GLOBAL  ADDENDUM

The following special provisions apply if you live in a country located in the European Economic Area, Switzerland, or United Kingdom.

1. ADDITIONAL TERMS AND AMENDMENTS

Notwithstanding anything in the “Additional Terms and Amendments” section of the Terms of Use (Section 2 above), you are only subject to those Supplemental Terms that you have expressly agreed to. This includes the Supplemental Terms that are listed in the Terms of Use and any additional Supplemental Terms that you agree to through the Liftoff Offerings.

When we materially change or modify the Terms of Use and any Supplemental Terms, we will provide you with reasonable advance notice of the changes and the opportunity to review the changes, except (a) when the changes are beneficial to you; (b) when the changes only address a new service or feature being launched; or (c) when the changes are to address an urgent situation, such as preventing ongoing abuse or responding to legal requirements. If you do not agree to the new terms, you should stop using Liftoff Offerings and, if you have one, close your Liftoff Account.

2. USER CONTENT

Notwithstanding anything in the “Reviews, Communications and Submissions” section of the Terms of Use (Section 7 above), the license you grant Liftoff to your User Content only lasts for as long as your User Content is protected by intellectual property rights.

3. TERMINATION OF ANY LIFTOFF ACCOUNT

Notwithstanding anything in the “Termination of Any Liftoff Account” section of the Terms of Use (Section 14 above), we will only terminate your Liftoff Account or your access to and use of other Liftoff Offerings for good cause. There is good cause if, taking into account all the circumstances of the specific case and weighing the interests of both parties, we cannot reasonably be expected to continue the contractual relationship, such as if you materially or repeatedly breach these Terms of Use. We may also suspend your Liftoff Account and access to our Liftoff Offerings for a period of up to ninety (90) days while we investigate suspected misconduct if the misconduct would qualify as good cause and we reasonably believe that misconduct may have occurred.

4. LEGAL GUARANTEES (SWITZERLAND AND UNITED KINGDOM ONLY)

If you live in Switzerland or the United Kingdom, this Section applies to you. The Liftoff Offerings will be provided using a commercially reasonable level of care and skill. Other than as expressly stated in these Terms of Use, Liftoff does not make any commitments about the reliability of the Liftoff Offerings or the ability of the Liftoff Offerings to meet your needs and disclaims all other warranties.

5. LEGAL GUARANTEES (EEA ONLY)

If you live in the European Economic Area, this Section applies to you. Consumer laws where you live provide that Liftoff is liable to you for supplying digital content and services that comply with any contract you have with Liftoff and with the objective and subjective criteria set out by the law. Under these consumer laws, Liftoff is liable for any lack of conformity that you discover:

·       Within two years for digital goods that Liftoff supplies to you on a one-off basis;

·       At any time for digital content or services that Liftoff supplies to you on a continuous basis; or

·       During any longer guarantee period provided by the laws of the country where you live.

Liftoff will not, however, be liable for the non-conformity if Liftoff can demonstrate that the lack of conformity is directly attributable to the incompatibility between the digital content or service and your digital environment and that you had been informed by Liftoff of the technical compatibility requirements of that content or service before the conclusion of the contract. You are required to cooperate with Liftoff, to the extent reasonably possible, necessary, and least intrusive for you, to determine whether the lack of conformity is caused by that incompatibility. If you want to make a guarantee claim, please contact us at the address provided in Section 12 of the Terms of Use.

6. MODIFICATIONS TO THE LIFTOFF SERVICES (EEA ONLY)

If you live in the European Economic Area, this Section applies to you. Liftoff may modify and adapt Liftoff Offerings and functionality beyond what is necessary to maintain the contractual conformity of the Liftoff Offerings (a “Modification”), for reasons such as (a) to implement changed legal requirements or case law, (b) to implement changed technical requirements such as a new technical environment or for other operational reasons, in particular to make necessary enhancements for the safety of users or other third parties, (c) to adapt to changed market conditions such as increased user numbers or significant changes of specific and verifiable open market costs, (d) due to changes in licenses we hold from third parties or other third party compliance requirements, and (e) for your benefit or to your advantage.

If such a Modification negatively impacts your access to or use of a Liftoff Offering and such negative impact is more than minor, ("Negative Modification"), Liftoff will provide you with reasonable advance notice of the Negative Modification ("Modification Notice"), except in urgent situations such as a modification to prevent abuse, to respond to legal requirements, or to address security or operability issues. The Modification Notice will include information on what the modification is, when the modification will take place, and your right to end your contract with us.

