors, contractors, officers, directors, employees, and agents harmless from all damages, losses and expenses arising directly or indirectly from your breach of this T&C and your acts and omissions in using Sneak Out© pursuant to these T&C.
8.2.6. The limitations and exclusions of liability under Clauses 8.2 apply to the fullest extent permitted by law and will be effective regardless of a user giving notice to Kinguin that such damage may occur.
8.3. FOR USERS OUTSIDE THE UNITED STATES OF AMERICA AND OUTSIDE THE EUROPEAN UNION AND UK:
8.3.1. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY UNDER CLAUSE 8.2 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THE LIMITATIONS AND EXCLUSIONS DO NOT APPLY TO ANY DAMAGE CAUSED BY KINGUIN ACTING DELIBERATELY, TO THE EXTENT THAT APPLICABLE LAW PROHIBITS EXCLUSION OR LIMITATION OF LIABILITY IN SUCH CASES. KINGUIN IN NO WAY INTENDS TO EXCLUDE MANDATORY APPLICABLE LAWS (INCLUDING ESPECIALLY CONSUMER LAW), IN CASE OF ANY DOUBT AS TO THE EXTENT OF KINGUIN'S LIABILITY - USER IS REQUESTED TO CONTACT [email protected] OR EXTERNAL COUNSEL.
9. COMPLAINTS
9.1. The User has the right to submit a complaint regarding any matter connected with the provision of Sneak Out© by Kinguin (“the Complaint”). The Complaint may be submitted via Steam’s in-built functionality (see Support tab at Sneak Out’s© dedicated page) or via e-mail to the following address: [email protected] or by traditional mail to our registered address. To expedite processing of the Complaint, Kinguin recommends that the Complaint includes at least: the User’s full name, Steam ID, e-mail address, description of circumstances justifying the Complaint and the User's request related to the Complaint. The User will receive response to the Complaint within 14 days from the Complaint’s receipt by Kinguin, unless Kinguin is unable to process it within this period due to lack of all necessary information. In such a case, Kinguin will inform the User about the delay and the missing information within 14 days of the Complaint’s receipt and the response to the Complaint will be provided within 14 days from the date of receipt of supplementary information by Kinguin. The response to the Complaint is sent by e-mail to the address indicated in the Complaint, unless the User requests to receive the response by traditional mail to an address indicated in the Complaint.
9.2. If not required by the applicable law, Kinguin is not willing to resolve any disputes that may arise between Kinguin and the User in connection with access and use of Sneak Out© through alternative dispute resolution before a consumer arbitration panel. However, Kinguin informs that all Consumers with a place of residence in the EU, Norway, Iceland or Liechtenstein are entitled to an online dispute resolution mechanism – for more information see the ODR platform of the European Commission. For information on available consumer rights and alternative dispute resolution (ADR) mechanisms see Your Europe portal.
10. FINAL PROVISIONS
10.1. Kinguin and each User are independent contracting partners and nothing in these T&C is or shall be construed as leading to an establishment of any agency, partnership, joint venture, employment or franchise between them.
10.2. If any provision of these T&C turns out to be invalid or unenforceable, such a provision shall not be binding and the remaining provisions will continue to be valid and enforceable.
10.3. Governing law and dispute resolution:
10.3.1. Users with a habitual place of residence in the United States of America - please see Appendix 1 for dispute resolution rules and governing law.
10.3.2. For Consumers having a habitual place of residence in the European Union, United Kingdom or Canada, these T&C shall be governed by the laws of their place of residence.
10.3.3. For all other Users these T&C shall be governed by the laws of Hong Kong. However, the foregoing will be without prejudice to mandatory Consumer laws, provided that such laws cannot be contractually derogated from by virtue of the law. Please note that Kinguin does not intend to exclude mandatory consumer protection laws based on Your place of residence; in each case these laws should be taken into account when evaluating consumer’s rights in relation to any dispute, therefore if You have any questions or doubts regarding Your rights and obligations under applicable law please contact us at [email protected].
Appendix 1 Kinguin Arbitration and Governing Law for US-based Users
IMPORTANT: THIS APPENDIX 1 LIMITS CERTAIN LEGAL RIGHTS AND INCLUDES A WAIVER TO THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE ACTION, AND LIMITS USER’S ABILITY TO OBTAIN CERTAIN REMEDIES AND FORMS OF RELIEF. PLEASE REVIEW CAREFULLY.
DISPUTE RESOLUTION: MANDATORY BINDING INDIVIDUAL ARBITRATION AND CLASS AND COLLECTIVE ACTION WAIVER.
1. In the unlikely event that a disagreement arises between You and Kinguin, prior to initiating any arbitration or lawsuit, You must first contact Kinguin at [email protected] so that we may work in good faith to find a mutually agreeable solution. If the issue cannot be resolved between You and Kinguin within sixty (60) days of written notice, You and Kinguin agree, as permitted by applicable law, to resolve any claim or controversy at law or equity arising out of, relating to, or connected in any way with Sneak Out© or these T&C (collectively, “Dispute”) through binding INDIVIDUAL ARBITRATION, or as Kinguin and You otherwise agree in writing. You agree that the term “Dispute” in these Terms will have the broadest meaning possible. These T&C also cover any Dispute between You and any officer, director, board member, agent, employee, affiliate of Kinguin, or third-party of Kinguin could be liable, directly or indirectly, for such Dispute. If the parties have more than one Dispute between them, You and Kinguin agree to assert all such Disputes in a single arbitration so they may be resolved at the same time, or they will be deemed waived. This Section 1 of Appendix 1 shall survive termination of these T&C.
