THIS AGREEMENT IS A LEGALLY BINDING CONTRACT; PLEASE READ IT CAREFULLY. Welcome to INJUSTICE 2. WB Games Inc. (“WB Games”) is proud to provide you with access to the online service (a “Game Server”) for use with an authorized, unmodified copy of INJUSTICE 2 game software installed on your PlayStation®4 computer entertainment system (a “System”) (together with any updates, the “Game Client”). Together, a Game Server and the Game Client make up INJUSTICE 2 (the “Game”). This Terms of Service (“TOS” or “Agreement”) governs your use of the Game Server, while the INJUSTICE 2 End User License Agreement (located here: http://support.wbgames.com/link/portal/24022/24028/Article/1488/Injustice-2-End-Users-License-Agreement-for-PS4) (the “EULA”), incorporated herein by this reference, governs your use of the Game Client. By connecting to or using a Game Server, you agree to be bound by the terms of this Agreement and the EULA.
If a dispute arises between you and us, you agree to first provide us with notice of your complaint via email to email@example.com so that the parties may attempt to resolve the dispute informally within sixty (60) days from the date your complaint is received.
Except as otherwise provided herein, this Terms of Service will be governed by, construed, and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California, excluding only the California body of laws concerning conflicts of law. Except as provided below, you consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, including for any action seeking to compel arbitration or vacate an arbitral award, and consent to the personal jurisdiction of such courts. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies) will not apply to these Terms and is hereby disclaimed.
With the exception of class actions, small claims court filings, or actions for preliminary injunctive relief (as further discussed below), any other dispute of any kind between you and WB Games arising under this Agreement or in connection with your use of the Game (“Dispute(s)”), if unresolved through the informal process outlined above, will be resolved by binding arbitration in Los Angeles County, California. If you are an individual consumer using the Game primarily for personal reasons such as to view entertainment content (an “Individual Consumer”), and you are located within the United States, you may alternatively select your state of residence as the place of arbitration, but all other actions remain subject to the venue and choice of law provisions in Section 16.b.
The arbitrator presiding over a Dispute will be a retired judge or justice of any state or federal court with substantial experience in the subject matter relevant to the matter in dispute and will follow California law, exclusive of conflict or choice of law rules, in adjudicating the dispute.
The parties acknowledge that this TOS evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement will be governed by the Federal Arbitration Act.
The parties agree that the arbitrator presiding over a Dispute will be instructed, whenever practicable, to resolve threshold legal issues by way of motions filed by the parties. The parties also agree that they will follow JAMS’ streamlined arbitration rules and procedures then in effect in arbitrating any Dispute, except to the extent that the JAMS rules are inconsistent with this Section 13.c including the class action waiver described below. The JAMS rules are available at www.jamsadr.com.
The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this TOS, including, but not limited to, any claim that all or any part of this TOS is void or voidable, or whether a claim is subject to arbitration. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity, other than class relief. The arbitrator’s award will be written, and binding, on the parties and may be entered as a judgment in any court of competent jurisdiction. If you are an Individual Consumer, WB Games will pay all arbitration administrative fees and fees for the arbitrator’s services, other than the $250 filing fee required for you to initiate a claim.
If you are an Individual Consumer and the claim you wish to assert against us is for less than $10,000 then, at your election, (i) the arbitration may proceed in-person, by telephone, or by written briefs or (ii) you may in lieu of arbitration bring your claim in small claims court. If either party files a claim in state or federal court that is required by this TOS to have been brought to arbitration, then the other party will be entitled to such party’s reasonable attorneys' fees incurred in successfully compelling arbitration.
Both parties reserve the right to seek a preliminary injunction or temporary restraining order from a federal or state court located in Los Angeles County, California. However, after such request for relief has been adjudicated by such court, the remainder of the Dispute will be resolved by binding arbitration as set forth herein.
YOU AND WB GAMES AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND THAT ANY CLAIMS BROUGHT UNDER THIS TOS OR IN CONNECTION WITH THE GAME MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The parties further agree that they will not participate in any class action (existing or future) brought by any third party arising under this Agreement or in connection with the Game. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration hereunder can proceed on a class-wide basis, then such class action is not subject to arbitration and must be litigated in state or federal court in Los Angeles County, California.
If you are an Individual Consumer, you may opt-out of this Section 16.c (Arbitration Agreement) within thirty (30) days of first accepting this TOS by fully and accurately completing the Opt Out form found here: http://pages.warnerbros.com/arbitration-opt-out-wb, including providing: (i) your full legal name, (ii) your complete mailing address, (iii) your phone number, (iv) if applicable, the username associated with your Account; and (iv) the date of your initial use of the Game.
Code of Conduct
You agree that you will not use the Game to upload, post, or otherwise distribute any User Content that:
In using the Game you also agree not to: