Terms of Service
The terms of this agreement ("Terms of Service") govern the relationship between you and [Peacely Online], the creator and owner of Peacely Online (hereinafter "Peacely Online," "Us," or "We") regarding your use of Peacely Online’s games, websites, store, and related services (collectively, the "Service"). Use of the Service is also governed by Peacely Online's Privacy Policy and any other relevant policies, which are incorporated into these Terms by reference.Before accessing or using the Service, including browsing any Peacely Online website or playing the game, you must agree to these Terms of Service and the Privacy Policy. A guest account may be created for you for the use of the Service, and you may also be required to register an account (collectively referred to as "Account"). These Accounts include, but are not limited to, game accounts and in-game ID. By using or registering for an Account or otherwise using the Service, you affirm that you are of legal age in your country of residence. If you are not of legal age, your legal guardian must review and agree to these Terms of Service on your behalf.
BY INSTALLING, USING, OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE, OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED BY LAW.
IMPORTANT NOTICE: For U.S. and Canadian residents, you also agree that disputes with Peacely Online must be resolved on an individual basis through final and binding arbitration as described in Section 8 (“Dispute Resolution”).
Peacely Online reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms of Service, its Privacy Policy, and other relevant policies at any time by posting the amended terms on the Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Peacely Online Privacy Policy, or any other relevant policy, your right to use the Service will immediately terminate, and you must stop using the Service.
1. Using the Service
1.1. Your Right to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Peacely Online policies, you have a non-exclusive, non-transferable, non-sublicensable, revocable, and limited right to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
The following restrictions apply to the use of the Service:
You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (such as PayPal) by minors.
You shall not (or attempt to) purchase, sell, rent, or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself. You shall not use the Service if you have previously been removed by Peacely Online or have been banned from playing any Peacely Online game.
You shall not use the Service to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk, spam emails, or repetitive or misleading messages to anyone.
Login Information and Your Account
You may be required to select a password for your Account, or you may use other credentials to access your Account ("Login Information"). You shall not share your Account or Login Information, nor allow anyone else to access your Account or take any action that might jeopardize the security of your Account. If you become aware of or reasonably suspect any breach of security, including but not limited to any loss, theft, or unauthorized disclosure of your Login Information, you must immediately notify Peacely Online and modify your Login Information. You are solely responsible for maintaining the confidentiality of your Login Information and will be held responsible for all uses of your Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.
Peacely Online 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 that party's rights.
Unless you are using Peacely Online ID, the Service supports only one Account per game on a supported device.
Peacely Online ID
Peacely Online ID is a service that allows you to safeguard your game account and easily access Peacely Online on all your mobile devices. To ensure the security and privacy of your account, you will not be able to disconnect Peacely Online ID from your game account once you sign up for it. If you have any questions about Peacely Online ID, you can contact us through the support features within the game.
Use Limitations
Any use of the Service in violation of these Use Limitations is strictly prohibited and may result in the immediate revocation of your limited right to use the Service, as well as potential legal liability.
You agree that you will not, under any circumstances:
• Engage in any act that Peacely Online deems to be in conflict with the spirit or intent of the Service or make improper use of Peacely Online's support services.
• Use or participate (directly or indirectly) in cheats, exploits, automation software, emulators, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Service, any Peacely Online game, or the Peacely Online gaming experience.
• Modify or cause to be modified any files that are part of the Service or any Peacely Online game without Peacely Online's express written consent.
• Disrupt, interfere with, or adversely affect the normal flow of the Service or act in a manner that negatively impacts other users' experience while using the Service or playing Peacely Online games. This includes win trading and any manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players, and any action that intentionally abuses or contradicts the design of the Service.
• Disrupt, overburden, or assist in disrupting or overburdening any computer or server used to offer or support the Service or any Peacely Online game environment.
• Institute, assist, or become involved in any type of attack, including, but not limited to, distribution of a virus, denial-of-service attacks on the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
• Attempt to gain unauthorized access to the Service, Accounts registered or used by others, or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by Peacely Online, including but not limited to circumventing or modifying, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
• Post any information that is abusive, threatening, obscene, defamatory, libelous, or objectionable in any manner, or engage in ongoing toxic behavior, such as repeatedly posting unsolicited information.
• Post any information that contains nudity, excessive violence, or offensive subject matter, or links to such content.
• Attempt to harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person or group, including Peacely Online employees and customer service representatives.
• Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other rights of any person or entity, or impersonate any other person, including without limitation a Peacely Online employee.
• 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 Service or any Peacely Online game, or to obtain any information from the Service or any Peacely Online game using methods not expressly permitted by Peacely Online.
• Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service or any Peacely Online game.
• Collect or post anyone's private information, including personally identifiable information (whether in text, image, or video form), identification documents, or financial information through the Service.
• Use any Peacely Online game for gambling, betting, or any similar activity in which prizes or rewards can be won (directly or indirectly), including betting on the outcome of matches in which you participate as a player, regardless of whether a fee or stake is involved.
• Use the Service in any way that would violate any export controls, anti-money laundering rules, economic sanctions, or similar laws or regulations, including but not limited to those imposed by the United States and/or the European Union.
Peacely Online reserves the right to determine what conduct it considers to be in violation of these rules or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Peacely Online reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service, in whole or in part.
1.2. Suspension and Termination of Account and Service
Without limiting any other remedies, Peacely Online may limit, suspend, terminate, modify, or delete Accounts or access to the Service or portions thereof with or without notice to you (i) if you are, or Peacely Online suspects that you are, failing to comply with these Terms of Service; or (ii) for any actual or suspected illegal or improper use of the Service. You may lose your username and persona in the Service as a result of account termination or limitation, as well as any benefits, privileges, earned virtual items, and purchased virtual items associated with your use of the Service. Peacely Online is under no obligation to compensate you for any such losses or consequences.
Without limiting our other remedies, we may limit, suspend, or terminate the Service and Accounts or portions thereof, prohibit access to our games and sites, and their content, services, and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the Service if we believe they are creating risks or potential legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our Terms or policies. Additionally, we may, in appropriate circumstances and at our sole discretion, suspend or terminate Accounts of users who may be repeat infringers of third-party intellectual property rights.
Peacely Online reserves the right to terminate any Account that has been inactive for 180 days.
Peacely Online reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your right to use the Service or part thereof will be automatically terminated. In such event, Peacely Online shall not be required to provide refunds, benefits, or other compensation to users in connection with such discontinued Service. Termination of your Account may include disabling your access to the Service or any part thereof, including any content you submitted or others submitted.
You may terminate your Account at any time and for any reason by following the process described on our support page located at Peacely Online Support.
2. Ownership
2.1. Games and Service
All rights, title, and interest in and to the Service (including, without limitation, any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catchphrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Peacely Online game client, and the Peacely Online game clients and server software) are owned by Peacely Online. Peacely Online reserves all rights, including, without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
2.2. Accounts
Notwithstanding anything to the contrary in these terms, you acknowledge and agree that you shall have no ownership or other property interest in your Account. Further, you acknowledge and agree that all rights to and in the Account are, and shall always remain, the property of Peacely Online and shall inure to its benefit.
2.3. Virtual Content
Peacely Online owns, has licensed, or otherwise holds rights to use all the content that appears in the Service or within Peacely Online games. Regardless of anything stated otherwise in these Terms, you agree that you have no right or title to any content that appears in the Service, including, but not limited to, virtual items, content, features, goods, services, or currency that may appear or originate in Peacely Online, whether earned in-game or purchased. This also includes any other attributes associated with an Account or stored within the Service.
3. User Content
3.1. Submission of User Content
"User Content" refers to any communications, images, sounds, and all materials, data, and information that you upload or transmit through a Peacely Online game client or the Service, or that other users upload or transmit, including, without limitation, any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent, and warrant that such transmission or submission is:
(a) accurate and not confidential or misleading;
(b) not in violation of any laws, contractual restrictions, or other third-party rights, and that you have obtained permission from any third party whose personal information or intellectual property is included in the User Content;
(c) free of viruses, adware, spyware, worms, or other malicious code; and
(d) you acknowledge and agree that any of your personal information contained within such content will at all times be processed by Peacely Online in accordance with its Privacy Policy.
3.1.1. Content Screening
Peacely Online assumes no responsibility for the conduct of any user submitting any User Content and does not take on the responsibility of monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may encounter User Content that is offensive, indecent, or otherwise not aligned with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service.
At our discretion, our representatives or technology may monitor and/or record your interactions with the Service or communications (including, without limitation, chat text) while you are using the Service.
By agreeing to these Terms of Service, you provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy regarding the transmission of any User Content, including, without limitation, chat text or voice communications.
Peacely Online reserves the right, at its sole discretion, to review, monitor, prohibit, edit, delete, disable access to, or otherwise make unavailable any User Content (including, without limitation, your User Content) without notice for any reason or for no reason at any time. Even if Peacely Online chooses to monitor the Service, it assumes no responsibility for User Content and has no obligation to modify or remove any inappropriate User Content. We retain the right, but not the obligation, to edit, refuse to post, or remove any User Content at our sole discretion.
3.2. Information Use by Other Members of the Service
3.2.1. Public Discourse
Peacely Online may include various forums, blogs, and chat features where you can post User Content, including your observations and comments on designated topics. We cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you wish to keep confidential and/or do not want others to use, do not post it on the Service. Peacely Online shall have no responsibility to evaluate, use, or compensate you for any ideas or information you choose to submit.
3.2.2. Responsible for Your Own Content
You are solely responsible for the information you post on, through, or in connection with the Service and that you provide to others. Peacely Online reserves the right to reject, refuse to post, or delete any User Content for any reason or no reason at all, including, but not limited to, User Content that, in our sole judgment, violates these Terms of Service.
3.2.3. Your License to Peacely Online
You hereby grant to Peacely Online an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third parties) 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 User Content, as well as all modified and derivative works thereof, in connection with our provision of the Service, including marketing and promotions.
You also grant Peacely Online the right to authorize others to exercise any of the rights granted to us under these Terms of Service. Additionally, you grant Peacely Online the unconditional, irrevocable right to use and exploit your name, likeness, and any other information or material included in any User Content in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner.
Peacely Online does not claim any ownership rights in your User Content, and nothing in these Terms of Service is intended to restrict any rights you may have to use and exploit your User Content. We have no obligation to monitor or enforce your intellectual property rights in or to your User Content.
3.3. User Interactions
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through Peacely Online and/or its games. While Peacely Online reserves the right, it has no obligation, to become involved in any disputes that may arise. You agree to fully cooperate with Peacely Online in investigating any suspected unlawful, fraudulent, or improper activity, including, but not limited to, granting Peacely Online access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release Peacely Online (and its 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.
4. Fees and Purchase Terms
4.1. Purchases
In Peacely Online, you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable right to use (a) virtual currency, including but not limited to virtual cash or diamonds, for use in Peacely Online; (b) virtual in-game items, content, or features; and (c) other goods or services (points a – c are jointly referred to as "Virtual Items"). You are only permitted to purchase Virtual Items from Peacely Online or its authorized partners through the Service, and not through any other means.
You expressly agree that we will begin the performance of the purchase agreement for Virtual Items or any other digital content before the expiration of any statutory withdrawal period defined in applicable laws. By giving explicit prior consent, you acknowledge that the content you have purchased will be delivered to you before the withdrawal period ends, thereby waiving your statutory right of withdrawal.
Peacely Online may manage, regulate, control, modify, or eliminate Virtual Items at any time, with or without notice. To the fullest extent permitted under applicable law, Peacely Online shall have no liability to you or any third party in the event that it exercises any such rights.
The transfer of Virtual Items is prohibited except where expressly authorized in the Service. Other than as expressly permitted, you shall not sell, purchase, redeem, or otherwise transfer Virtual Items to any person or entity or attempt any of the aforementioned actions, including but not limited to Peacely Online, another user, or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE EXCEPT WHERE REQUIRED UNDER APPLICABLE LAW. Please refer to our Parents Guide for more information regarding purchases made by minors.
The provision of Virtual Items for use in Peacely Online is a service provided by Peacely Online that commences immediately upon acceptance of your purchase.
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. Peacely Online may revise the pricing for the Virtual Items offered through the Service at any time. YOU ACKNOWLEDGE THAT PEACELY ONLINE 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. Updates to the Service
You understand that the Service is an evolving one. Peacely Online may require that you accept updates to the Service and to the games you have installed on your device or computer. You acknowledge and agree that Peacely Online may update the Service and its games, with or without notifying you. You may need to update third-party software from time to time in order to receive the Service and play Peacely Online games.
6. Disclaimer of Warranties
WITHOUT LIMITING PEACELY ONLINE'S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PEACELY ONLINE DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEACELY ONLINE 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 OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PEACELY ONLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, PEACELY ONLINE SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO PEACELY ONLINE IN ACCORDANCE WITH THESE TERMS OF SERVICE 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 PEACELY ONLINE DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND PEACELY ONLINE'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH PEACELY ONLINE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF PEACELY ONLINE OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF PEACELY ONLINE.
You agree to indemnify, defend and hold Peacely Online (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service; however, the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
8. Dispute Resolution
You and Peacely Online agree that the processes for dispute resolution described in this agreement will apply to any dispute or claims related to these Terms of Service, the Privacy Policy, or the Service. Disputes include any claims of any kind, including but not limited to legal, equitable, or statutory claims. The processes for dispute resolution will apply even if you stop using your Account, delete your Account, or stop using the Service. They will also apply to disputes that arose before we entered into this agreement.
Sections 8.1 to 8.6 apply to you if you are a resident of the United States or Canada. These sections do not apply to you if you are a resident of any other country.
8.1. Informal Dispute Resolution
You must attempt to informally resolve any dispute directly with Peacely Online for at least thirty (30) days before you initiate arbitration. The informal dispute resolution process begins when you provide Peacely Online with written notice of the dispute through [email protected].
8.2. Arbitration Agreement
You and Peacely Online agree to resolve any disputes exclusively through final and binding arbitration as follows:
Either you or Peacely Online may choose to submit any dispute for resolution exclusively by final and binding arbitration unless the claim falls within the exceptions described below. If either party brings a claim in court that can be resolved by arbitration under this section, then either party may request the court to order the parties to resolve the claim through arbitration. The arbitrator will have the exclusive authority to decide the validity or enforceability of any portion of Section 8 (“Dispute Resolution”) and whether it applies to a claim.
An arbitration proceeding will be conducted by a neutral arbitrator. This means you and Peacely Online agree to waive the right to resolve the dispute in a trial before a judge or jury. Arbitration follows different rules than more formal lawsuits. For instance, the ability to compel the other party to disclose information may be more limited than the discovery process in formal lawsuits. Once the arbitrator reaches a decision, that decision will be final. Either you or Peacely Online can request the arbitrator to provide a written explanation of the decision or award. Either party can then ask a court to confirm or enter the arbitrator’s final decision or award, making it equivalent to a court judgment. Generally, neither you nor Peacely Online will be able to alter the arbitration outcome through courts, except in very limited circumstances.
8.3. Arbitration Process
The arbitration will be conducted by the American Arbitration Association (“AAA”). AAA’s rules and procedures will govern the arbitration, including the Consumer Arbitration Rules. In the event of a conflict between these Terms of Service and AAA’s rules and procedures, these Terms of Service will take precedence. You can review AAA’s Rules or initiate arbitration by visiting AAA’s website. If either party decides to commence arbitration, we agree to provide the other party with a written Demand for Arbitration as outlined in AAA’s Rules.
The fees for arbitration will be determined according to AAA’s Consumer Arbitration Rules. If the arbitrator finds those fees to be excessive, Peacely Online will cover the costs. Each party will be responsible for their own attorneys’ fees and costs unless the claims allow the prevailing party to recover attorneys’ fees and costs; in such cases, the arbitrator may award them according to applicable law. If either party unsuccessfully challenges the validity of the arbitrator’s decision or award in a subsequent court case, the unsuccessful party shall pay the opposing party’s costs and attorneys’ fees related to the challenge.
The arbitration will be conducted either in [Your City], [Your State/Country] or in the county or province where you reside.
8.4 Exceptions to Agreement to Arbitrate
You and Peacely Online agree that the arbitration agreement outlined in Section 8.2 will not apply to the following disputes:
Claims regarding Peacely Online’s intellectual property, including claims to enforce, protect, or contest the validity of Peacely Online’s copyrights, trademarks, trade dress, domain names, patents, trade secrets, or other intellectual property rights.
Claims related to piracy or tortious interference.
Claims that, by law, are not subject to arbitration and are not preempted by federal law allowing for an agreement to arbitrate.
Claims filed in small claims court.
Any dispute not subject to arbitration under these exceptions shall be resolved by a court of competent jurisdiction as described in Section 10 (“Venue for Disputes Not Subject to Arbitration”).
8.5 No Class Actions
You and Peacely Online agree that claims can only be brought against each other on an individual basis. This means:
You cannot bring a claim against Peacely Online as a plaintiff or class member in a class, collective, consolidated, or representative action.
The arbitrator cannot combine any other person’s claims with yours into a single case or preside over any class, collective, consolidated, or representative arbitration proceeding.
The arbitrator’s decision or award in your case will not apply to anyone else and cannot be used to decide other people’s disputes.
If this section (Section 8.5 “No Class Actions”) is found to be unenforceable or invalid, then the entirety of Section 8, including Sections 8.1 to 8.6, shall be void.
8.6 Opt-Out of Arbitration Agreement and No Class Actions Provisions
You can choose to opt out of and not be bound by the Arbitration Agreement and No Class Action provisions above (Sections 8.1 to 8.5) by sending written notice of your decision to opt out to [email protected] with the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” You must send us this notice within thirty (30) days of your first use of the Service or the availability of this opt-out, whichever is later. If you do not send us a notice within that time, you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Peacely Online will also not be bound by them.
8.7 Alternative and Online Dispute Resolution
If you are a consumer based in the EU or EEA, you may make use of the Online Dispute Resolution platform offered by the European Commission as an out-of-court alternative to resolve disputes. You may also recourse to alternative dispute resolution and refer a dispute to the consumer disputes board or other corresponding out-of-court institution in your domicile.
9. Applicable Law
If you are a resident of Thailand: (1) the laws of Thailand govern the interpretation and enforcement of the agreement to arbitrate and no class actions provisions of Section 8, and (2) any dispute arising out of or related to these Terms of Service, the Privacy Policy, or the Service shall be governed in all respects by the laws of Thailand without regard to conflict of law provisions.
If you are a resident outside of Thailand, you agree that any claim or dispute arising out of or related to these Terms of Service, the Privacy Policy, or the Service shall be governed by the laws of Thailand without regard to conflict of law provisions.
10. Venue for Disputes Not Subject to Arbitration
If you are a resident of Thailand, you agree that any claim or dispute you may have against Peacely Online that is not subject to arbitration under Section 8 must be resolved exclusively by a court located in Thailand. You and Peacely Online consent to venue and personal jurisdiction in Thailand for all such claims or disputes.
If you are a resident outside of Thailand, you agree that any claim or dispute you may have against Peacely Online must be resolved exclusively by a court located in Thailand
11. Severability
You and Peacely Online agree that if any portion of these Terms of Service or of the Peacely Online Privacy Policy is found illegal or unenforceable, in whole or in part, by any court of competent jurisdiction, such 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 thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
12. General Provisions
12.1. Assignment
Peacely Online may assign or delegate these Terms of Service and/or the Peacely Online 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 the Terms of Service or Privacy Policy without Peacely Online's prior written consent, and any unauthorized assignment and delegation by you is ineffective.
12.2. Supplemental Policies
Peacely Online may publish additional policies related to specific services such as forums, contests, or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
12.3. Entire Agreement
These Terms of Service, any supplemental policies, and any documents expressly incorporated by reference herein (including the Peacely Online Privacy Policy), contain the entire understanding of you and Peacely Online, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy, or precedent, between you and us with respect to the Service.
12.4. No Waiver
The failure of Peacely Online to require or enforce strict performance by you of any provision of these Terms of Service or the Peacely Online Privacy Policy, or failure to exercise any right under them, shall not be construed as a waiver or relinquishment of Peacely Online's right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by Peacely Online of any provision, condition, or requirement of these Terms of Service or the Peacely Online Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.
Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Peacely Online shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing and hand signed by you and a duly appointed officer of Peacely Online.
12.5. Notices
We may notify you via postings in our games, on peacely.online, via email, or any other communication means to the contact information you provide to us. All notices given by you or required from you under these Terms of Service or the Peacely Online Privacy Policy shall be in writing and addressed to: Peacely Online. Attn: Legal, MSK, Thailand, with a copy to [email protected].
12.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Peacely Online are of a unique and irreplaceable nature, the loss of which shall irreparably harm Peacely Online and which cannot be replaced by monetary damages alone. Therefore, Peacely Online shall be entitled to injunctive or other equitable relief (without the obligation of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Peacely Online game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service, and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).
12.7. Force Majeure
Peacely Online shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Peacely Online, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond Peacely Online'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, labor, or materials.