Terms of Service

These Terms of Service (these “Terms”) are a legal agreement between you and Unreal Royalty, LLC d/b/a Pirate Royalty, LLC (“Pirate Royalty,” “we,” “us,” or “our”), a New Mexico limited liability company based in Rio Rancho, New Mexico, United States. These Terms govern your access to and use of the video game Pirate Royalty (the “Game”), including all related software, updates, patches, content, servers, Virtual Items (defined below), the websites we operate (including pirateroyalty.com), and all related services (collectively, the “Service”).

By installing, accessing, or playing the Game, linking a platform account, making a purchase, or otherwise using any part of the Service, you accept and agree to be bound by these Terms and by our Privacy Policy, available at https://www.pirateroyalty.com/privacy. If you do not agree to these Terms, do not install or play the Game and do not use the Service.

1. Who We Are; Acceptance of These Terms

The Service is operated by Unreal Royalty, LLC d/b/a Pirate Royalty, LLC, a limited liability company organized under the laws of the State of New Mexico, with its principal place of business in Rio Rancho, New Mexico, United States. You can contact us at media@pirateroyalty.com.

These Terms form a binding contract between you and Pirate Royalty when you first accept them or first use the Service, whichever occurs earlier. Any additional rules, policies, or guidelines that we post in the Game or on our website (such as community or chat rules) are incorporated into these Terms by reference. Your use of the Steam and Epic Games platforms is governed by separate agreements with those companies, as described in Section 16.

2. Eligibility; Age Requirements

You must be at least thirteen (13) years old to play the Game or use the Service. Children under 13 may not access or use the Service under any circumstances, even with the consent of a parent or guardian.

If you are between 13 and 17 years old (or are otherwise considered a minor where you live), you may use the Service only if your parent or legal guardian has reviewed and agreed to these Terms on your behalf. The parent or guardian is responsible for the minor’s compliance with these Terms and for all activity under the minor’s linked accounts, including all purchases. If the law of your jurisdiction requires a higher minimum age to play the Game, to consent to these Terms, or to consent to the processing of your data, that higher minimum age applies to you, and we may raise the minimum age for the Service generally or for particular regions where required.

By using the Service, you represent that you meet these requirements, that you are a natural person, and that you have not previously been banned from the Service. The Service is void where prohibited by law.

3. Your Account; Steam and Epic Games Sign-In

The Game does not have its own launcher or account system. To play, you must own a valid account with Steam (operated by Valve Corporation) or the Epic Games Store (operated by Epic Games, Inc.) (each, a “Platform”) and launch the Game through that Platform.

We use the Platforms’ own secure sign-in technology (OpenID Connect) to identify you. We never receive or store your Platform password. We receive only your Platform account identifier and public username or display name; we do not receive your email address from the Platforms. Your Platform account, including its security, recovery, and any age controls, is governed by your agreement with the applicable Platform.

You are responsible for maintaining the security of your Platform account and for all activity that occurs in the Game through your Platform account. If you believe your account has been compromised, notify the applicable Platform and us promptly.

Your license to play the Game is personal to you and does not transfer with a Platform account. What you may do with a Platform account itself (including any sale, sharing, or transfer of that account) is governed by your agreement with the applicable Platform, not by these Terms. However, because your license is personal, you may not buy, sell, rent, share, gift, or transfer access to the Game, your characters, or your Game progress — including by transferring or sharing a Platform account for that purpose — and you may not play through a Platform account that is not your own (for example, to evade an enforcement action or to provide boosting services). We may suspend or revoke access to the Game from any account that we reasonably believe has been bought, sold, shared, transferred, or compromised, or for other security reasons.

4. License to Play

Subject to your continued compliance with these Terms, Pirate Royalty grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and play the Game and use the Service for your personal, non-commercial entertainment purposes only (content creation such as streaming and videos, including monetized streaming and videos, is expressly permitted as described in Section 13). This license is a license to access the Service while we make it available; the Game, its content, and Virtual Items are licensed to you, not sold.

All rights not expressly granted to you in these Terms are reserved by Pirate Royalty and its licensors. There are no implied licenses under these Terms.

5. Prohibited Conduct

Your license is conditioned on fair play. You agree that you will not, and will not attempt to, do any of the following, in whole or in part:

• Cheating and automation: create, use, offer, promote, advertise, distribute, or assist with cheats, hacks, bots, macros, scripts, or any unauthorized third-party software that intercepts, emulates, redirects, or modifies communication between the Game and our servers, automates gameplay, or otherwise modifies the Game experience.
• Exploits and duplicated items: exploit any bug, glitch, or design flaw to gain an advantage, or create, use, or trade any in-game item or currency created or duplicated through such exploitation. If you discover a bug or exploit, please report it to us instead of using or sharing it.
• Unfair advantage: use any method not intended by the Game’s design to gain an advantage over other players.
• Reverse engineering and derivative works: copy, reproduce, translate, adapt, modify, decompile, disassemble, reverse engineer, or derive source code from the Game, or create derivative works based on the Game or the Service, except to the limited extent applicable law expressly permits despite this restriction.
• Data mining: use any unauthorized process or software to intercept, collect, read, scrape, or “mine” information generated or stored by the Game or our servers, or harvest information about other players.
• Unauthorized servers and connections: host, emulate, mirror, or provide matchmaking for the Game or our servers, or facilitate, create, or maintain any unauthorized connection to the Service.
• Real-money trading (RMT): sell, buy, rent, trade, or advertise access to the Game, accounts, Virtual Items, in-game currency, or in-game services (such as boosting, leveling, or farming) for real money or anything of value outside the Game, except through features we expressly provide.
• Commercial exploitation: exploit the Game or the Service for any commercial purpose not expressly authorized by us in writing (Section 13 describes permitted content creation such as streaming).
• Disruption: engage in any conduct intended to disrupt, overburden, or diminish the Service or the Game experience of other players, including denial-of-service attacks or interference with any computer used to support the Service. Any such attack may also violate criminal and civil laws.
• Ban evasion: circumvent or attempt to circumvent any suspension, ban, mute, or other enforcement action, including by using a different Platform account.
• Impersonation: impersonate Pirate Royalty, its administrators, moderators, employees, or any other person.
• Unlawful use: use the Service to violate any applicable law or regulation.

Violations of this Section 5 may result in any enforcement action described in Section 7, up to and including an immediate permanent ban.

6. Code of Conduct; Chat and Player Interaction

The Game is a multiplayer online experience and includes social features such as world (global) chat, direct (private) messages, friends lists, and parties. Chat supports text and emojis only; players cannot send images or videos.

Treat other players with respect. When using the Service, you may not engage in or post content involving: harassment or bullying; hate speech or discrimination; threats, intimidation, or stalking; sexual or sexually explicit content or advances; obscene, vulgar, or otherwise inappropriate content (the Game is intended for a broad audience); disclosure of another person’s personal or private information (“doxxing”); spam or unsolicited advertising; phishing, scams, or fraud; encouragement of self-harm; offensive, misleading, or infringing character, guild, or other names; or any unlawful content or activity.

Moderation. We will use commercially reasonable efforts to provide moderation in global and other public chat channels. However, we do not, and cannot, actively monitor private or direct messages, and we have no obligation to monitor any chat or player communication. We may, but are not obligated to, review reported conduct and content and take action in our discretion.

Blocking and reporting. The Game provides tools to block other players, and we encourage you to use them. You may also report misconduct to media@pirateroyalty.com. We are not responsible for any failure or delay in removing content or acting on a report.

You interact with other players at your own risk. To the fullest extent permitted by law, Pirate Royalty is not responsible or liable for the conduct, chat messages, or other content of any player or third party, whether occurring in public channels, private messages, or elsewhere. Bullying and other harmful behavior can occur in any online game despite our efforts; if you experience it, please use the blocking tools and report it.

7. Moderation, Suspension, and Bans

We may take any enforcement action we consider appropriate, in our sole discretion, to protect the Service and its players. Enforcement actions may include warnings; muting or restricting chat; renaming characters or guilds; removing content; removing items, currency, or progress obtained improperly; temporary suspension; or permanent ban of your access to the Game.

Enforcement actions may be taken with or without prior notice. You agree that players who abuse the Game, cheat, exploit, or attempt to gain an unfair advantage may be banned at the discretion of our administrators, and that we are not required to disclose the evidence, detection methods, or reasoning supporting an enforcement action (doing so would undermine the integrity of our anti-cheat and moderation systems).

If your access is suspended or terminated for violating these Terms, you will not receive, and you agree you are not entitled to, any refund, credit, or compensation, including for unused Virtual Items or in-game currency, except to the extent required by applicable law or the applicable refund policy. You may submit an appeal to media@pirateroyalty.com; we may, but are not obligated to, consider appeals. We may report unlawful activity to law enforcement.

8. Free-to-Play; Virtual Items

The Game is free to download and play. We offer optional in-game purchases, such as virtual currency, cosmetic items, and other in-game goods, features, or services (collectively, “Virtual Items”).

Virtual Items are licensed, not sold. Virtual Items are a limited license right under Section 4. You do not own Virtual Items, and they are not your property. Virtual Items have no real-world or monetary value; they cannot be redeemed for cash or anything of value outside the Game and may not be transferred or traded outside of features we expressly provide in the Game.

Changes to Virtual Items. We may add, modify, rebalance, substitute, deprecate, or remove Virtual Items (including ones you have acquired) at any time for gameplay-balance, legal, technical, or business reasons. Our design goal is not to sell items that give players a substantial competitive advantage over others, but the Game and its balance will evolve over time, and we make no promise or warranty about the relative power, utility, rarity, or value of any Virtual Item.

Virtual Items are forfeited upon termination of these Terms, termination or suspension of your access, or discontinuation of the Game, as described in Sections 7, 10, and 18. Prices for Virtual Items may change at any time, and applicable taxes may be added at checkout.

9. Purchases, Payments, and Refunds (Xsolla)

In-game purchases are processed by Xsolla (USA), Inc. and its affiliates (“Xsolla”) as the authorized reseller and merchant of record, including when the purchase flow is presented inside the Game through the Steam or Epic Games overlay. When you make an in-game purchase, your sales contract is with Xsolla, and the purchase is governed by the Xsolla End User License Agreement and the Xsolla Refund Policy presented at checkout (available at https://xsolla.com/refund-policy).

Refunds. For any refund request relating to an in-game purchase, please refer to the Xsolla Refund Policy and contact Xsolla support at https://help.xsolla.com. If you made a purchase directly through a Platform storefront (for example, a purchase made on a Steam or Epic Games store page rather than through in-game checkout), that Platform’s terms and refund policy govern that purchase. Except as provided in the applicable refund policy or as required by applicable law, all purchases are final and non-refundable, including unused virtual currency.

Pricing errors. If a Virtual Item is listed at an incorrect price due to an error, we or Xsolla may cancel or correct the transaction. Initiating fraudulent or abusive chargebacks or payment disputes may result in suspension of your access and removal of the associated Virtual Items pending resolution.

10. Game Availability; Updates; Loss of Progress

The Game is an online-only service and requires a continuous internet connection, which you are responsible for obtaining at your own cost. Our servers are initially located in the United States and Europe and may change over time. The Game uses dynamic server instances; you may be routed between instances or servers as needed, and capacity limits or queues may apply.

Updates. We may release updates, patches, and hotfixes, which may be required to continue playing and which may materially change Game content, features, balance, classes, items, or progression at any time.

Availability. We do not guarantee that the Service will be available at any particular time, uninterrupted, or error-free. The Service may be unavailable due to maintenance, updates, outages, third-party failures, or other reasons.

