PATH OF EXILE - TERMS OF USE AND PRIVACY POLICY

  1. Terms of Use: Welcome to Grinding Gear Games Limited’s (“Grinding Gear Games”) ‘Path of Exile’ videogame (“POE”). These terms of use and privacy policy (“Terms of Use”) apply to your use of the POE website (“Website”) at www.pathofexile.com (or such other URL as the Website may subsequently be hosted at), the software, documentation and any associated materials comprising or made available to you in relation to POE (the “Materials”) as well as any services offered or provided by Grinding Gear Games or its nominated third parties in relation to POE (the “Services”). By making use of any of the Website, Materials and Services, you are deemed to have read and agree to be bound by these Terms of Use.

  2. Amendments: Grinding Gear Games reserves the right to amend these Terms of Use from time to time upon placing any such amendments on the Website or by providing you direct notice of any such changes. Your continued use of any of the Website, Materials and Services thereafter will be deemed to be acceptance by you of any such changes to these Terms of Use.

  3. Rights: Unless otherwise stated in these Terms of Use, Grinding Gear Games is the owner or licensee of all rights including all copyright, trade marks and other intellectual property rights relating to or included within the Website, Materials and Services (“Rights”). For the avoidance of doubt, and to the greatest extent permitted at law, the Rights include without limitation all rights in respect of all graphics, logos, text, images and all other elements included in and deriving from the gameplay and virtual world featured in POE, including without limitation in-game names, characters, locations and any virtual items (“Virtual Items”) and their associated benefits or properties acquired or provided for use within POE.

  4. Amendments to POE: Grinding Gear Games at all times retains the right to deal with the Rights as Grinding Gear Games at its sole discretion deems appropriate, including without limitation the right without notice to alter, modify, redesign, suspend or discontinue any aspect or feature of the Website, Materials (including without limitation the Virtual Items) and Services.

  5. Licence: Provided that you are 16 years or older, and also if you are younger than 18 years old you have legal parental or guardian consent to access and use the Website, Materials and Services, Grinding Gear Games grants you a limited licence (“Licence”) for the purpose of accessing, as applicable downloading, and making use of the Website, Materials and Services (or any parts of such as Grinding Gear Games may make available to you from time to time) and the related Rights for your own personal and non-commercial use in accordance with these Terms of Use. For the further avoidance of doubt, pursuant to clause 3, any rights you may have in respect of any elements or aspects of POE (including without limitation in respect of the in-game characters and Virtual Items) are strictly limited to a personal ‘licence to use’ such as part of the Licence and at no time do you acquire any ownership rights in respect of such. Any contravention by you of these Terms of Use or any other terms or conditions notified to you by Grinding Gear Games or any behaviour which Grinding Gear Games deems in its sole discretion is not in keeping with the intended spirit of participation in POE, immediately terminates the Licence, or such aspect of the Licence as Grinding Gear Games may otherwise provide you notice of. Termination of the Licence, or any aspect of the Licence, by Grinding Gear Games may without limitation also result in the taking of any of the further actions described in clause 16.

  6. Restrictions: Under no circumstances, without the prior written approval of Grinding Gear Games, may you:

    (a) Adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of the Website, Materials or Services other than in accordance with the Licence.

    (b) Modify or adapt (including through third parties and third party tools) the game client or its data, other than in the normal course of POE gameplay as permitted in accordance with the Licence.

    (c) Utilise any automated software or ‘bots’ in relation to your access or use of the Website, Materials or Services.

    (d) Knowingly perform any actions that may cause the computers used to support the Website, Materials and Services (the “Servers”) to become overloaded or crash.

    (e) Connect to the Servers through any software other than the authorised game client software.

    (f) Use any data gathering and extraction tools or software to extract information from the Website or utilize framing techniques to enclose any of the contents of the Website.

    (g) Use any meta tags or other hidden text which incorporate Grinding Gear Games’ name or any of its intellectual property including trade marks.

    (h) Perform in-game services during your use of the Website, Materials or Services for any form of compensation outside of POE.

