Terms of Use
Terms of Use
Last Updated: July 1st, 2024
PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR ANY OTHER WEBSITES OF 2WEEKS CORP. (COLLECTIVELY, THE “WEBSITE”), USING OR ACCESSING OUR GAMES IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE GAME (EACH A “GAME” AND COLLECTIVELY THE WEBSITE AND THE GAMES, THE “SERVICES”) BY 2WEEKS CORP. (“2WEEKS”) CLICKING ON THE “I ACCEPT” BUTTON, OR COMPLETING THE REGISTRATION PROCESS, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH 2WEEKS, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICES.
THE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
THE TERMS OF USE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE
In using the Service, you may be required to provide 2weeks with certain personally identifiable information, retention and use of which are subject to 2weeks’s Privacy Policy (the “Privacy Policy”), which is incorporated herein by reference and can be found at https://www.2weeks.games/privacy-policy.
Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Terms.”
1. Updates and Modifications
1.1 Changes to Terms. PLEASE NOTE THAT The Terms are subject to change by THE 2WEEKS in its sole discretion at any time. When changes are made, 2weeks will make a new copy of the Terms of Use available at the Website and within the Games and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website or within the Games. We will also update the “Last Updated” date at the top of the Terms of Use. If we make any material changes, and you have registered with us to create an Account (as defined in Section 2.2 below) we may also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new Users of the Services and will be effective thirty (30) days after posting notice of such changes on the Website for existing Users, provided that any material changes shall be effective for Users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (defined in Section 2.2 below). 2weeks may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
1.2 Modifications to Services. You understand that the Services are evolving. As such, 2weeks also reserves the right, at its discretion, to change, modify, update, suspend, restrict, or alter your access to any features or parts of the Games and/or Services, and may require that you download and install updates to the Services, at any time, without notice or liability to you. You also understand and agree that any such changes or updates to the Games might change the system specifications necessary to use the Games, and in such a case, you, and not 2weeks, are responsible for purchasing any necessary additional software and/or hardware in order to access and use the Games. You acknowledge that when an upgrade is available, previous versions of the Games may cease to be available or no longer be supported by 2weeks.
2. Use of Services
2.1. Grant of a Limited License to Use the Service
2.1.1 License. The Services and the information and content available therein (collectively, the “2weeks Properties”) are protected by copyright laws throughout the world. Subject to your agreement, and continuing compliance with these Terms, and any other relevant 2weeks policies, 2weeks grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to use and access the Games on a single computer that you own or control and to run such Games solely for your own individual, non-commercial, entertainment purposes only. You agree not to use the Service for any other purpose. You may not sell, copy, exchange, transfer, assign or otherwise distribute anything you copy, create, buy or derive from the Games, unless you are expressly permitted by 2weeks.
2.1.2 Necessary Equipment. The Services may require an internet connection to access internet-based features, authenticate the Services, or perform other functions. You acknowledge that you may be charged by your service provider, and shall be responsible for any such charges, for internet access.
2.2. Account
(a) Account Registration. In order to access certain features of the 2weeks Properties you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a user of the 2weeks Properties (“User”) who has registered an account either through the Games or the Website (“Account”), or has a valid account on the Third Party Service (as defined below) through which the User has connected to the Services (each such account, a “Third-Party Account”).
(b) Third Party Accounts. You may also link your Account with certain third party services (each, a “Third Party Service”) by either (i) providing your Third Party Account login information to us; or (ii) allowing us to access your Third Party Account, if permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers. You have the ability to disable the connection between your Account and your Third Party Accounts at any time by accessing the “Settings” section of the App or Website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SOCIAL NETWORKING SERVICE AND OTHER SOFTWARE APPLICATION PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SOCIAL NETWORKING SERVICE AND SOFTWARE APPLICATION PROVIDERS.
(c) Registration Data. In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the 2weeks Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the 2weeks Properties by minors. You may not share your Account or password with anyone, and you agree to (1) notify 2weeks immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or 2weeks has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 2weeks has the right to suspend or terminate your Account and refuse any and all current or future use of the 2weeks Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or SNS at any given time. 2weeks reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the 2weeks Properties if you have been previously removed by 2weeks, or if you have been previously banned from any of the 2weeks Properties.
2.3. Rules of Conduct. Any use of the Services in violation of these limitations set out in this Section is strictly prohibited, can result in the immediate revocation of your license and may subject you to liability for violations of law. 2weeks reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms or the Service itself. 2weeks reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Services. Such actionable violations are set forth in the following rules where you agree that you will not, under any circumstances:
(a) Engage in any act that 2weeks deems to be in conflict with the spirit or intent of the 2weeks Properties or make improper use of 2weeks’s support services;
(b) Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software, code or other device designed to modify or interfere with the 2weeks Properties or any 2weeks game experience or, without 2weeks’s express written consent, modify or cause to be modified any files that are a part of any 2weeks Games;
(c) Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any other 2weeks environment;
(d) Institute, assist, or become involved in any type of attack, including, but not limited to, distribution of a virus, denial of service attacks upon the 2weeks Properties, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Services;
(e) Attempt to gain unauthorized access to the 2weeks Properties, Accounts registered to other users, or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by 2weeks, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the 2weeks Properties;
(f) Post any content or information that is: abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable, offensive, a violation of the rights of any third party; or contains nudity, excessive violence, offensive subject matter, links to such content or links to content not created by 2weeks.
(g) Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including, but not limited to, 2weeks employees;
(h) Make available through the 2weeks Properties any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including, but not limited to, 2weeks employees;
(i) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the 2weeks Properties or any 2weeks game, or to obtain any information from the 2weeks Properties or any 2weeks game using any method not expressly permitted by 2weeks, except to the extent that such activities may not be prohibited by law, and in such circumstances provided that the information you obtain during such activities is:
(i) only used for the purpose of achieving the inter-operability of the 2weeks Properties with another software program;
(ii) not disclosed or communicated to any third party without 2weeks’s prior written consent; and
(iii) not used to create any software that is the same or similar to the 2weeks Properties.
(j) Solicit or attempt to solicit personal information from other users of the 2weeks Properties or any 2weeks game or collect or post anyone’s private information, including, but not limited to, personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Services;
(k) Use the 2weeks Properties in any way that could be considered illegal or immoral, which in some jurisdictions (including the United States) would include gambling or wagering;
(l) Breach any technology control or export laws and regulations that apply to the technology used or supported by the 2weeks Properties;
(m) Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation;
(n) Use the 2weeks Properties for any commercial purpose, including, but not limited to, communicating or facilitating any commercial advertisement or solicitation; or
(o) Reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose, any portion of the 2weeks Properties (including your Account), or access to or use of the 2weeks Properties.
3. User Generated Content
3.1. No Obligation to Pre-Screen User Content
(a) Types of Content. You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials (collectively, “Content”), is the sole responsibility of the party from whom such Content originated. This means that you, and not 2weeks, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available (“Make Available”) through the 2weeks Properties (“Your Content”), and that you and other Users of the 2weeks Properties, and not 2weeks, are similarly responsible for all Content they Make Available through the 2weeks Properties (“User Content”). Accordingly, 2weeks assumes no responsibility for the conduct of any User Content.
(b) No Obligation to Pre-Screen Content. You acknowledge that 2weeks has no obligation to pre-screen Content (including, but not limited to, User Content), although 2weeks reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that 2weeks pre-screens, refuses or removes any Content, you acknowledge that 2weeks will do so for 2weeks’s benefit, not yours. Without limiting the foregoing, 2weeks shall have the right to remove any Content that violates the Terms or is otherwise objectionable
3.2. Public Forums; Your Content
(a) Public Discourse. The 2weeks Properties may include various forums, blogs and chat features (collectively “Forums”) where you can post Content, including, but not limited to, your observations and comments on designated topics. 2weeks cannot guarantee that other Users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the 2weeks Properties. 2weeks shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit. When you disclose information or rely on any information in the Forums, you do so at your own risk. 2weeks reserves the right to, but has no obligation to, monitor the Forums, or any postings or other materials that you or other users transmit or post on the Forums, to alter or remove any such materials, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Service properly or to comply with legal obligations or governmental requests. Furthermore, you acknowledge that a large volume of information is available in these Forums and that people participating in such Forums may occasionally post message or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or even unlawful. 2weeks neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed in the Forums by you or the other users. The opinions expressed in the Forums reflect solely the opinions of you and/or the other users and may not reflect the opinions of 2weeks. 2weeks is not responsible for any errors or omissions in postings, for hyperlinks embedded in messages or for any results obtained from the use of the information contained in the Forums. Under no circumstances will 2weeks be liable for any loss or damage caused by your reliance on the information in the Forums or your use of the Forums.
