Terms of Service

Play SC:BW is a free, non-commercial fan project, run by fans for the love of a classic, for nostalgia and preservation. It is not affiliated with any game developer or publisher, it does not distribute the game, it sells nothing and it shows no advertising. To play, you need your own lawful copy of the game.

PLEASE READ THESE TERMS CAREFULLY. THEY ARE A BINDING CONTRACT. THEY INCLUDE, AMONG OTHER THINGS:

• YOUR SOLE RESPONSIBILITY FOR ANY THIRD-PARTY GAME CONTENT YOUR DEVICE OBTAINS OR USES, AND YOUR WARRANTY THAT YOU ARE LAWFULLY ENTITLED TO USE IT (SECTION 4);
• A DISCLAIMER OF ALL WARRANTIES (SECTION 20) AND A STRICT LIMITATION OF OUR LIABILITY (SECTION 21);
• YOUR OBLIGATION TO DEFEND AND INDEMNIFY US (SECTION 22);
• A CLASS ACTION WAIVER, A JURY TRIAL WAIVER AND A ONE-YEAR TIME LIMIT FOR CLAIMS (SECTION 24), WHICH AFFECT HOW DISPUTES ARE RESOLVED.

IF YOU DO NOT AGREE TO EVERY PROVISION OF THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SERVICE, AND YOU MUST STOP NOW.

1. Definitions

In these Terms:

• "Operator", "we", "us" and "our" mean the person(s) or entity that operates the Service from time to time, together with its successors and assigns.
• "Service" means the website currently available at playscbw.com, every subdomain, page, application, game client, relay, matchmaking system, ladder, ranking and rating system, competition, replay and match archive, chat, application programming interface, software, feature, content and service that we make available under the name "Play SC:BW" or any successor name, in any form and through any medium, whether now existing or later developed.
• "Platform Materials" means everything in or made available through the Service other than Third-Party Game Content and User Content, including all software, source and object code, user interfaces, designs, layouts, text, guides, statistics, rating algorithms, databases, compilations, original artwork, original skins and cosmetic items, names, logos and the selection and arrangement of all of the foregoing.
• "Third-Party Game Content" means any game data, archive, asset, graphic, sprite, sound, music, video, voice recording, map, font, text, name, character, story element or other material that originates from, or is derived from, a video game or other work that the Operator did not create, and in which a third party holds or may hold rights.
• "User Content" means anything that you or your device submit, upload, transmit, generate or otherwise make available to or through the Service, including handles, profile information, chat messages, maps, replays, game commands, match data, reports, feedback and any files you supply.
• "Policies" means the documents listed in Section 2.2, each as updated from time to time.
• "Terms" means these Terms of Service together with the Policies.
• "you" and "your" mean the individual accessing or using the Service and, where applicable, the entity on whose behalf that individual acts.

Words following "including", "include" or similar expressions are illustrative and do not limit the words that precede them.

2. Agreement to these Terms

2.1 How you accept. You accept these Terms, and a binding contract is formed between you and the Operator, on the earliest of: (a) creating an account; (b) clicking or ticking any button or box indicating acceptance; (c) starting or joining any game; or (d) otherwise accessing or using any part of the Service. If you use the Service on behalf of an entity, you represent that you have authority to bind that entity, and "you" includes that entity.

2.2 Documents that form part of these Terms. The following are incorporated into these Terms by reference and you agree to each of them:

• the Privacy Policy (which you acknowledge; it describes our practices and is not a contractual promise to you);
• the Cookie Policy;
• the Acceptable Use and Fair Play Policy;
• the Copyright and Intellectual Property Policy;
• the Streaming and Content Creator Terms; and
• the Legal Notice and Disclaimer.

If there is a conflict between these Terms of Service and a Policy, these Terms of Service prevail unless the Policy expressly states otherwise for a specific subject. Informational pages, guides, blog posts, frequently asked questions and summaries anywhere on the Service are provided for convenience only, have no contractual effect and cannot modify these Terms.

2.3 Additional terms. Particular features or competitions may be subject to additional terms presented to you at the relevant time. Those additional terms form part of these Terms for that feature.

3. Eligibility

3.1 You may use the Service only if you: (a) are at least 16 years old, or the minimum age of digital consent in your country of residence if that age is higher; (b) have the legal capacity to enter into a binding contract or, if you are under the age of majority where you live, have the consent of a parent or legal guardian who has read and agreed to these Terms on your behalf and who accepts full responsibility and liability for your use of the Service; (c) have not previously been suspended or removed from the Service; and (d) are not barred from using the Service under any applicable law.

3.2 The Service is not directed to children under 16, and we do not knowingly permit them to use it.

3.3 You are solely responsible for ensuring that your access to and use of the Service, and of any Third-Party Game Content, is lawful in every jurisdiction in which you are located, resident or a citizen. We make no representation that the Service is appropriate, available or lawful in any particular location. If your use of the Service would be unlawful where you are, you must not use it.

4. Third-Party Game Content — your sole responsibility

4.1 What the Service is. The Service is an independent software platform: a browser-based client, networking relay, account system, matchmaking, ladder, rankings, statistics, competitions and community features, all of which are our original work or are used by us under licence. The Service is a tool. The Operator does not own, claim, license or sell any Third-Party Game Content, and does not host, mirror, upload or distribute the game, its installers or its data archives.

4.2 Where game data comes from. The Service cannot be used to play unless your own device has access to game data. That data is retrieved by your own device, when you choose to start a game, directly from publicly accessible locations on the internet that are owned, operated and controlled exclusively by third parties unconnected with the Operator, and it is then kept in your browser, on your device. It is not delivered by or through the Operator's systems. Any reference in the software to a location of such data is an automated, technical pointer to information publicly available on the internet; it is not an offer, distribution, authorisation, endorsement, licence, representation or warranty of any kind by the Operator regarding that data, its source, its availability, its integrity or its legal status. If you do not wish your device to retrieve that data, do not start a game.

4.3 Your warranties. Each time you use the Service you represent, warrant and undertake that:

• (a) you hold a valid, lawfully obtained licence to, or lawfully obtained copy of, every game and other work from which any Third-Party Game Content used on your device originates, and that your licence or other legal entitlement permits you to obtain, reproduce, store and use that Third-Party Game Content in the manner in which you use it with the Service;
• (b) your retrieval, reproduction, storage, display, performance, streaming, recording and use of Third-Party Game Content is, and will remain, lawful in your jurisdiction and compliant with every licence, end user licence agreement, terms of use and policy of every relevant rights holder and every relevant third-party host;
• (c) every retrieval and use of Third-Party Game Content on your device happens because you chose to start a game, and you are responsible for it; and
• (d) you will immediately stop using the Service if any of the above ceases to be true.

4.4 Allocation of responsibility. You alone are responsible and liable for all Third-Party Game Content obtained, stored or used by you or on your device, and for every consequence of obtaining, storing or using it. The Operator has no knowledge of, and no ability or obligation to verify, whether you hold the rights you warrant you hold. The Operator does not induce, encourage or authorise any person to infringe any right of any third party, and any use of the Service to infringe third-party rights is strictly prohibited and is a material breach of these Terms.

4.5 No affiliation; no claim of ownership. The Service is an independent, free, non-commercial community fan project created for nostalgia, preservation, education and enjoyment. The Operator is not affiliated, associated, authorised, endorsed by, sponsored by or in any way officially connected with the developer, publisher or rights holder of any video game, or with any of their parents, subsidiaries or affiliates. All Third-Party Game Content, and all names, marks, characters and other elements of any third party's work, are and remain the property of their respective rightful owners. The Operator claims no ownership of, and no right, title or interest in, any of it. Any name, abbreviation or descriptive term used on the Service is used solely in a nominative and descriptive sense to describe compatibility and the community the Service is made for.

4.6 No licence to Third-Party Game Content. Nothing in these Terms or on the Service grants you, or purports to grant you, any right or licence in any Third-Party Game Content. The only rights you may have in it are those granted to you by its rightful owners.

4.7 Rights holders. Any rights holder who believes that anything within the Operator's actual control infringes its rights is invited to use the procedure in the Copyright and Intellectual Property Policy. The Operator responds to properly substantiated notices and will act in good faith and expeditiously.

4.8 Nothing is sold. The Operator charges nothing for the Service and receives no payment, fee or other consideration from any user. In particular, nothing is charged for, and no consideration of any kind is received in connection with, any Third-Party Game Content, which the Operator does not provide.