  7. Recording and Streaming Gameplay: Subject at all times to the remaining provisions of these Terms of Use, the Licence provided for in clause 5 will also be deemed to provide you a limited licence to stream your POE gameplay on live streaming sites (including for example and without limitation www.twitch.tv) and to record videos of your POE gameplay and post such videos on video sharing sites (including for example and without limitation YouTube). Subject at all times to any further restrictions or conditions specified by Grinding Gear Games from time to time, such licence from Grinding Gear Games will also be deemed to allow you to include advertisements in such live streaming or recorded video content (together the “Gameplay Content”) and otherwise monetise such Gameplay Content as may be allowed by such live streaming or video sharing sites (together the “Gameplay Content Sites”). The terms of this clause 7 are at all times subject to your compliance with any further obligations imposed by the applicable Gameplay Content Sites you wish to make the Gameplay Content available through. Notwithstanding the foregoing, you agree that on request from Grinding Gear Games you will immediately arrange for the removal from or alteration of any Gameplay Content included on any Gameplay Content Sites and further agree that you will not pursue Grinding Gear Games for any actual or potential loss you may suffer in such regard.

  8. Indemnity: You agree to fully indemnify Grinding Gear Games for any loss or damage it may suffer in contract, tort, equity, statute, regulation or otherwise, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct or consequential as a result of your breach of the Licence and your use or any third party use of any Gameplay Content created by you including, in respect of any third party claims against Grinding Gear Games, its related parties, employees, contractors or agents.

  9. Posting Policy: The following provisions (“Posting Policy”) apply to any comments you post or any statements you make in any manner on the Website (which includes for the avoidance of doubt any associated forums) or any messages you send to other users of the Materials and Services (including as part of the POE gameplay) by any manner whether facilitated or otherwise allowable by the Materials and Services (“Posts”):

    (a) All Posts must represent your genuine opinion of the matter in question;

    (b) Personal abuse, foul language, inappropriate subject matter, obscene, harassing, threatening, hateful, or discriminatory or defamatory remarks of any nature, as may be determined by Grinding Gear Games in its sole discretion, or Posts otherwise in contravention of any law or court order, are not permitted;

    (c) Posts advertising or promoting any person or entity or their goods or services without the prior written approval of Grinding Gear Games are not permitted;

    (d) You grant Grinding Gear Games a perpetual, non-revocable royalty-free licence to:

    (i) make use of any Posts as Grinding Gear Games deems appropriate in relation to any of the Website, Materials and Services or the promotion of the same; and

    (ii) sub-licence third parties, on such terms as Grinding Gear Games deems appropriate, to make use of any Posts as Grinding Gear Games deems appropriate in relation to any of the Website, Materials and Services or the promotion of the same;

    (e) Grinding Gear Games reserves the right without notice, explanation or liability to:

    (i) restrict or remove your ability to make Posts;

    (ii) disallow the posting of any specific Posts;

    (iii) edit any specific Posts; and

    (iv) completely remove any Posts from the Website or anywhere else related to the Materials and Services (including as part of the POE gameplay) where they appear or are stored; and

    (f) You agree to indemnify Grinding Gear Games on demand for any loss or costs of whatever nature suffered by Grinding Gear Games whether direct or consequential as a result of any breach by you of clauses 9(a)-9(c).

  10. Image Policy: The following provisions (“Image Policy”) apply to any images you make available in any manner in relation to any of the Website, Materials and Services (including as part of the POE gameplay) (“Images”):

    (a) All rights of whatever nature (including without limitation copyright, registered and unregistered trade mark rights, rights of personality, privacy, confidentiality and any other intellectual property rights) in any Images must belong to you or you must have the right to make the images available in relation to the Website, Materials and Services in accordance with this Image Policy;

    (b) Pornographic, obscene, harassing, threatening, hateful, discriminatory or defamatory Images, as may be determined by Grinding Gear Games in its sole discretion, or Images otherwise in contravention of any law or court order, are not permitted;

    (c) You grant Grinding Gear Games a perpetual, non-revocable royalty free licence to:

    (i) make use of any Images as Grinding Gear Games deems appropriate in relation to any of the Website, Materials and Services or the promotion of the same; and

    (ii) sub-licence third parties, on such terms as Grinding Gear Games deems appropriate, to make use of any Images as Grinding Gear Games deems appropriate in relation to any of the Website, Materials and Services or the promotion of the same;

    (d) Grinding Gear Games reserves the right without notice, explanation or liability to:

    (i) restrict or remove your ability to make Images available;

    (ii) disallow the use of any specific Images;

    (iii) edit any specific Images; or

    (iv) completely remove any Images from the Website or anywhere else related to the Materials and Services where they appear or are stored; and

    (e) You agree to indemnify Grinding Gear Games on demand for any loss or costs of whatever nature suffered by Grinding Gear Games whether direct or consequential as a result of any breach by you of clauses 10(a)-(c).

  11. Content: While Grinding Gear Games has endeavoured to take all reasonable and appropriate care in the preparation of the content of the Website, Materials and Services and has no reason to believe that any information contained in any of the Website, Materials or Services is inaccurate or that any Posts or Images are in contravention of the Posting Policy and Image Policy, Grinding Gear Games does not warrant the accuracy, adequacy, or completeness of any information contained in any of the Website, Materials or Services and that such information is error free or that any Posts or Images are not in contravention of the Posting Policy and Image Policy. Grinding Gear Games does not undertake to keep any of the Website, Materials or Services updated. To the greatest extent permitted by law Grinding Gear Games does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained in any of the Website, Materials or Services or in relation to any Posts or Images, including without limitation where such loss or damage is a result of or contributed to by the negligence of Grinding Gear Games.

  12. Linked Websites: The Website, Materials or Services may contain links to other websites not controlled by Grinding Gear Games (“Linked Websites”). Those links are provided for convenience only and may not remain current or be maintained. Grinding Gear Games is not responsible for the content or privacy practices associated with Linked Websites. Grinding Gear Games’ links with Linked Websites should not be regarded as approval or as an endorsement, of those Linked Websites, their operators or owners, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites including further links contained on those Linked Websites, unless and to the extent stipulated to the contrary in these Terms of Use.

  13. Account Registration: To acquire or make full use of any of the Website, Materials and Services you will need to register for a Grinding Gear Games member account (“Member Account”). If you do choose to register for a Member Account you warrant that all information and personal details you provide to Grinding Gear Games are correct. In addition, you acknowledge that you are aware that POE has an R16 classification in New Zealand and warrant that you are over sixteen (16) years of age. You may not transfer your registration or any rights you may have in your Member Account to any other person or entity. For the avoidance of doubt, you acknowledge that you will have no ownership rights in your Member Account, including without limitation any Virtual Items connected with such Member Account.

  14. Usernames: Any username you choose in relation to your Member Account or as applicable any other identifier you choose for use in relation to your access or use of the Website, Materials and Services, may be viewable by other users of any of the Website, Materials and Services as applicable and you warrant that any such username or other identifier will not:

    (a) infringe the rights of whatever nature of any third party including without limitation copyright, registered and unregistered trade mark rights, rights of personality, privacy, confidentiality and any other intellectual property rights; and

    (b) contain foul language, inappropriate subject matter, obscene, harassing, threatening, hateful, or discriminatory or defamatory remarks of any nature as may be determined by Grinding Gear Games in its sole discretion or otherwise be in contravention of any law or court order.

  15. Confidentiality of Passwords: You must keep all password and login information associated with your Member Account confidential and not disclose such information to any third party or allow a third party access to your Member Account without first obtaining Grinding Gear Games’ written consent. You will be solely responsible for all activities undertaken and/or costs incurred under the use of your password and login. You must notify Grinding Gear Games immediately if you know or suspect that your Member Account has been accessed by a third party or your login or password details have been, or may have been, obtained by a third party.