(b) Your Content
(i) License to Your Content. You hereby grant to 2weeks an irrevocable, perpetual, transferable, non-exclusive, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, Your Content as well as all modified and derivative works of Your Content in connection with our provision of the 2weeks Properties, including marketing and promotions of the 2weeks Properties.
(ii) Waiver of Moral Rights. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in Your Content, regardless of whether Your Content is altered or changed in any manner.
(iii) Ownership of Your Content. 2weeks does not claim any ownership rights in Your Content and nothing in these Terms is intended to restrict any rights that you may have to use and exploit Your Content. 2weeks has no obligation to monitor or enforce your intellectual property rights in or to Your Content.
(iv) Ownership of Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the 2weeks Properties, including, but not limited to, the virtual goods or currency appearing or originating in any 2weeks game, whether earned in a game or purchased from 2weeks, or any other attributes associated with an Account or stored on or in the 2weeks Properties. 2weeks prohibits and does not recognize any purported transfers of virtual property effectuated outside the 2weeks Properties, or the purported sale, lease, gift or trade in the “real world” of anything that appears or originates in the 2weeks Properties. Accordingly, you may not trade, sell, or attempt to sell in-game items or currency for “real” money, or exchange those items or currency for value of any kind outside the game. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.
(c) User Interactions
(i) Interactions with Other Users. You are solely responsible for your interactions with other users of the 2weeks Properties and any other parties with whom you interact through the 2weeks Properties. 2weeks reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with 2weeks to investigate any suspected unlawful, fraudulent or improper activity, including, but not limited to, granting 2weeks access to any password-protected portions of your Account.
(ii) Release. If you have a dispute with one or more users, you release 2weeks (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
4. Fees
4.1. Purchases
(a) Virtual Currency & Virtual Items. In the Services, you may purchase, with “real world” money, a license to use (a) “virtual currency,” including, but not limited to, virtual coins, cash, tokens or points, all for use in 2weeks games (“Virtual Currency”); (b) “virtual in-game items” (together with “Virtual Currency,” “Virtual Items”); and (c) other goods or services (“Merchandise”). ALL PURCHASES AND REDEMPTIONS OF THIRD-PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICES ARE NON-REFUNDABLE. 2weeks prohibits and does not recognize any purported transfers of virtual property effectuated outside of the Services, or the purported sale, lease, gift or trade in the “real world” of anything that appears or originates in the Services. Accordingly, you may not trade, sell or attempt to sell in-game items or currency for “real” money, or exchange those items or currency for value of any kind outside of a game. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.
(b) Not Legal Tender. Virtual Currency does not expire. There are no dormancy or other fees applicable to Virtual Currency. Virtual Currency may only be redeemed toward the purchase of Virtual Items or Merchandise. 2weeks may, in its sole discretion, permit users to redeem Virtual Currency balances for its cash value, or replace it with new Virtual Currency at no cost to the User. Virtual Currency is not legal tender and cannot be reloaded, resold, transferred for value, redeemed for cash (except as described above) or applied to any other Account, except to the extent described herein, or as required by applicable law. VIRTUAL ITEMS AND MERCHANDISE CAN NEVER BE REDEEMED FOR REAL MONEY, GOODS, OR ANY OTHER ITEM OF MONETARY VALUE FROM 3 OR ANY OTHER PARTY. YOU UNDERSTAND THAT YOU HAVE NO RIGHT OR TITLE IN VIRTUAL ITEMS OR MERCHANDISE. ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
4.2. Payment of Fees. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. 2weeks may revise the pricing for the goods and services offered through the Service at any time. 2weeks may also provide links to other websites or third party services, some which may charge separate fees, which are not included in any fees that you may pay to 2weeks. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility. YOU ACKNOWLEDGE THAT 2WEEKS IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
5. Intellectual Property
5.1. 2weeks Intellectual Property. Except with respect to Your Content and User Content, you agree that 2weeks and its suppliers own all rights, title and interest in the 2weeks Properties (including but not limited to, any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a 2weeks game client, and the 2weeks game clients and server software). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services and/or the 2weeks Properties. Other trademarks, service marks and trade names that may appear on or in the 2weeks Properties are the property of their respective owners.