LOSS OF PROGRESS AND ITEMS. TECHNICAL PROBLEMS — INCLUDING SERVER FAILURES, DATA CORRUPTION, ROLLBACKS, BUGS, AND OUTAGES — MAY CAUSE PARTIAL OR TOTAL LOSS OF YOUR GAME PROGRESS, CHARACTERS, INVENTORY, IN-GAME CURRENCY, OR VIRTUAL ITEMS, INCLUDING ITEMS PURCHASED THROUGH THE IN-GAME STORE. WE MAKE BACKUPS AND WILL USE COMMERCIALLY REASONABLE EFFORTS TO MINIMIZE ANY LOSS AND RESTORE AFFECTED DATA, BUT WE CANNOT GUARANTEE RESTORATION. BY USING THE SERVICE, YOU ACKNOWLEDGE AND ACCEPT THIS RISK. OUR LIABILITY FOR ANY SUCH LOSS IS LIMITED AS DESCRIBED IN SECTION 20 AND BY THE APPLICABLE REFUND POLICY.

Modification and discontinuation. We may modify, suspend, or discontinue the Game or any part of the Service at any time. If we permanently discontinue the Game, we will endeavor to provide reasonable advance notice where practicable. Except where required by applicable law, we are not obligated to provide refunds, credits, or compensation for Virtual Items or progress upon modification, suspension, or discontinuation.

11. System Requirements and Your Equipment

The Game is built in Unreal Engine and requires hardware and software that meet the minimum specifications published on the Game’s Steam and Epic Games store pages, which we will use reasonable efforts to keep current. You are responsible for ensuring that your computer, operating system, drivers, and internet connection meet those specifications. Performance is not guaranteed on any particular configuration, and minimum specifications may change as the Game is updated.

12. Health, Safety, and Responsible Play

When the Game starts, it displays a health and safety warning screen that cannot be skipped. Please read it.

Photosensitive seizure warning. A very small percentage of people may experience a seizure when exposed to certain visual images, including flashing lights or patterns that may appear in video games, even with no prior history of seizures or epilepsy. If you or anyone in your household has an epileptic condition, consult a physician before playing. Immediately stop playing and consult a physician if you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, involuntary movement, or convulsions.

Content. The Game contains fantasy combat, visual and sound effects, and frightening creatures. It does not contain profanity, nudity, or depictions of blood, and characters are “defeated” rather than killed. Player discretion is still advised.

Responsible play. MMORPGs are designed to be played over long periods, and it can be tempting to spend significant time in the Game. You are solely responsible for managing your playtime, your physical and mental health, and your real-life obligations. Take regular breaks, play in a well-lit room, and stop playing if you feel discomfort or fatigue. To the fullest extent permitted by applicable law, Pirate Royalty is not liable for any consequences of excessive or prolonged play.

13. Ownership; Intellectual Property

The Service and all of its content — including software and code, visual components, artwork, 3D models, gear, animations, characters and their names and likenesses, locations, lore, storylines, quests, narrative, dialogue, music, sound effects, visual effects, user interface, icons, titles, and the “Pirate Royalty” name and logos — are owned by Pirate Royalty or licensed to it (including content licensed from third-party creators, vendors, and marketplaces), and are protected by United States and international copyright, trademark, and other intellectual-property laws.

Steam and the Steam logo are trademarks of Valve Corporation. Epic Games and the Epic Games Store are trademarks of Epic Games, Inc. Unreal Engine is a trademark or registered trademark of Epic Games, Inc. All other trademarks are the property of their respective owners.

Nothing in these Terms transfers any ownership interest to you. Your only rights in the Service are the limited license described in Section 4.

Content creation. We welcome community content. You may create and share videos, screenshots, and live streams of Game footage, including through the standard advertising, subscription, and partner programs offered by video and streaming platforms, provided that you do not claim ownership of our intellectual property, do not sell access to Game content itself, and do not use Game content in a misleading, defamatory, or unlawful manner. We may publish more detailed content-creation guidelines, and we reserve the right to revoke this permission for violations of these Terms.