5. Accounts

5.1 Some features require an account. You must provide accurate information, keep it current, and keep your credentials confidential. You are responsible for all activity under your account, whether or not you authorised it. Notify us immediately at support@playscbw.com of any unauthorised use.

5.2 One person, one account, unless we expressly permit otherwise. Accounts are personal and may not be sold, transferred, shared, lent, rented or traded. You may not create an account using automated means, false information, disposable credentials or on behalf of someone else without authority.

5.3 You have no ownership or other property interest in your account, handle, rating, rank, statistics, match history, achievements or any other data associated with your account. We may refuse, reclaim, change or remove any handle at any time for any reason, including where we consider it offensive, misleading, impersonating, infringing or desirable for another use.

5.4 If you sign in through a third-party provider, your use of that provider is governed by its terms, and we are not responsible for it.

6. Licence to use the Service

6.1 Limited licence. Subject to your continuing compliance with these Terms, we grant you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Service through its ordinary user interface for your own personal, non-commercial entertainment (except as the Streaming and Content Creator Terms expressly allow). This licence covers Platform Materials only. All rights not expressly granted are reserved by the Operator.

6.2 Restrictions. Except to the extent that applicable law makes this restriction unenforceable, or a separate written open source licence from us expressly permits it for a specific component, you must not, and must not help or permit anyone else to:

• (a) copy, modify, adapt, translate, create derivative works of, distribute, publicly display, sell, rent, lease, lend, sublicense or otherwise exploit the Service or any Platform Materials;
• (b) reverse engineer, decompile, disassemble or attempt to derive the source code, protocols or algorithms of any part of the Service;
• (c) access the Service by any means other than the interfaces we provide, or scrape, crawl, spider, harvest or bulk-extract any data, statistics, replays or content from the Service;
• (d) use the Service or any data from it to build, train, fine-tune, evaluate or improve any machine learning or artificial intelligence model, or any competing product or service;
• (e) circumvent, disable or interfere with any security, integrity, anti-cheat, rate-limiting, access-control or technical protection feature;
• (f) frame, mirror or re-host any part of the Service, or operate any unofficial server, relay or matchmaking service that connects to or imitates the Service;
• (g) remove, obscure or alter any proprietary notice; or
• (h) use the Service for any commercial purpose not expressly permitted by these Terms.

6.3 Any open source software included in the Service is licensed to you under its own licence, which governs that component to the extent it conflicts with these Terms. Third-party notices are available on request.

7. Conduct, fair play and competitive integrity

7.1 You must comply with the Acceptable Use and Fair Play Policy at all times.

7.2 Ratings, rankings, ladder positions, seasons, match results, titles and statistics are calculated and maintained by us at our sole discretion. We may adjust, reset, recalculate, void, withhold or remove any of them, and may change any rule, formula, map pool, season or format, at any time, with or without notice, for any reason, including suspected error, abuse, cheating or technical fault. Our decisions on results, ratings, penalties, eligibility and competitive integrity are final and binding. We are not obliged to give reasons, disclose evidence or detection methods, or provide any appeal.

7.3 You consent to our use of technical measures to detect cheating and abuse, including analysing game commands, replays, timing, network behaviour and device and browser characteristics.

8. User Content

8.1 Responsibility. You are solely responsible for your User Content. You represent and warrant that you own or hold all rights necessary to submit it and to grant the licence below, and that it, and our use of it as permitted by these Terms, does not and will not infringe or violate any right of any person or any law.

8.2 Licence to us. You grant the Operator a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, transferable and sublicensable (through multiple tiers) licence to host, store, cache, reproduce, modify, adapt, translate, create derivative works from, analyse, publish, publicly perform, publicly display, distribute, broadcast and otherwise use and exploit your User Content, in any media and by any means now known or later developed, for any purpose connected with operating, providing, securing, improving, developing, researching, promoting and commercialising the Service and our other products and services, including developing and training automated systems, analysis tools and artificial intelligence features. To the fullest extent permitted by law, you irrevocably waive, and agree not to assert, any moral rights or rights of attribution or integrity in your User Content against the Operator, its licensees and successors.