In the event of a Negative Modification, you have the right to terminate the agreement related to the respective Liftoff Offering free of charge with a notice period of 30 days. The 30-day period begins with your receipt of the Modification Notice. If the Negative Modification is made after you receive the Modification Notice, the period shall begin to run only from the date of the Negative Modification. The termination of the agreement is excluded if Liftoff enables you to maintain access and use of the Liftoff Offerings without the Negative Modification and without additional costs. Even after termination, Sections 2, 3, 4, 6-9, 14-22 and 26-27 of the Terms of Use, each as may be modified by the Global Addendum, will stay in effect.

7. LIMITATIONS OF LIABILITY

Notwithstanding anything in the “Limitations of Liability” section of the Terms of Use (Section 18 above), nothing in the Terms of Use will limit Liftoff’s liability for damages resulting from injury to life, body, or health that are based on an intentional or negligent breach of duty by Liftoff or its vicarious agents or for damages based on an intentional breach of duty or grossly negligent breach of duty by Liftoff or its vicarious agents.

For all other damages, Liftoff is only liable for its simple negligent violation of essential contractual obligations and such liability shall be limited to the damage foreseeable and typical for the contract at the time of conclusion of these Terms of Use. To be clear, essential contractual obligations are those whose fulfillment characterizes the contract and on which the user may rely. Otherwise, liability is excluded.

Insofar as the liability of Liftoff is limited or excluded, the limitations or exclusions shall also apply to the personal liability of any and all Liftoff employees, legal representatives, and vicarious agents.

The limitations and exclusions of liability according to this Section do not affect the liability of Liftoff according to the mandatory legal provisions of product liability acts in the countries where users are located. For users located in Germany, this includes liability due to the fraudulent concealment of a defect as well as the assumption of a guarantee for the quality of an item under the Product Liability Act.

8. CORRECTIONS

Liftoff exercises reasonable care to ensure that the price it lists for Liftoff Offerings are correct. However, errors may occur. If we accept and process an order for a Liftoff Offering where a pricing error was obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may end the contract and refund you any sums you have paid.

9. DISPUTE RESOLUTION

These Terms of Use and your access to and use of the Liftoff Offerings will be governed by and construed and enforced in accordance with the laws of the country where you live, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. In the event you bring legal proceedings in respect of these Terms of Use in the courts of the country where you live, you will benefit from any mandatory provisions of the law of the jurisdiction in which you are a resident. Nothing in these Terms of Use affects your rights as a consumer to rely on mandatory provisions of the jurisdiction in which you are a resident.

The European Commission provides for an online dispute resolution platform, which you can access at  https://ec.europa.eu/consumers/odr/. We prefer to solve your requests directly with you and therefore, unless otherwise agreed to by Liftoff in writing, we do not participate in alternative consumer dispute resolution proceedings. If you would like to bring a matter to our attention, please contact us.

10.        RIGHT OF WITHDRAWAL

Statutory withdrawal right: Notwithstanding any references to limited refund policies in the Terms of Use, if you purchase a Liftoff Offering (such as a Paid Virtual Item) for your own personal (non-commercial) use directly from Liftoff, you have the right to withdraw from the transaction within fourteen (14) days from the date of the transaction as long as none of the exceptions explained below apply.

Withdrawal procedure: To exercise the right of withdrawal, you must inform Liftoff of the decision to withdraw by providing written notice to Customer Service (https://bigfishgames.zendesk.com/hc/en-us/requests/new) of your desire to withdrawal. The following sample withdrawal form can (but does not have to) be used:

Effects of withdrawal: If you withdraw from a transaction made directly with Liftoff, we will reimburse you for all payments we have received from you within fourteen (14) days after receiving your withdrawal notice. Reimbursements may be limited, however, if you have lost your right to complete withdrawal from a contract (as explained below). For this reimbursement, we will typically use the same means of payment that you used for the original transaction, unless we have expressly agreed otherwise with you.

Losing your withdrawal right: You will lose your withdrawal right under the following circumstances:

·       When the contract is for a Liftoff Offering that is digital content, such as a game or software, not supplied on a tangible medium and you expressly agree to have Liftoff supply the digital content to you before the end of the withdrawal period. In such cases you lose your right of withdrawal and will not be entitled to any reimbursements.

·       When the contract is for a Liftoff Offering that is a digital service and you expressly agree to have Liftoff supply the digital content to you before the end of the withdrawal period. In such cases you may only exercise your withdrawal right with regard to any part of the services not yet performed, meaning that the refund you receive after withdrawing will be prorated based on the proportion of the services already provided by the time you notify us of your decision to withdraw.

Transactions with third parties: Liftoff is unable to refund transactions made via a distribution platform like the Apple App Store or Google Play. The App Provider’s refund policy will apply to such transactions, and customers who completed a transaction through an App Provider will need to contact the App Provider directly with any refund requests. See Section 23 of the Terms of Use for more information about how you can request a refund from an App Provider.