2. CLASS AND COLLECTIVE ACTION WAIVER: You and Kinguin explicitly agree to the fullest extent allowable and enforceable under applicable law, that the arbitrator must decide any Dispute on an individual basis. NO DISPUTE SHALL BE ARBITRATED ON A CLASS, REPRESENTATIVE OR CONSOLIDATED BASIS. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated absent the express written consent of Kinguin. The arbitrator may only award relief (including injunctive relief, if available) on an individual basis. Notwithstanding any other clause contained in these T&C, any challenge to the validity of this Appendix 1 Section 2 must be determined by a court of competent jurisdiction and not by an arbitrator. If, for any reason, this Appendix 1 Section 2 is held to be unconscionable or unenforceable, then the entirety of this Appendix 1 Section 2 shall not apply and the Dispute must be brought exclusively in a state or federal court in New York. Accordingly, You and Kinguin consent to the exclusive personal jurisdiction and venue of such courts for such matters. Moreover, any state or federal court action shall be tried to a judge and not a jury.
3. Arbitration Procedure:
a) As stated above, we require You to first contact us directly to seek a resolution. If we cannot resolve a Dispute within sixty (60) days, then, to the fullest extent permitted by applicable law, Disputes shall be resolved solely by a single, neutral arbitrator of the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ Streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of Kinguin consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require us to pay a greater portion or all of such fees and costs in order for this Section 3 a) to be enforceable, then we will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will: (a) apply applicable law and the provisions of these T&C; (b) determine any Dispute according to applicable law and facts in the record and no other basis; and (c) issue a reasoned award. In any arbitration arising out of or related to these T&C, the arbitrator(s) may not award any incidental, indirect, or consequential damages, including damages for lost profits.
b) You are responsible for paying Your portion of the fees set forth in the JAMS fee schedule. Kinguin will pay all remaining JAMS fees. If Your claim against Kinguin is for less than $1,000, and You succeed on the merits, we will pay all fees. If You believe you cannot afford the JAMS fee, You may apply to JAMS for a fee waiver.
c) WITH ARBITRATION: (A) THERE IS NO JUDGE OR JURY; (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES; AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Any Dispute shall otherwise be governed by the internal laws of the State of New York without regard to New York choice of law principles, except that the provisions of these Terms concerning arbitration shall be governed by the Federal Arbitration Act.
d) Certain portions of this Section 3 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (an “Agreement”) and JAMS’ Streamlined Arbitration Rules. You and Kinguin agree that we intend that this Section 3 satisfies the “writing” requirement of the Federal Arbitration Act.
e) In the event that JAMS is unavailable or unwilling to hear the Dispute, You and Kinguin shall agree to, or a court shall select, another arbitration provider.
f) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU WANT TO ASSERT A DISPUTE AGAINST KINGUIN, THEN YOU MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.
GOVERNING LAW
4. THE LAWS OF THE STATE OF NEW YORK, WITHOUT REFERENCE TO CONFLICT OF LAW RULES, AS WELL AS THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW, GOVERN THESE TERMS AND ANY DISPUTE THAT MIGHT ARISE BETWEEN YOU AND KINGUIN THAT PERTAINS TO SNEAK OUT© OR THESE T&C. THE UNITED NATIONS CONVENTION FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE T&C.
TERMS & CONDITIONS
The Sneak Out© game (“Sneak Out”) is a free-to-play, multiplayer (coop) video game developed and published by Kinguin Studios sp. z o.o. (a limited liability company) with its seat in Poland. Sneak Out is currently available via the Steam Platform, but may in the future be made available via other platforms as well.
BY ACCESSING AND PLAYING SNEAK OUT, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (the "T&C"). IF YOU DO NOT AGREE WITH ANY OF THE BELOW PROVISIONS, YOU SHOULD NOT ACCESS OR USE SNEAK OUT©.
IF YOU HAVE YOUR PLACE OF RESIDENCE IN THE UNITED STATES OF AMERICA: THESE T&C INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT, AS WELL AS LIMITATION OF LIABILITY AND CHANGES TO GOVERNING LAW THAT WOULD OTHERWISE APPLY.
IF YOU HAVE YOUR PLACE OF RESIDENCE IN OTHER COUNTRIES THAN THE UNITED STATES OF AMERICA THESE T&C MAY INCLUDE LIMITATION OF LIABILITY, ARBITRATION CLAUSE AND CHANGES TO GOVERNING LAWS THAT WOULD OTHERWISE APPLY, WITHOUT DEROGATION FROM MANDATORY CONSUMER LAWS. PLEASE REVIEW THESE T&C CAREFULLY BEFORE ACCESSING AND PLAYING SNEAK OUT©.
Due to Steam’s limitations we are unable to provide Users with a PDF file of these T&C at the moment they install Sneak Out© and accept the T&C. IF YOU WISH TO OBTAIN THESE T&C IN A PDF FILE PLEASE CONTACT US VIA STEAM’S IN-BUILT FUNCTIONALITY (SEE SUPPORT TAB) OR VIA E-MAIL TO THE FOLLOWING ADDRESS: [email protected]
WELCOME TO SNEAK OUT©!
1. GENERAL PROVISONS
1.1. The developer and publisher of Sneak Out© is Kinguin Studios sp. z o.o. (limited liability company) (“Kinguin”), with its registered office at ul. Nowogrodzka 50/515, 00-695 Warsaw, Poland.
1.2. Sneak Out© is AVAILABLE TO ALL PERSONS (DEFINED AS “USER” OR “YOU”) INCLUDING ANY NATURAL PERSON WHO USES SNEAK OUT© ACTING FOR PURPOSES WHICH ARE OUTSIDE THAT PERSON'S TRADE, BUSINESS, CRAFT, OR PROFESSION (“CONSUMER”) WHO HAVE REACHED THE AGE THAT UNDER THE APPLICABLE LAW OF THEIR HABITUAL PLACE OF RESIDENCE ALLOWS THEM TO ENTER INTO BINDING CONTRACTS AND MANAGE THEIR PERSONAL DATA (“the Majority Age”). Note that per Steam Subscriber Agreement You cannot use Steam (and therefore install Sneak Out©) if you are under 13.
1.3. If You have not reached the Majority Age (“the Minor User”), Kinguin will require Your parent or legal guardian (“the Guardian”) to consent to Your accessing and using Sneak Out© and acceptance of these T&C. IF YOU ARE A GUARDIAN OF A MINOR USER, BY PERMITTING THE MINOR USER TO ACCESS AND USE SNEAK OUT©, YOU THE GUARDIAN BECOME SUBJECT TO THE T&C AND AGREE TO BE RESPONSIBLE FOR THE MINOR USER’S ACTIVITIES CONNECTED WITH ACCESS AND USE OF SNEAK OUT©. If the Minor User’s Guardian does not agree to the T&C, the Minor User may not access or use the Sneak Out© . Note that most online video game platforms offer family accounts, allowing Guardians to control various aspects of their children's interaction with video game platforms. See e.g. Steam Family View.
1.4. When You launch the Sneak Out© via Steam, Steam will share Your Steam ID, nickname and a friend list with Kinguin. Kinguin will process these and gameplay data in accordance with the Sneak Out Privacy Policy in order to track and display Your results and be able to maintain continuity of Sneak Out© experience (track progress) as well as enable You to match with Your friends. Note that Steam may also track User’s progress independently of Kinguin and subject to Steam’s own privacy policy. Kinguin may allow You to assign Sneak Out© account and progress with third party services e.g. for marketing campaigns, subject to separate information, instructions, terms and based on Your consent.
1.5. As part of the Sneak Out©, Kinguin will aim to match Users with their friends or other opponents who generally align with Users’ overall skill level in-game. These matched opponents may be auto-generated players (non-player characters) that simulate real people in order to preserve the competitiveness and fun level (in particular maintain a sufficient number of player participants).
1.6. Using Sneak Out© may involve common risks resulting from using the Internet, including risk of hacking, infecting User’s systems with malicious software (incl. viruses, Trojan horses etc.), facing abusive people, attempts at fraud, social engineering etc. It is recommended that all Users use up-to-date antiviruses and anti-malware software as well as apply generally recommended technical measures (including use of strong and unique passwords) to minimize the risks. In case of any such situation User may contact Kinguin as per Clause 9.1, so we may undertake measures against the violating User as per Section 5; we may also assist User to the extent reasonably practicable, including by directing to proper authorities or support groups or sharing helpful information and guidance.
1.7. Minimum system requirements for Sneak Out© are displayed on Steam’s dedicated Sneak Out©’s page: Windows 10, Intel Core 2 Duo E8400 | AMD Phenom II X4 968, 4 GB Memory, 2 GB disk space, AMD Radeon HDD 7750 | NVIDIA GeForce GTX 260, Broadband internet connection.
1.8. Without prejudice to applicable laws prohibiting geoblocking and georestrictions, in particular for Users having their place of residence in the EU without prejudice to the Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market, the features of Sneak Out© and availability of Items, may differ across different jurisdictions to ensure compliance with applicable laws. Consequently, no guarantee is given that the same type and extent of benefits, features and functions will be available to all Users in all jurisdictions.
1.9. Kinguin will use its reasonable efforts to maintain availability of Sneak Out© to Users for at least 90% of time. However, there may occur occasional, unscheduled outages which are beyond our control, e.g., due to external events (hacking, cloud services interruption, internet service provider’s issues) as well as scheduled technical maintenance breaks related to, among others, introduction of new features (in particular security features, UX changes), removal of defects and general optimization of Sneak Out©; when possible, Kinguin will try to schedule the maintenance for night time (CEST) and limit the periods when Sneak Out© is unavailable, but makes no commitments in this regard.
2. DYNAMIC PRODUCT
2.1. In order to keep Users engaged and entertained, Kinguin may introduce new content (including in-game items, features) and patches eliminating bugs and errors. To do so, Kinguin may require Users to install updates (for Steam’s Users updates will be issued through Steam’s in-built functionality). Because of the multiplayer nature of Sneak Out©, all updates must be installed by all Users; therefore if You refuse an update, You may not be able to access and play Sneak Out© until You install the update.
2.2. Kinguin undertakes that:
2.2.1. updates will NOT affect Users acquired rights in relation to purchased paid content (e.g. updates will not deprive Users of the in-game items they purchased and these items will be available to Users for an agreed period of time);
2.2.2. updates may affect the initial level of usefulness of a given item by introducing new items unless otherwise specified (e.g. Kinguin may introduce a special weapon that counters the previously issued armor or a jetpack that will speed up the movement of a character the most in a given season will be slower than a racing car released in the next season; in both cases Users will be able to use their previously purchased items though; additionally, some items may guarantee a particular advantage or bonus for a specified time, in which case Kinguin will preserve the advantage for the agreed time);
2.2.3. in extreme cases, updates may affect the already purchased item (e.g. change its statistics or mechanics) if the particular item is mistakenly overly “unbalanced” leading to a major competitive advantage over other Users that distorts the balance of Sneak Out© in an unreasonable manner, where the impact of Users’ skill and luck becomes negligible. Such situations will be dealt with on a case-by-case basis and Kinguin will act in good faith to ensure that Users’ consumer rights are not violated and that Users are properly notified.
3. IN-GAME PAYMENTS
3.1. Playing Sneak Out© is generally free of charge (Internet charges may apply). However, Kinguin may introduce additional paid content subject to separate announcements and as per information displayed in Sneak Out©, Steam or other channels; the content may include, e.g., in-game items (e.g. avatars, skins, character skills, so called “in-game currency” or digital points), the in-game items bundles or premium features. Some content may be obtainable otherwise than through purchase (or in both ways), e.g. by participating in marketing campaigns, completing in-game tasks etc., subject to separate information or announcements. BEFORE MAKING ANY PURCHASE PLEASE CHECK USAGE RIGHTS, DESCRIPTION, DISCLAIMERS AND ANY TERMS, BECAUSE CONTENT MAY DIFFER FROM EACH OTHER, MAY BE LIMITED BY TIME OR CIRCUMSTANCES (E.G. CONTENT MAY BE OFFERED FOR A SPECIFIC PERIOD OF TIME) AND IN CASE OF ANY QUESTIONS DO NOT HESITATE TO CONTACT US AT [email protected].
3.2. When playing Sneak Out©, You may be awarded different categories of points for completing certain tasks, as per announcements and information displayed in the game (“the Points”); Points can also be purchased.
3.3. Paid content may be purchased with real (FIAT) money or, in some cases, may be accessed by spending Points or a mix of real money and Points (spending Points may reduce the overall price).
3.4. You may purchase paid content from within Sneak Out©, from Steam or partner platforms, in particular www.kinguin.net operated by Kinguin Digital Limited (a limited liability company) with its seat in Hong Kong subject to their external terms & conditions.
3.5. Payments are processed by external payment providers and Kinguin is not a party to the agreement between You and the entity that You use to make payments. Payments made in Sneak Out© or at Steam platform are handled by Steam or third parties designated by Steam, in accordance with the relevant Steam policy (for withdrawal right and Steam refund policy please see: https://store.steampowered.com/steam_refunds/).
3.6. The Points and all the in-game content (purchasable or obtainable otherwise) have no cash value, are not redeemable for cash or any other form of payment (e.g. book, bank or electronic money) and in general cannot be transferred to third parties (e.g. other Users), unless otherwise communicated. Kinguin does not undertake to purchase such items back from Users or third party acquirers or exchange these for anything else of value or not.
3.7. Certain content, such as the season battle pass or other limited time offers (as indicated in Sneak Out©), can only be purchased by the User once and may only be used for a period of time determined by Kinguin before the purchase of such content.
3.8. Access to and use of all in-game content is conditional on User being able to access Sneak Out©. You will not be able to use the content if You decide to uninstall Sneak Out©, terminate this agreement or Kinguin blocks You from using Sneak Out© as per Section 5 below.
4. KINGUIN IP & / USER CONTENT
4.1. Kinguin is the sole owner of all the rights and interests to Sneak Out©, in particular copyrights and industrial property rights. All the titles, ownership and intellectual property rights to Sneak Out©, its content and materials available in Sneak Out© or created based on Sneak Out© (including titles, characters, character names or profiles, stories, dialogue, animations, art, concepts, content, audio sounds and effects, musical compositions, visual effects, methods of operation, documentation, moral rights, in-game chat transcripts, all recordings of games and game play, and items appearing or originating in the game, whether provided, earned or purchased) are protected by national laws and international treaties and remain with Kinguin. Nothing in these T&C or any other communication by Kinguin should be construed otherwise.
4.2. Kinguin’s and Sneak Out’s© logos and related visual elements displayed in Sneak Out©, are registered trademarks or trademarks of Kinguin or its licensors, protected by national laws and international treaties. Unauthorized use, copying, modification and publication of Kinguin’s or its licensors trademarks is prohibited and Kinguin will pursue all applicable rights through appropriate channels to protect its interests in this regard.
4.3. Kinguin grants and Users accept a non-exclusive, royalty-free, non-transferable, revocable license to use Sneak Out© for personal, non-commercial purpose, as well as for journalism and online streaming of Sneak Out© gameplay by community influencers, subject to the T&C. This license ends upon (i) termination of the Agreement by either Party, (ii) the User’s removal of Sneak Out© from his account at Steam, (iii) Kinguin permanently blocking the User from using Sneak Out© as per Section 5 below.
4.4. We encourage You to use Sneak Out© to create fan art (“Fan Art”) and share it with third parties and public through social media, blogs, email correspondence and group messaging. For example, we encourage You to disseminate screenshots or videos from Sneak Out©, stream Sneak Out© publicly, create memes, images, wallpapers inspired by Sneak Out© and use these for a non-commercial purpose, as well as for journalism and online streaming of Sneak Out© gameplay by community influencers. However, YOU MAY NOT: COPY OR REPRODUCE SNEAK OUT©, INTRODUCE IT TO TRADE, DISSEMINATE SNEAK OUT© OR ANY PART THEREOF IN ANY OTHER WAY THAN SPECIFIED IN THE PRECEDING SENTENCE, MODIFY SNEAK OUT© OR ANY PART THEREOF, CREATE ANY PRODUCTS USING SNEAK OUT© OR ANY PART THEREOF (INCLUDING ITEMS), AS WELL AS SELL OR OTHERWISE DISTRIBUTE SNEAK OUT© OR ITEMS, REVERSE ENGINEER, DISASSEMBLE, DECOMPILE, DECODE, ADAPT OR OTHERWISE ATTEMPT TO DERIVE OR GAIN ACCESS TO SNEAK OUT©’S SOURCE CODE OR ANY PART THEREOF, COPY, PHOTOCOPY, REPRODUCE, PUBLISH, DISTRIBUTE, TRANSLATE SNEAK OUT©, CREATE DERIVATIVE WORKS OF SNEAK OUT© OR REMOVE ANY PROPRIETARY NOTICES AND LOGO IN SNEAK OUT© (IN PARTICULAR KINGUIN’S), USE SNEAK OUT© OR ANY OF ITS CONTENT IN ANY WAY WHATSOEVER FOR THE PURPOSE OF DEVELOPING, TRAINING, IMPROVING OR PROVIDING SOURCE MATERIAL FOR GENERATIVE ARTIFICIAL INTELLIGENCE TOOLS, USE SNEAK OUT© TO CREATE MALICIOUS OR ABUSIVE CONTENT OR USE SNEAK OUT© (OR ANY PART THEREOF, INCLUDING TECHNOLOGY CONTAINED THEREIN) IN ANY MANNER WHICH INFRINGES OR VIOLATES ANY INTELLECTUAL PROPERTY RIGHT OR OTHER RIGHT OF ANY PERSON OR THE APPLICABLE LAW. IN CASE OF VIOLATION OF ANY OF THE ABOVE RULES, KINGUIN SHALL BE ENTITLED TO STOP YOU FROM USING SNEAK OUT© AND WILL PURSUE ALL AVAILABLE LEGAL MEASURES TO ENSURE PROTECTION OF ITS RIGHTS, INCLUDING BY NOTIFYING APPROPRIATE AUTHORITIES AND PURSUING CLAIMS BEFORE COURTS.