8.3 Public by design. Handles, profiles, country, race, ratings, rankings, match results, match histories, statistics, replays and similar gameplay records are public features of the Service. You agree that they may be displayed publicly, indexed by search engines, downloaded, analysed, streamed and re-used by us and by other users, and may remain visible after you stop using the Service or close your account.

8.4 No obligation; no confidentiality. We have no obligation to host, keep, display, back up or return any User Content, and we may remove, restrict or refuse any User Content at any time for any reason without notice or liability. User Content is not confidential. We may, but have no obligation to, monitor, review, moderate or edit User Content, and we do not endorse any of it.

8.5 Feedback. Any idea, suggestion, bug report or other feedback you give us is given entirely voluntarily. You assign to the Operator all right, title and interest in it, and we may use it without restriction, acknowledgement or compensation.

9. Streaming, video and content creation

Your permission to stream, record and publish footage of the Service is set out in, and limited by, the Streaming and Content Creator Terms. In summary: we permit it as far as our own rights are concerned; we grant nothing, and can grant nothing, in respect of Third-Party Game Content; and you alone are responsible for your streams, videos and channels, including clearing any third-party rights and complying with the rules of every platform you use.

10. Our intellectual property

10.1 The Service and all Platform Materials, and all intellectual property rights in them anywhere in the world, are and remain the exclusive property of the Operator and its licensors. "Play SC:BW", the Service's logos, original artwork, original skins and cosmetic works, and the look and feel of the Service are our trade dress, marks and works. You may not use them without our prior written permission except as the Streaming and Content Creator Terms expressly allow.

10.2 These Terms do not transfer any ownership to you. Platform Materials are licensed, not sold.

11. Copyright and other complaints

We respect intellectual property rights and expect our users to do the same. The procedure for complaints, the consequences for repeat infringers and the process for counter-notices are set out in the Copyright and Intellectual Property Policy. We may remove or disable anything, and suspend or terminate anyone, at any time, where we consider it appropriate in response to a complaint, without liability to you.

12. A free, non-commercial project

12.1 The Service is run as a free, non-commercial fan project for nostalgia, preservation and the enjoyment of its community. It is offered free of charge. It sells nothing, has no paid features, subscriptions or virtual goods, carries no advertising, and does not sell or rent personal data. That is how the project is run and how we intend to keep running it.

12.2 Ratings, ranks, titles, badges and every other in-Service item or status have no monetary value, are not your property, and cannot be sold, bought, traded or exchanged for anything of value. Any attempt to do so is a breach of these Terms and is void.

12.3 Because the Service is provided free of charge by volunteers, you accept that it comes with no commitment of any kind as to availability, continuity, support or features, as set out in Sections 18, 20 and 21.

13. Automated, analytical and artificial intelligence features

13.1 The Service may include computer opponents, coaching, analysis, recommendations, summaries, translations, moderation and other features that are automated or that use machine learning or artificial intelligence ("AI Features"), some of which may be provided through third-party technology providers.

13.2 AI Features are experimental, probabilistic and may be inaccurate, incomplete, offensive, misleading or wrong. Output is provided for entertainment and general information only. It is not professional advice of any kind, no particular result, rating improvement or outcome is promised or implied, and you rely on it entirely at your own risk. You are responsible for evaluating any output before using it.

13.3 You must not submit personal data, confidential information or anything unlawful to AI Features. Inputs and outputs are User Content for the purposes of Section 8. You must not use AI Features to develop competing models or services, to extract underlying models, prompts or data, or in breach of any third-party provider's terms. We may limit, throttle, change or withdraw AI Features at any time.

14. Competitions, events and prizes

Participation in any ladder, season, tournament, league or event is subject to these Terms and to any rules we publish for it. We may change, postpone, cancel or void any competition, disqualify any participant and withhold any prize or recognition, at our sole discretion. No purchase is necessary to participate unless expressly stated. Competitions are void where prohibited. Winners are solely responsible for all taxes and for the lawfulness of their participation. Nothing on the Service is, or is intended to be, gambling, and you must not use the Service or its results for betting or wagering of any kind.