5.2. Digital Millennium Copyright Act (“DMCA”) Copyright Infringement Notification
(a) Generally. 2weeks respects the rights of others and expects you to do the same, particularly with regards to copyright law. Therefore, 2weeks responds to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”) and will terminate the Account of anyone 2weeks believes to be a repeat infringer of the rights of copyright holders.
(b) Infringement Procedure. If you are, or an agent of, a copyright owner, and you believe that any content hosted by 2weeks infringes your copyrights, then you may submit a notification pursuant to the DMCA (see Section 17 U.S.C. Section 512(c)(3)). Specifically, you must submit to the 2weeks Copyright Agent the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) the URL of the location on the 2weeks Properties containing the material that you claim is infringing;
(iv) your address, telephone number, and email address;
(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
(c) If you fail to comply with all of the requirements of Section 512(c)(3), your DMCA notice may not be valid. Further, if you send such a DMCA notice, 2weeks will reasonably attempt to send a copy of such a notice to the individual that uploaded the allegedly infringing content in order to afford the opportunity of the alleged infringer to reply with a counter notice (pursuant to Section 17 U.S.C. Section 512(g)(3)). The Privacy Policy does not protect information provided in these notices.
(d) Any such notices should be sent to 2weeks’s Designated Copyright Agent, whom can be reached as follows:
dmca@2weeks.games(e) For clarity, only DMCA notices should go to the 2weeks Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to 2weeks’s support:
support@2weeks.games6. Indemnification. You agree to indemnify and hold 2weeks, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “2weeks Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the 2weeks Properties; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. 2weeks reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with 2weeks in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the 2weeks Properties.
7. Disclaimers
7.1 Generally. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR DOMESTIC AND PRIVATE USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2WEEKS DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAMEs AND/OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7.2 Disclaimer of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE 2WEEKS PROPERTIES. YOU UNDERSTAND THAT 2WEEKS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE 2WEEKS PROPERTIES.
8. Limitation of Liability
8.1 Exclusion. NOTHING IN THESE TERMS SHALL AFFECT YOUR LEGAL RIGHTS AS A CONSUMER OR EXCLUDE OR LIMIT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OF 2WEEKS, FRAUD OR FRAUDLENT MISREPRESENTATION OR ANY OTHER LIABILITY WHICH CANNOT BE LEGALLY EXCLUDED OR LIMITED.
8.2 Types of Damages. 2WEEKS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 2WEEKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3 Cap on Damages. SUBJECT TO SECTION 8.1, IN ALL EVENTS, 2WEEKS SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO 2WEEKS IN ACCORDANCE WITH THESE TERMS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO 2WEEKS DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND 2WEEKS’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH 2WEEKS IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
8.4 User Content. THE 2WEEKS PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
8.5 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN 2WEEKS AND YOU. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the disclaimers and limitations included in these Terms may not apply to you. To the extent that 2weeks may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth in these Terms, the scope of such warranty, and the extent of 2weeks’s liability, shall be the minimum permitted under such applicable law.
9. Arbitration Agreement; Class Waiver; Waiver of Jury Trial
Please read this Arbitration Agreement carefully. It is part of your contract with 2weeks and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
9.1 Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by 2weeks that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and 2weeks, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
9.2 Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to 2weeks should be sent to: 2weeks Corp, 353 Lexington Ave, 4th Floor, Suite 400, New York City, NY 10016. After the Notice is received, you and 2weeks may attempt to resolve the claim or dispute informally. If you and 2weeks do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
9.3 Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If you initiate an arbitration in which you seek less than $500 in damages and comply with the Terms, including the notice requirement set forth in Section 10.2, the Company shall reimburse you for your AAA filing fee, and shall pay all administration and arbitrator fees up to a total amount of $500. If the Arbitrator grants you an award, the company will reimburse your attorney’s fees.
9.4 Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
9.5 Time Limits. If you or 2weeks pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
9.6 Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and 2weeks, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and 2weeks.
9.7 Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and 2weeks in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND 2WEEKS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
9.8 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
9.9 Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
9.10 Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
9.11 Right to Waive. Any or all of the rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Agreement.
9.12 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with 2weeks.
9.13 Small Claims Court. Notwithstanding the foregoing, either you or 2weeks may bring an individual action in small claims court.