  16. Cancellation of Membership: Grinding Gear Games reserves the right, acting at its sole discretion, to refuse to accept your registration request for a Member Account. To the greatest extent permitted by law, Grinding Gear Games also reserves the right, acting at its sole discretion, at any time to cancel your registration and access to your Member Account or to restrict, limit or otherwise change your existing rights of access to your Member Account, or any specific feature or benefit afforded to you in relation to your Member Account, including without limitation in respect of any Virtual Items, if it believes you have breached these Terms of Use or any other agreements you may have with Grinding Gear Games or for any other reason whatsoever. In such event you agree that Grinding Gear Games will not be required to provide you with prior notice or explanation in respect of such action. Notwithstanding the cancellation of access to your Member Account in any case, you agree you will remain fully liable for any outstanding liability owed to Grinding Gear Games. Grinding Gear Games may also, where it believes such action is necessary, without notice block IP addresses of any users who have breached the Terms of Use.

  17. Points: Grinding Gear Games may offer ‘game points’ for sale (“Points”) which can, in accordance with the procedures and further terms specified by Grinding Gear Games from time to time, be used to pay for certain goods and services, including without limitation Virtual Items, as may be offered from time to time by Grinding Gear Games in relation to the Website, Materials and Services. You must have an active Member Account in order to purchase Points. Grinding Gear Games reserves the right to offer or cease to offer Points for purchase or to restrict the purchase of Points by you at its sole discretion. To the greatest extent permitted by law Grinding Gear Games reserves the right to alter the terms and conditions relating to any Points which you have previously purchased. Grinding Gear Games reserves the right to provide Points at no charge to any users of any of the Website, Materials and Services on such terms and conditions as Grinding Gear Games at its sole discretion deems appropriate.

  18. Cost and Payment: The cost of any Points or any specific quantity of Points will be as specified by Grinding Gear Games at its sole discretion from time to time. Any Points available for purchase may only be purchased by such means and in accordance with any further conditions as Grinding Gear Games at its sole discretion may specify.

  19. Non-transferable: You are not entitled to transfer any Points you purchase (or any rights in respect of any Virtual Items including without limitation those you may purchase using Points) to any other person or entity, use such Points for the benefit of any other person or entity or deal with the Points or any rights or interest in the Points in any way, except as explicitly provided for in these Terms of Use.

  20. Points Cancellation: Grinding Gear Games reserves the right at any time without notice to cancel any Points previously acquired by you, as Grinding Gear Games at its sole discretion deems appropriate. In addition, in the event of the cancellation of your Member Account any unused Points you currently hold will automatically be deemed to also be cancelled. To the greatest extent permitted by law Grinding Gear Games will have no further liability to you with regard to any cancelled Points including with respect to any obligation to refund to you the purchase price paid for such Points.

  21. Links: If you provide a link to the Website you agree that you will not use any Grinding Gear Games logo, trade mark or other proprietary graphic as part of such link without the express prior approval of Grinding Gear Games.

  22. Collecting Information: Whenever you access or make use of any of the Website, Materials or Services, Grinding Gear Games may as applicable collect the following types of information from you:

    (a) the IP address of your machine when connected to the internet and the domain name from which you are accessing the internet;

    (b) the operating system and the browser your computer uses and any search engine you are using;

    (c) the date and time you are visiting;

    (d) the URLs of the Website pages you visit;

    (e) information relating to the actions you undertake within POE;

    (f) any Posts or Images; and

    (g) any telemetry details (such as speed of your connection and how well POE gameplay is running) associated with your access and use of POE,

    as well as any other information you may explicitly provide Grinding Gear Games in the course of accessing or making use of any of the Website, Materials or Services.

  23. Further Collection: Where possible, information will be obtained directly from you. However, you acknowledge that by accessing or making use of any of the Website, Materials or Services information may also be collected from you as a result of the workings of the Website, Materials or Services as applicable and the attached systems and software including without limitation in the case of the uploading of a ‘crash report’ to Grinding Gear Games in the event that a software crash in relation to POE occurs. The type of information uploaded to Grinding Gear Games as part of a ‘crash report’ will include a reference to your member account, a portion of the memory state of the POE game you were playing when the crash occurred and the game settings you were using, but not any other information from your computer or its memory.