15. Third-party services, links and hosts

The Service may link to, interoperate with or cause your device to communicate with websites, hosts, sign-in providers, video and streaming platforms, archives, content delivery networks and other services that we do not own or control ("Third-Party Services"). We do not endorse, and are not responsible or liable for, any Third-Party Service, its content, availability, security, accuracy, legality or practices, or any loss or damage arising from your use of it. Your dealings with any Third-Party Service are solely between you and that third party and are governed by its terms and privacy practices. When your device connects to a Third-Party Service, that service will receive technical information such as your IP address directly from your device.

16. Privacy

Our Privacy Policy and Cookie Policy describe how we handle personal data. You acknowledge that you have read them.

17. Communications and electronic contracting

You consent to receive all notices, agreements, disclosures and other communications from us electronically, including by email to the address on your account, by in-Service message or by posting on the Service, and you agree that they satisfy any legal requirement that a communication be in writing. Notices are deemed received when sent or posted. You agree that your electronic acceptance of these Terms has the same effect as a handwritten signature. It is your responsibility to keep your email address current.

18. Availability, changes and discontinuation

18.1 We may change, suspend, restrict, remove or discontinue the Service, or any part, feature, region, map, mode, rule, season, data or content, permanently or temporarily, at any time, for any reason or no reason, with or without notice and without liability. We may impose or change limits on use at any time.

18.2 We have no obligation to provide, maintain, support, update, back up or continue the Service, to provide any particular level of availability, latency or performance, or to preserve any account, data, rating, replay or content. Games may be interrupted, desynchronised, lost, voided or recorded incorrectly. You accept this risk.

18.3 Any part of the Service identified as alpha, beta, preview, experimental or early access is provided for evaluation only and may be especially unreliable.

19. Suspension and termination

19.1 By us. We may, at our sole discretion, at any time, with or without notice, with or without cause and without liability: warn you; remove or restrict content; adjust or reset ratings and results; restrict features; suspend or permanently terminate your account and your access to all or part of the Service; block devices, networks or addresses; and refuse any current or future use. Without limiting that discretion, we may do so where we believe you have breached these Terms, where your conduct creates risk or possible legal exposure for us or anyone else, in response to a request from a rights holder or authority, or where we stop offering the Service in whole or in part.

19.2 By you. You may stop using the Service at any time and may request deletion of your account through your account settings or by contacting support@playscbw.com.

19.3 Consequences. On termination, your licence ends immediately and you must stop using the Service. You will not be entitled to any compensation of any kind. We may retain and continue to use information and User Content as described in these Terms and the Privacy Policy. If we suspend or terminate you, you must not create another account or otherwise return without our written permission.

19.4 Survival. Sections 1, 3.3, 4, 5.3, 6.2, 7.2, 8, 10 to 13, 15, 17 and 19 to 27, together with any other provision that by its nature should survive, survive termination or expiry of these Terms.

20. Disclaimer of warranties

20.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE PLATFORM MATERIALS, ALL AI FEATURES AND ALL CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS", WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.

20.2 WITHOUT LIMITING THE FOREGOING, THE OPERATOR AND ITS AFFILIATES, LICENSORS, SUPPLIERS, CONTRIBUTORS, VOLUNTEERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS AND ASSIGNS (TOGETHER, THE "OPERATOR PARTIES") EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

20.3 THE OPERATOR PARTIES DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, FAIR, FREE OF CHEATERS, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT ANY DATA, RATING, RESULT OR REPLAY WILL BE ACCURATE, PRESERVED OR RECOVERABLE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

20.4 THE OPERATOR PARTIES MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING ANY THIRD-PARTY GAME CONTENT OR ANY THIRD-PARTY SERVICE, INCLUDING THEIR AVAILABILITY, SOURCE, INTEGRITY, SAFETY, LEGALITY, LICENSING STATUS OR NON-INFRINGEMENT, OR REGARDING THE LAWFULNESS OF YOUR USE OF THE SERVICE IN ANY JURISDICTION.

20.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE OPERATOR PARTIES OR THROUGH THE SERVICE CREATES ANY WARRANTY. YOU USE THE SERVICE, AND OBTAIN AND USE ANY DATA THROUGH OR IN CONNECTION WITH IT, AT YOUR OWN DISCRETION AND SOLE RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, LOSS OF DATA OR OTHER HARM THAT RESULTS.