4.5. Any Fan Art that User publicly shares, posts or displays will be considered non-confidential and non-proprietary. User hereby grants Kinguin a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Fan Art throughout the world in any media. For example, Kinguin will be entitled to share such Fan Art publicly through its social media accounts or email newsletters for the purpose of promoting Sneak Out© or allow third party partners to do the same. User represents and warrants that User owns or otherwise controls all of the rights to the Fan Art, that the Fan Art is accurate and not fraudulent or deceptive; and that the Fan Art does not violate these T&C or the rights (intellectual property rights or otherwise) of any third party.
4.6. Without prejudice to personal use of trademarks, copyrights or any other intellectual property, permitted by applicable law, all rights not expressly granted to the User in these T&C are reserved and retained by Kinguin or third-party.
5. PROHIBITED ACTIVITIES
5.1. In the interest of maintaining a secure, respectful, and lawful gaming environment, Kinguin mandates compliance with these T&C by all Users of Sneak Out©. This Section 5 outlines the obligations and prohibited actions under these T&C and details the remedies Kinguin may employ in the event of violations.
5.2. When using Sneak Out©, Users are obliged to act in compliance with applicable laws, these T&C and commonly accepted rules of online conduct (see e.g. Steam Online Conduct Rules), as well as in accordance with the relevant game platform that was used to access Sneak Out© (e.g. with Steam Subscriber Agreement), and with proper respect to Kinguin’s and Users’ personal rights, including right to privacy, safety, dignity and respect to the functioning and purpose of Sneak Out©. In particular, the following actions are prohibited:
5.2.1. any breach of these T&C, e.g. through violation of licensing terms specified in Section 4, use of Sneak Out© by underage Users without consent from the Guardian,
5.2.2. using Sneak Out© to engage in unlawful activities (incl. by sharing unlawful content), disrupt, interfere or disturb the use of Sneak Out© by other Users;
5.2.3. violation of other Users’ personal rights;
5.2.4. using tools that provide unfair competitive advantages inconsistent with the general purpose of Sneak Out© or modifying its content (cheating);
5.2.5. impersonation of any person, or misrepresentation of User’s identity or affiliation with any person or organization;
5.2.6. the use of automation scripts, bots and programs, which may cause server performance issues, disrupt Sneak Out©'s operation, attempt to circumvent Sneak Out©’s security, compliance or anti-fraud measures. This includes DoS attacks, spam, computer intrusions, transmission of computer viruses, worms, Trojan horses, cleaning agents, spyware, corrupted files and time bombs;
5.2.7. any attempt to transmit illegal or immoral content through Sneak Out©, in any form, including in the form of communication, such as: illegal hate speech or terrorist content, pornography, child sexual abuse, unlawful discriminatory content, unlawful non-consensual sharing of private images and videos, online stalking, the non-authorised use of copyright protected material, and any other illegal content in the understanding of applicable laws;
5.2.8. use of stolen payment methods, credit or debit cards, stolen identity means or authorization means to process payment without authorization;
5.2.9. attempt to obtain or phish for passwords, account information or other private information from Users;
5.2.10. misuse of Sneak Out©, by frequently providing manifestly unfounded notices or complaints regarding Sneak Out©, its content, other Users. Notices shall be considered manifestly unfounded where it is evident to a layperson, without any substantive analysis, that the notices or complaints are unfounded.
5.3. Maintaining a safe, fair, and legal operating environment in regard to Sneak Out© is paramount to ensuring a positive experience for all Users. To achieve this, we rely on the vigilance and active participation of our community. Whether You are directly involved or a witness to questionable activities, Your reports are critical in helping us uphold our community standards and take appropriate action against violations. We strongly encourage You to notify any inappropriate or questionable behavior or practice by any User in Sneak Out©, by use of Steam’s in-built functionality or by contacting us at: [email protected], whether You believe that Your rights or interests were violated by another User in relation to using Sneak Out© or there has been a violation of applicable laws, rights or these T&C in any manner. To the extent possible, we encourage any such information to contain detailed information about the alleged violation, including explanation as to why the particular situation has been regarded as violation or an illegal content, screenshots and contact details to the person making the submission (name / nickname, email address). Our support team is trained to handle Your concerns with the utmost confidentiality and professionalism.
5.4. Kinguin shall, as permitted by applicable law, have the right, without limitation and without any obligation, to: (a) investigate any suspected breaches as specified in Clause 5.2; (b) involve and cooperate with law enforcement authorities in connection with any of the foregoing matters; (c) prosecute violators of these T&C.
5.5. In case Kinguin receives a credible information or has other reason to suspect that an incident involving a breach as specified in Clause 5.2 has occurred, if necessary to prevent further damage or breach Kinguin may take immediate prevention measures, including suspending (for maximum 3 months) Your access to Sneak Out©, pending investigation.
5.6. Based on the findings of the investigation, Kinguin will determine the most suitable remedy to address the breach. This could range from issuing warnings to Users (when a breach is a one-time incident and Kinguin decides that its nature and severity do not pose a threat to the integrity of Sneak Out©, to Kinguin and to other Users) or, when a warning is insufficient due to the nature and severity of the breach, permanent suspension of access to Sneak Out©, blocking of future access to Sneak Out© or other actions as deemed appropriate.