  24. Use of Information: Grinding Gear Games uses the information provided by you or generated by your accessing or making use of any of the Website, Materials or Services to provide the services Grinding Gear Games provides to you in relation to any of the Website, Materials or Services. Grinding Gear Games also uses information collected from you to assess the performance of the Website, Materials and Services and to ensure that the Website, Materials and Services serve your needs in the most efficient manner possible.

  25. Cookies: Grinding Gear Games may also place cookies on your computer. Cookies are alphanumeric identifiers which are transferred to your computer’s hard drive through your web browser to enable Grinding Gear Games to recognise you whenever you access the Website and therefore better personalise your access of and use of the Website, Materials and Services. A cookie does not identify you personally but it does identify your computer. The help portion of your browser’s toolbar should tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. You should note however that if you do not allow the use of cookies or do not wish to provide certain information to Grinding Gear Games, you may not be able to take full advantage of the Website, Materials and Services.

  26. Statistics: Although Grinding Gear Games may use and publish non-personal aggregate statistics and group data about those people who access or make use of any of the Website, Materials or Services and their usage of any of the Website, Materials or Services, subject to the further terms of these Terms of Use, Grinding Gear Games will not share or make public personally identifiable information about you without your prior permission.

  27. Data Transmission: Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst Grinding Gear Games strives to protect such information, we do not warrant and cannot ensure complete security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take all reasonable steps to preserve the security of such information.

  28. Accessing Information: If you are an ‘Individual’ as that term is defined in the Privacy Act 1993 you are entitled to access any information which Grinding Gear Games may hold about you and Grinding Gear Games is obliged to provide this information to you as long as it has such information and such information can be readily retrieved. You are also entitled to request Grinding Gear Games correct any inaccuracies in any information which Grinding Gear Games holds about you. Grinding Gear Games is entitled to charge you for the reasonable costs of retrieving, providing this information and as applicable correcting this information.

  29. Providing Information: Notwithstanding any other provisions of these Terms of Use you agree that Grinding Gear Games may provide any personal information it collects about you to its related companies (as defined in section 2(3) of the Companies Act 1993), debt collection and credit reference agencies and any other parties it deems necessary in relation to providing you the Website, Materials and Services and exercising any lawful right Grinding Gear Games, its related companies or debt collection and credit reference agencies may have.

  30. Disclosing Information: You also agree that Grinding Gear Games is entitled to disclose information it holds about you without your prior permission if Grinding Gear Games reasonably believes that such disclosure is necessary to:

    (a) meet legal requirements;

    (b) comply with legal process or help to maintain the law;

    (c) protect Grinding Gear Games’ rights or property or that of Grinding Gear Games’ related companies; or

    (d) enforce these Terms of Service or any other agreement that Grinding Gear Games may have with you.

  31. Combining Information: Grinding Gear Games may combine any information which it collects from you or otherwise obtains, with information collected or otherwise obtained by its related companies.

  32. Lost Data: In the event that any information or data (including without limitation in respect of in-game characters, achievements, Virtual Items, Points or general POE gameplay) relating to you or your use of any of the Website, Materials and Services held by Grinding Gear Games or any third party on behalf of Grinding Gear Games is lost, corrupted or otherwise no longer reasonably available or accessible as judged by Grinding Gear Games in its sole discretion, you agree that to the greatest extent permissible at law Grinding Gear Games will have no liability to you of any nature relating to any such information or data.

  33. Accessing: You must take your own precautions to ensure that the process which you employ for accessing or making use of any of the Website, Materials and Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or any data contained therein. To the greatest extent permitted by law Grinding Gear Games does not accept responsibility for any interference or damage to your computer system or any data contained therein which may arise in connection with your accessing or making use of any of the Website, Materials and Services.

  34. Support: Grinding Gear Games reserves the right to make support services available in relation to any of the Website, Materials and Services on such terms and conditions as Grinding Gear Games at its sole discretion deems appropriate and further reserves the right to alter, suspend or withdraw such support services as Grinding Gear Games at its sole discretion deems appropriate.