21. Limitation of liability

21.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY OPERATOR PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, REPUTATION, DATA, CONTENT, RATINGS, RANKINGS, VIRTUAL ITEMS, PRIZES OR ANTICIPATED SAVINGS, OR FOR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, ANY THIRD-PARTY GAME CONTENT, ANY THIRD-PARTY SERVICE, ANY USER CONTENT OR THE CONDUCT OF ANY USER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

21.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF ALL OPERATOR PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU ACTUALLY PAID TO THE OPERATOR FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) FIFTY UNITED STATES DOLLARS (US$50). MULTIPLE CLAIMS DO NOT ENLARGE THIS LIMIT.

21.3 THE OPERATOR PARTIES HAVE NO LIABILITY WHATSOEVER FOR ANY THIRD-PARTY GAME CONTENT, FOR YOUR OBTAINING OR USE OF IT, OR FOR ANY CLAIM BY ANY RIGHTS HOLDER AGAINST YOU.

21.4 You acknowledge that the Service is offered free of charge, by volunteers, on the basis of the disclaimers, exclusions and limitations in these Terms, that they reflect a reasonable and fair allocation of risk, and that they are an essential basis of the bargain between you and the Operator, without which the Service would not be provided.

21.5 Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, such as liability for fraud, for death or personal injury caused by negligence where the law so provides, or for gross negligence or wilful misconduct where the law so provides. Where an exclusion or limitation is not permitted, liability is limited to the smallest extent permitted by law.

22. Indemnification

To the fullest extent permitted by applicable law, you will defend, indemnify and hold harmless every Operator Party from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, judgments, settlements, fines, penalties, losses, costs and expenses (including reasonable lawyers' fees and court costs) arising out of or relating to: (a) your access to or use of the Service; (b) any Third-Party Game Content obtained, stored, used, displayed, streamed, recorded or distributed by you or on your device, and any inaccuracy in your warranties in Section 4.3; (c) your User Content; (d) your streams, videos, channels and other content relating to the Service; (e) your breach or alleged breach of these Terms; (f) your violation of any law or of any right of any third party, including any intellectual property, publicity, confidentiality or privacy right; (g) any dispute between you and another user or third party; or (h) your negligence or wilful misconduct. We may assume the exclusive defence and control of any matter subject to indemnification, at your expense, and you will cooperate fully with us. You will not settle any matter without our prior written consent.

23. Release

To the fullest extent permitted by applicable law, you release and forever discharge every Operator Party from all claims, demands, damages, losses and liabilities of every kind, known or unknown, arising out of or relating to any dispute or interaction between you and any other user or third party, any Third-Party Service, or any Third-Party Game Content. If you are a California resident, you waive California Civil Code section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party", and any similar law of any other jurisdiction.

24. Disputes, class action waiver and time limit

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

24.1 Scope. "Dispute" means any dispute, claim or controversy between you and any Operator Party arising out of or relating in any way to these Terms, the Service, any communications from us or your relationship with us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, whether arising before or after you accepted these Terms, and including the validity, enforceability and scope of this Section 24.

24.2 Informal resolution first. Before starting any proceeding, the party raising a Dispute must send the other a written notice describing the Dispute, the facts and the relief sought. Notices to us must be sent to legal@playscbw.com from your account email; we will send notices to your account email. The parties will then attempt in good faith to resolve the Dispute for at least sixty (60) days. Completing this process is a condition precedent to starting any proceeding, and any limitation period is tolled during those sixty days.

24.3 Forum. A Dispute that is not resolved informally may be brought only on an individual basis, and only in the courts identified in Section 25. We may seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights, security or the integrity of the Service.

24.4 CLASS ACTION AND REPRESENTATIVE ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE OPERATOR AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING.

24.5 JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE OPERATOR EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING.

24.6 Costs. Each party bears its own lawyers' fees and costs, except where applicable law requires otherwise.

24.7 Time limit for claims. To the fullest extent permitted by applicable law, any Dispute must be commenced within one (1) year after the claim first arose; otherwise it is permanently barred.

25. Governing law and courts

25.1 These Terms, and any Dispute, are governed by the laws of the jurisdiction in which the Operator is established at the time the Dispute arises, without regard to conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

25.2 The courts of the jurisdiction in which the Operator is established have exclusive jurisdiction over any Dispute, and you irrevocably submit to the personal jurisdiction of, and waive any objection to venue in, those courts. We may nevertheless bring proceedings against you in the courts where you live or where any breach occurs.