5.7. Throughout the investigative and remedial process, Kinguin is committed to maintaining transparency and fairness, ensuring that all actions taken are justified and proportionate to the nature of the breach, therefore You will be notified of the investigation outcome and will be allowed 14 days to challenge the decision.
5.8. Kinguin will conduct a thorough internal review of any challenge raised by the User against an enforcement action. Upon completing the review of a User’s challenge, should Kinguin find the User's explanation satisfactory and justifiable, the temporary measures imposed will be rescinded. If the User’s challenge is rejected, Kinguin will notify the User of the decision to uphold the enforcement action, providing detailed reasons for the rejection to ensure transparency and will also inform the User of any further rights to appeal or to seek alternative dispute resolution mechanisms available.
5.9. The procedures outlined above are implemented with full respect for consumer rights, including the right to submit complaints, lodge claims, or request alternative dispute resolution. These rights are preserved in accordance with applicable laws and the provisions of these T&C. Users seeking further information on how to exercise these rights are encouraged to contact us at: [email protected].
5.10. Kinguin may notify the relevant video game platform’s operator (e.g. Steam) used to access Sneak Out© about the User’s breach as covered by Clause 5.2.
5.11. Kinguin is committed to full legal compliance and cooperation with law enforcement and other public authorities. This commitment extends to all investigations related to Users’ activities in Sneak Out©, whether they are administrative, tax-related, criminal, or civil. Kinguin will comply with all legal obligations, which may include disclosing Users’ details and transaction data when legally required. This cooperation ensures that Kinguin adheres to the highest standards of legal accountability and integrity in its operations.
6. TERMINATION
6.1. These T&C constitute an agreement between You and Kinguin under which You are authorized to access and play the Sneak Out© subject to conditions specified herein (the “Agreement”). The Agreement is entered into when You accept these T&C after launching Sneak Out©. You may stop playing Sneak Out©, uninstall Sneak Out©, terminate this Agreement at any time, without any reason and without incurring any cost or charge; to do so You may use Steam’s in-built functionality or contact us at [email protected].
6.2. We may terminate this Agreement and prevent You from accessing Sneak Out© in case of: (i) violation as per Section 5; (ii) if we discontinue Sneak Out© subject to Clause 6.5 or (iii) if we discontinue making Sneak Out© available on your selected platform (e.g. we stop cooperating with Steam). In each case we will notify You and cooperate in good faith to ensure that Your progress is not lost.
6.3. IF YOU OR KINGUIN TERMINATE AGREEMENT, YOU WILL LOSE ACCESS TO ANY DATA REGARDING YOUR PREVIOUS USE OF SNEAK OUT©; THIS WILL INCLUDE IN PARTICULAR YOUR PROGRESS, STATISTICS, FRIENDS LIST, THE COLLECTED POINTS, ACTIVATED ITEMS AND PURCHASED OR OTHERWISE OBTAINED IN-GAME CONTENT.
6.4. If You uninstall Sneak Out© or remove Sneak Out© from Your Steam’s account (library) by use of Steam’s in-built functionality we will maintain the record of Your previous use of Sneak Out© (unless requested otherwise by You), in order to allow continuity of progress upon reinstallation. In this case, You will maintain Your previously purchased in-game content, collected Points etc.
6.5. Kinguin may decide to limit (e.g. by introducing paid tiers), temporarily suspend or permanently stop making Sneak Out© available to Users due to a change of its commercial strategy, upon an announcement via applicable channels (incl. Steam game page) with a 3-month notice (but in all cases not earlier than by the end of the current in game season season). ADDITIONAL CLARIFICATION FOR USERS HAVING THEIR PLACE OF RESIDENCE IN THE US: KINGUIN SHALL, AS PERMITTED BY APPLICABLE LAW, HAVE THE RIGHT TO DISCONTINUE SNEAK OUT©, IN WHOLE OR IN PART, OR SUSPEND OR TERMINATE USER’S ACCESS TO IT, IN WHOLE OR IN PART, AT ANY TIME, WITHOUT NOTICE, FOR ANY REASON AND WITHOUT ANY OBLIGATION TO USER OR ANY THIRD PARTY.
7. CHANGES TO THE SNEAK OUT OR THESE T&C
7.1. These T&C may be amended by Kinguin upon a 15-day notice, unless a shorter period is required by mandatory laws or a decision by a state court or arbitral tribunal, state authorities or a relevant platform used to access Sneak Out© (e.g. Steam), in either of the following cases:
7.1.1. If and to the extent that such a change is necessary to ensure compliance with laws governing Sneak Out© or Kinguin and applicable Steam terms and conditions.
7.1.2. If such an amendment does not negatively affect Users’ already acquired rights and obligations with respect to purchased Items and collected Points.
7.2. As an online video game, Sneak Out© relies on dynamically changing market trends and the need to constantly adapt and introduce new features to keep Users engaged. Consequently, the following elements may change at any time, based on the current Sneak Out© development strategy, third-party partners (e.g. payment partners) and industry standards, without changes to these T&C and without affecting Consumers’ already acquired rights with respect to already purchased Items and collected Points:
7.2.1. introduction of new ways of collecting Points or in-game content, introduction of new types Points or in-game content, as well as removing old types and changes to the existing ones - in all cases subject to Section 2 above;
7.2.2. changes caused by amendments in relevant video game platform policies or terms (e.g. Steam’s) used to access Sneak Out©;
7.2.3. Kinguin may cancel, suspend or change current or introduce new functionalities of Sneak Out© (e.g., new ways of sorting Items in inventory, pre-game lobby features, recommendations), in order to improve User’s experience, for security and compliance reasons, to offer new ways of interacting with Sneak Out©, introduce new Items, Points and services and reflect Kinguin’s commitments towards its contracting parties;
7.2.4. changes necessary to ensure protection of minors;
7.2.5. changes necessary to ensure compliance with legal requirements, including based on new legal regulations, new interpretation of law or new caselaw and authorities’ position.