  35. Exclusion of Warranty: To the greatest extent permitted by law, in relation to your access and use of the Website, Materials and Services, any condition or warranty either express or which would otherwise be implied by law into these Terms of Use is hereby excluded.

  36. Exclusion of Liability: To the greatest extent permitted by law, under no circumstances will Grinding Gear Games, its employees, contractors or agents be liable to you in contract, tort, equity, statute, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any third party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or bought against you which relate in any way to your access and use of any of the Website, Materials and Services, including without limitation in relation to any Posts or Images or any breach by you of the Posting Policy or Image Policy, or in respect of any failure or omission on the part of Grinding Gear Games to comply with its obligations as set out in these Terms of Use.

  37. Limitation of Liability: To the greatest extent permitted by law, in the event that any limitation or provision contained in these Terms of Use is held to be invalid or unenforceable for any reason and Grinding Gear Games becomes liable for any loss or damage that would otherwise have been excluded, Grinding Gear Games’ maximum liability in contract, tort, equity, statute, regulation or otherwise for any loss, damages or injury directly or indirectly arising in respect of your access and use of any of the Website, Materials and Services is to be limited to $50 in New Zealand currency.

  38. Jurisdiction: The provision and use of the Website, Materials and Services is governed by and is to be interpreted in accordance with the laws of New Zealand and subject to clause 39, in all matters relating to or arising from your access and use of any of the Website, Materials and Services, you agree to submit to the exclusive jurisdiction of the Courts of New Zealand. If you are accessing or making use of any of the Website, Materials and Services from outside of New Zealand then you agree that you are entirely responsible for ensuring that your access and use of any of the Website, Materials and Services will not contravene any laws in your country.

  39. Disputes: In the event that you have a dispute in respect of, relating to or arising from any of the Website, Materials and Services you must immediately notify Grinding Gear Games in writing giving details of the dispute. If Grinding Gear Games and yourself cannot resolve the dispute within fourteen (14) days of receipt by Grinding Gear Games of such notice then to the greatest extent permitted by law the following procedure will apply. The dispute will firstly be submitted to mediation by a mediator agreed to by both yourself and Grinding Gear Games or, failing agreement, appointed by the Arbitrators and Mediators Institute of New Zealand at the request of either you or Grinding Gear Games. If the matter is not resolved by mediation within fourteen (14) days from there, (unless you are a consumer as defined in the Consumer Guarantees Act 1993 and otherwise to the greatest extent permitted by law), the matter will be submitted for arbitration in accordance with the Arbitration Act 1996 by a single arbitrator agreed to by both yourself and Grinding Gear Games or, failing agreement, to be appointed by the Arbitrators and Mediators Institute of New Zealand at the request of either you or Grinding Gear Games. Unless agreed otherwise by Grinding Gear Games, all such mediation and arbitration proceedings shall take place at a venue in New Zealand to be chosen by Grinding Gear Games acting entirely at its own discretion. All costs in relation to the staging of such proceedings (excluding for the avoidance of doubt any awards which may be made) shall be borne equally by the parties unless explicitly stipulated otherwise by the arbitrator as applicable or agreed otherwise by the parties.

  40. Failure to Comply: Grinding Gear Games accepts no liability for any failure to comply with these Terms of Use where such failure is due to circumstances beyond its reasonable control.

  41. Waiver: If Grinding Gear Games waives any rights available to it under these Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

  42. Severability: If any provision of these Terms of Use is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms of Use, but only to the minimum extent necessary to avoid such issue and the remainder of any such provision as well as all other provisions of these Terms of Use shall continue in full force.

  43. Entire Agreement: These Terms of Use constitute the entire agreement between you and Grinding Gear Games in respect of their subject matter and supersede any previous understandings, representations or agreements on that subject matter.

  44. Queries: If you have any queries in regard to these Terms of Use please don’t hesitate to contact us via email at contact@grindinggear.com.