25.3 Consumers. If you are a consumer habitually resident in a country whose laws give you mandatory protections or a right to bring proceedings in your local courts (as may be the case in the European Economic Area, the United Kingdom and Switzerland), nothing in these Terms, including Sections 20 to 25, deprives you of those protections or that right, and those Sections apply to you only to the extent your mandatory local law permits.

26. Changes to these Terms

We may amend these Terms at any time at our sole discretion by posting an updated version on the Service and updating the "Last updated" date. Changes take effect when posted, unless we state a later date. We may, but are not required to, notify you by other means or ask you to accept the updated Terms again. Your continued access to or use of the Service after an update takes effect is your acceptance of the updated Terms. If you do not agree, your only remedy is to stop using the Service and close your account. You are responsible for reviewing these Terms regularly.

27. General

27.1 Entire agreement. These Terms are the entire agreement between you and the Operator about the Service and supersede all prior or contemporaneous understandings, statements and agreements about it. You confirm that you have not relied on any statement that is not set out in these Terms.

27.2 Severability and reformation. If any provision of these Terms is held invalid, illegal or unenforceable, it will be enforced to the maximum extent permissible, modified to the minimum extent needed to make it enforceable, or if that is not possible severed, and the remaining provisions will remain in full force and effect.

27.3 No waiver. Our failure or delay in enforcing any right or provision is not a waiver of it. Any waiver must be in writing and signed by us.

27.4 Assignment. You may not assign, transfer or delegate these Terms or any right or obligation under them, by operation of law or otherwise, and any attempt is void. We may freely assign, transfer, novate, subcontract or delegate these Terms and any of our rights and obligations, in whole or in part, without notice or consent, including in connection with any merger, acquisition, reorganisation, sale of assets or transfer of the Service to a new operator. These Terms bind and benefit the parties and their permitted successors and assigns.

27.5 The Operator. The Service may be operated by an individual, a group of individuals or a legal entity, and the identity and legal form of the Operator may change over time. Whoever operates the Service from time to time is the "Operator" and is entitled to the full benefit of, and to enforce, these Terms. You agree that the Operator is not required to disclose the identity of any natural person involved in the Service except where mandatory law requires it, and that you will not attempt to identify, locate, publicise or harass any such person.

27.6 Third-party beneficiaries. Every Operator Party is an intended third-party beneficiary of Sections 20 to 24 and may enforce them. Otherwise, no one other than you and the Operator has any right to enforce these Terms.

27.7 Force majeure. We are not liable for any failure or delay caused by anything beyond our reasonable control, including failures of the internet, hosting, networks, utilities or third-party services, attacks, acts of government or regulators, legal demands, labour disputes, natural events, war, terrorism or epidemics.

27.8 No relationship. Nothing in these Terms creates any partnership, joint venture, employment, agency or fiduciary relationship between you and the Operator.

27.9 Export controls and sanctions. You represent that you are not located in, resident in or a national of any country or territory subject to comprehensive sanctions or embargo, and are not on any governmental list of prohibited or restricted parties. You will comply with all applicable export control and sanctions laws.

27.10 Equitable relief. You agree that a breach of Sections 4, 6 or 7 would cause us irreparable harm for which damages would be inadequate, and that we are entitled to injunctive and other equitable relief without proof of actual damage and without posting a bond or other security, in addition to every other remedy. To the fullest extent permitted by law, you agree that you will not seek, and are not entitled to, any injunction or other equitable relief that would interrupt, restrain or prevent the operation, development or exploitation of the Service.

27.11 Language. These Terms are written in English. Any translation is provided for convenience only, and the English version prevails to the extent of any inconsistency, except where mandatory law requires otherwise.

27.12 Interpretation. Headings are for convenience only. These Terms will not be construed against the Operator as drafter. "Or" is not exclusive. References to a law include it as amended or replaced.

27.13 California users. Under California Civil Code section 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

27.14 Contact. Legal notices to the Operator must be sent by email to legal@playscbw.com. General questions may be sent to support@playscbw.com. Notices sent in any other way are not effective.