7.3. If You do not accept the amended T&C or other changes to the game as per this Section 7, You may stop playing Sneak Out© or terminate the Agreement as per Clause 6.1.
8. LIABILITY
8.1. FOR CONSUMERS HAVING THEIR HABITUAL PLACE OF RESIDENCE IN THE EUROPEAN UNION AND UK:
8.1.1. Kinguin shall take reasonable care to ensure proper functioning of Sneak Out© and shall be liable for proper performance of these T&C subject to applicable laws of User’s place of residence.
8.2. FOR RESIDENTS IN UNITED STATES OF AMERICA:
8.2.1. SNEAK OUT© IS PROVIDED TO USERS ON AN ‘AS-IS’ AND ‘AS-AVAILABLE’ BASIS, WITHOUT ANY WARRANTY, WHETHER EXPRESS OR IMPLIED. KINGUIN DOES NOT WARRANT THAT SNEAK OUT© OR ANY PART THEREOF WILL BE UNINTERRUPTED, SECURE, FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM KINGUIN OR ANY THIRD PARTY SHOULD BE DEEMED A WARRANTY OF SNEAK OUT©’S QUALITY.
8.2.2. To the extent permitted by applicable law, Kinguin will not be liable for any damage (including actual damage and lost profit), arising out of or relating to the use or inability to use Sneak Out© regardless of the legal basis for the liability.
8.2.3. To the extent permitted by applicable law, Kinguin may not be held liable, either directly or indirectly, under any grounds or legal theory (including contract and tort claims) whatsoever, for:
a. any lost profit, indirect, incidental, consequential, special, punitive or exemplary damages;
b. any damage arising out of or related to the use or inability to use Sneak Out© or faulty functioning of Sneak Out© and any part of its systems or features, including any malfunction, hacking, unsuitability, irrespective of the cause;
c. any action, failure or omission of third parties, including third party service providers Kinguin uses to make Sneak Out© available to Users;
d. losses incurred through the use of fraudulently acquired payment data, private keys, passwords or other contractual data (e.g. "phishing" of credit card data, identity theft, etc.);
e. third parties gaining access to User’s Sneak Out© account due to User’s own actions or failures (i.e. reusing leaked password);
f. any loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses.
8.2.4. Kinguin shall not be held liable for any loss or damages of any kind, delays, interruptions, or errors caused directly or indirectly by uncontrollable and unforeseeable forces, e.g. acts of nature and circumstances beyond Kinguin’s reasonable control, Internet failures, computer hardware malfunctions, telecommunications issues, other equipment failures, blackouts, strikes, labor actions, riots, insurrections, civil commotion, shortages of labor or materials, fires, floods, storms, explosions, war, terrorism, changes in law, government or regulatory actions, court or tribunal orders, or negligence by third parties not related to Kinguin, physical obstructions, lockouts and natural disasters.
8.2.5. INDEMNITY: To the fullest extent allowed by applicable law, you agree to indemnify, defend, and hold Kinguin, its partners, affiliates, licensors, contractors, officers, directors, employees, and agents harmless from all damages, losses and expenses arising directly or indirectly from your breach of this T&C and your acts and omissions in using Sneak Out© pursuant to these T&C.
8.2.6. The limitations and exclusions of liability under Clauses 8.2 apply to the fullest extent permitted by law and will be effective regardless of a user giving notice to Kinguin that such damage may occur.
8.3. FOR USERS OUTSIDE THE UNITED STATES OF AMERICA AND OUTSIDE THE EUROPEAN UNION AND UK:
8.3.1. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY UNDER CLAUSE 8.2 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THE LIMITATIONS AND EXCLUSIONS DO NOT APPLY TO ANY DAMAGE CAUSED BY KINGUIN ACTING DELIBERATELY, TO THE EXTENT THAT APPLICABLE LAW PROHIBITS EXCLUSION OR LIMITATION OF LIABILITY IN SUCH CASES. KINGUIN IN NO WAY INTENDS TO EXCLUDE MANDATORY APPLICABLE LAWS (INCLUDING ESPECIALLY CONSUMER LAW), IN CASE OF ANY DOUBT AS TO THE EXTENT OF KINGUIN'S LIABILITY - USER IS REQUESTED TO CONTACT [email protected] OR EXTERNAL COUNSEL.
9. COMPLAINTS
9.1. The User has the right to submit a complaint regarding any matter connected with the provision of Sneak Out© by Kinguin (“the Complaint”). The Complaint may be submitted via Steam’s in-built functionality (see Support tab at Sneak Out’s© dedicated page) or via e-mail to the following address: [email protected] or by traditional mail to our registered address. To expedite processing of the Complaint, Kinguin recommends that the Complaint includes at least: the User’s full name, Steam ID, e-mail address, description of circumstances justifying the Complaint and the User's request related to the Complaint. The User will receive response to the Complaint within 14 days from the Complaint’s receipt by Kinguin, unless Kinguin is unable to process it within this period due to lack of all necessary information. In such a case, Kinguin will inform the User about the delay and the missing information within 14 days of the Complaint’s receipt and the response to the Complaint will be provided within 14 days from the date of receipt of supplementary information by Kinguin. The response to the Complaint is sent by e-mail to the address indicated in the Complaint, unless the User requests to receive the response by traditional mail to an address indicated in the Complaint.
9.2. If not required by the applicable law, Kinguin is not willing to resolve any disputes that may arise between Kinguin and the User in connection with access and use of Sneak Out© through alternative dispute resolution before a consumer arbitration panel. However, Kinguin informs that all Consumers with a place of residence in the EU, Norway, Iceland or Liechtenstein are entitled to an online dispute resolution mechanism – for more information see the ODR platform of the European Commission. For information on available consumer rights and alternative dispute resolution (ADR) mechanisms see Your Europe portal.
10. FINAL PROVISIONS
10.1. Kinguin and each User are independent contracting partners and nothing in these T&C is or shall be construed as leading to an establishment of any agency, partnership, joint venture, employment or franchise between them.