9.14 Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
9.15 Courts. In any circumstances where the foregoing Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California, for such purpose.
10. Term and Termination.
10.1 Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the 2weeks Properties, unless terminated earlier in accordance with the Terms.
10.2 Termination of Services by You. If you want to terminate the Services provided by 2weeks, you may do so by (a) notifying 2weeks at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to 2weeks’s address set forth below.
10.3 Effect of Termination. Termination of any Services includes removal of access to such Services and barring of further use of the Services. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. 2weeks will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
11. Remedies
11.1 Violations. If 2weeks becomes aware of any possible violations by you of the Terms, 2weeks reserves the right to investigate such violations. If, as a result of the investigation, 2weeks believes that criminal activity has occurred, 2weeks reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. 2weeks is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the 2weeks Properties, including Your Content, in 2weeks’s possession in connection with your use of the 2weeks Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that Your Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of 2weeks, its Users or the public, and all enforcement or other government officials, as 2weeks in its sole discretion believes to be necessary or appropriate.
11.2 Breach. In the event that 2weeks determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the 2weeks Properties, 2weeks reserves the right to:
(a) Warn you via e-mail (to any e-mail address you have provided to 2weeks) that you have violated the Terms;
(b) Delete any of Your Content provided by you or your agent(s) to the 2weeks Properties;
(c) Discontinue your registration(s) with the any of the 2weeks Properties, including any Services or any 2weeks community;
(d) Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
(e) Pursue any other action which 2weeks deems to be appropriate.
11.3. No Subsequent Registration. If your registration(s) with or ability to access the 2weeks Properties, or any other Company community is discontinued by 2weeks due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the 2weeks Properties or any 2weeks community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those 2weeks Properties to which your access has been terminated. In the event that you violate the immediately preceding sentence, 2weeks reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
12 General Provisions
12.1 Assignment. 2weeks may assign or delegate these Terms and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms or Privacy Policy without 2weeks’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.
12.2 Severability. You and 2weeks agree that if any Section of these Terms or provision of the Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such Section or provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability in any other jurisdiction and without affecting the remaining Sections of the Terms or provisions of the Privacy Policy, which shall continue to be in full force and effect.
12.3 Governing Law. If you are a resident of the United States, these Terms and any dispute arising out of or related to it or Privacy Policy or the Service shall be governed in all respects by California law, without giving effect to any principles that provide for the application of the law of another jurisdiction.
12.4 Electronic Communications. The communications between you and 2weeks use electronic means, whether you visit the 2weeks Properties or send 2weeks e-mails, or whether 2weeks posts notices on the 2weeks Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from 2weeks in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that 2weeks provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
12.5 Entire Agreement. These Terms and any documents expressly incorporated by reference herein (including the Privacy Policy), contain the entire understanding of you and 2weeks, and supersede all prior understandings of the parties relating to the subject matter of these Terms, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and 2weeks with respect to the Service, provided however, the these Terms may be amended by 2weeks in accordance with Section 1.
12.6 No Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
12.7 Notices. Where 2weeks requires that you provide an e-mail address, you are responsible for providing 2weeks with your most current e-mail address. In the event that the last e-mail address you provided to 2weeks is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, 2weeks’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to 2weeks at the following address: 2weeks Corp, 353 Lexington Ave, 4th Floor, Suite 400, New York City, NY 10016. Such notice shall be deemed given when received by 2weeks by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
12.8 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the 2weeks Properties, please contact us at:
support@2weeks.gamesWe will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
12.9 Force Majeure. 2weeks shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of 2weeks, including, but not limited to, any failure to perform hereunder due to unforeseen circumstances or cause beyond 2weeks’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.
12.10 No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and 2weeks as a result of these Terms or your use of the Service.
12.11 Survival. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
12.12 Export Control. You may not use, export, import, or transfer the 2weeks Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the 2weeks Properties, and any other applicable laws. In particular, but without limitation, the 2weeks Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the 2weeks Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the 2weeks Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by 2weeks are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer the 2weeks products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
12.13 Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210
12.14 International Provisions. The following provisions shall apply only if you are located in the countries listed below.
(a) United Kingdom. A third party who is not a party to the Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the Terms, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.
(b) Germany. Notwithstanding anything to the contrary in Section 9, 2weeks also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).