10.2. If any provision of these T&C turns out to be invalid or unenforceable, such a provision shall not be binding and the remaining provisions will continue to be valid and enforceable.
10.3. Governing law and dispute resolution:
10.3.1. Users with a habitual place of residence in the United States of America - please see Appendix 1 for dispute resolution rules and governing law.
10.3.2. For Consumers having a habitual place of residence in the European Union, United Kingdom or Canada, these T&C shall be governed by the laws of their place of residence.
10.3.3. For all other Users these T&C shall be governed by the laws of Hong Kong. However, the foregoing will be without prejudice to mandatory Consumer laws, provided that such laws cannot be contractually derogated from by virtue of the law. Please note that Kinguin does not intend to exclude mandatory consumer protection laws based on Your place of residence; in each case these laws should be taken into account when evaluating consumer’s rights in relation to any dispute, therefore if You have any questions or doubts regarding Your rights and obligations under applicable law please contact us at [email protected].
Appendix 1 Kinguin Arbitration and Governing Law for US-based Users
IMPORTANT: THIS APPENDIX 1 LIMITS CERTAIN LEGAL RIGHTS AND INCLUDES A WAIVER TO THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE ACTION, AND LIMITS USER’S ABILITY TO OBTAIN CERTAIN REMEDIES AND FORMS OF RELIEF. PLEASE REVIEW CAREFULLY.
DISPUTE RESOLUTION: MANDATORY BINDING INDIVIDUAL ARBITRATION AND CLASS AND COLLECTIVE ACTION WAIVER.
1. In the unlikely event that a disagreement arises between You and Kinguin, prior to initiating any arbitration or lawsuit, You must first contact Kinguin at [email protected] so that we may work in good faith to find a mutually agreeable solution. If the issue cannot be resolved between You and Kinguin within sixty (60) days of written notice, You and Kinguin agree, as permitted by applicable law, to resolve any claim or controversy at law or equity arising out of, relating to, or connected in any way with Sneak Out© or these T&C (collectively, “Dispute”) through binding INDIVIDUAL ARBITRATION, or as Kinguin and You otherwise agree in writing. You agree that the term “Dispute” in these Terms will have the broadest meaning possible. These T&C also cover any Dispute between You and any officer, director, board member, agent, employee, affiliate of Kinguin, or third-party of Kinguin could be liable, directly or indirectly, for such Dispute. If the parties have more than one Dispute between them, You and Kinguin agree to assert all such Disputes in a single arbitration so they may be resolved at the same time, or they will be deemed waived. This Section 1 of Appendix 1 shall survive termination of these T&C.
2. CLASS AND COLLECTIVE ACTION WAIVER: You and Kinguin explicitly agree to the fullest extent allowable and enforceable under applicable law, that the arbitrator must decide any Dispute on an individual basis. NO DISPUTE SHALL BE ARBITRATED ON A CLASS, REPRESENTATIVE OR CONSOLIDATED BASIS. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated absent the express written consent of Kinguin. The arbitrator may only award relief (including injunctive relief, if available) on an individual basis. Notwithstanding any other clause contained in these T&C, any challenge to the validity of this Appendix 1 Section 2 must be determined by a court of competent jurisdiction and not by an arbitrator. If, for any reason, this Appendix 1 Section 2 is held to be unconscionable or unenforceable, then the entirety of this Appendix 1 Section 2 shall not apply and the Dispute must be brought exclusively in a state or federal court in New York. Accordingly, You and Kinguin consent to the exclusive personal jurisdiction and venue of such courts for such matters. Moreover, any state or federal court action shall be tried to a judge and not a jury.
3. Arbitration Procedure:
a) As stated above, we require You to first contact us directly to seek a resolution. If we cannot resolve a Dispute within sixty (60) days, then, to the fullest extent permitted by applicable law, Disputes shall be resolved solely by a single, neutral arbitrator of the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ Streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of Kinguin consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require us to pay a greater portion or all of such fees and costs in order for this Section 3 a) to be enforceable, then we will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will: (a) apply applicable law and the provisions of these T&C; (b) determine any Dispute according to applicable law and facts in the record and no other basis; and (c) issue a reasoned award. In any arbitration arising out of or related to these T&C, the arbitrator(s) may not award any incidental, indirect, or consequential damages, including damages for lost profits.
b) You are responsible for paying Your portion of the fees set forth in the JAMS fee schedule. Kinguin will pay all remaining JAMS fees. If Your claim against Kinguin is for less than $1,000, and You succeed on the merits, we will pay all fees. If You believe you cannot afford the JAMS fee, You may apply to JAMS for a fee waiver.
c) WITH ARBITRATION: (A) THERE IS NO JUDGE OR JURY; (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES; AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Any Dispute shall otherwise be governed by the internal laws of the State of New York without regard to New York choice of law principles, except that the provisions of these Terms concerning arbitration shall be governed by the Federal Arbitration Act.
d) Certain portions of this Section 3 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (an “Agreement”) and JAMS’ Streamlined Arbitration Rules. You and Kinguin agree that we intend that this Section 3 satisfies the “writing” requirement of the Federal Arbitration Act.
e) In the event that JAMS is unavailable or unwilling to hear the Dispute, You and Kinguin shall agree to, or a court shall select, another arbitration provider.
f) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU WANT TO ASSERT A DISPUTE AGAINST KINGUIN, THEN YOU MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.
GOVERNING LAW
4. THE LAWS OF THE STATE OF NEW YORK, WITHOUT REFERENCE TO CONFLICT OF LAW RULES, AS WELL AS THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW, GOVERN THESE TERMS AND ANY DISPUTE THAT MIGHT ARISE BETWEEN YOU AND KINGUIN THAT PERTAINS TO SNEAK OUT© OR THESE T&C. THE UNITED NATIONS CONVENTION FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE T&C.