14. User Content and Feedback

“User Content” means content you create or submit through the Service, such as chat messages, character names, and guild names. You retain any rights you have in your User Content. You grant Pirate Royalty a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, display, transmit, moderate, modify (for technical or moderation purposes), and remove your User Content as needed to operate, provide, secure, improve, and enforce the rules of the Service, and to comply with law. This license survives termination to the extent needed for those purposes (for example, in moderation logs and backups).

You represent that you have all rights necessary to submit your User Content and that it complies with Section 6. We may remove, refuse, or modify any User Content at any time in our discretion, and we have no obligation to store or back up User Content.

Feedback. If you send us ideas, suggestions, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose without restriction, compensation, or attribution. We may already be working on similar ideas.

15. Copyright Complaints (DMCA)

We respect intellectual-property rights and respond to notices submitted under the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe content available through the Service infringes your copyright, send a notice to media@pirateroyalty.com that includes: (a) identification of the copyrighted work; (b) identification and location of the allegedly infringing material; (c) your name, address, telephone number, and email address; (d) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; (e) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf; and (f) your physical or electronic signature. Counter-notifications may be sent to the same address. We may remove allegedly infringing content and may terminate the access of repeat infringers.

16. Third-Party Platforms and Services

The Game is distributed through, and must be launched from, Steam or the Epic Games Store. Your use of each Platform — including your Platform account, the Platform client, store purchases made on the Platform, and Platform-level refunds — is governed by your agreement with that Platform (including the Steam Subscriber Agreement with Valve Corporation and the applicable Epic Games agreements with Epic Games, Inc.). In-game payments are provided by Xsolla as described in Section 9.

We do not control and are not responsible for third-party platforms or services, and their outages or changes may affect your ability to access the Game. These Terms do not modify your agreements with any Platform, and those agreements do not modify these Terms.

17. Privacy

Our Privacy Policy, available at https://www.pirateroyalty.com/privacy, describes how we collect, use, and protect information in connection with the Service and is incorporated into these Terms. In summary: we use Platform sign-in so we never receive or store your password; we receive only your Platform account identifier and public username (not your email address); and we collect only the limited data needed to operate the Game. We are not in the business of selling player data, and we do not sell your personal information. If there is a conflict between this summary and the Privacy Policy, the Privacy Policy controls as to privacy matters.

18. Term and Termination

These Terms apply from the date you first accept them or use the Service until terminated. You may stop using the Service and uninstall the Game at any time.

We may suspend or terminate these Terms or your access to all or part of the Service at any time, with or without notice, for any reason or no reason, including your violation of these Terms, suspected cheating or abuse, legal or security concerns, or discontinuation of the Game.

Upon termination: your license under Section 4 ends; you must stop using the Service; and any rights to Virtual Items, in-game currency, and Game progress are forfeited without refund or compensation, except to the extent required by applicable law or the applicable refund policy. Sections 8 (last two paragraphs), 13, 14, 15, and 18 through 27, and any other provisions that by their nature should survive, survive termination. The dispute-resolution provisions of Section 22 survive termination and apply to all disputes that arose or could have been asserted before termination.

19. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE GAME, AND ALL VIRTUAL ITEMS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. PIRATE ROYALTY AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS; THAT DATA (INCLUDING GAME PROGRESS AND VIRTUAL ITEMS) WILL NOT BE LOST; OR THAT THE GAME, ITS CONTENT, OR ITS BALANCE WILL MEET YOUR EXPECTATIONS OR REMAIN UNCHANGED.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. These Terms do not limit any non-waivable rights you may have under the laws of your place of residence, including any non-waivable rights under the New Mexico Unfair Practices Act.

20. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL PIRATE ROYALTY, ITS MEMBERS, MANAGERS, OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA (INCLUDING LOSS OF GAME PROGRESS, CHARACTERS, IN-GAME CURRENCY, OR VIRTUAL ITEMS), OR FOR THE COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE TOTAL AGGREGATE LIABILITY OF PIRATE ROYALTY AND THE PERSONS LISTED ABOVE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (i) THE TOTAL AMOUNTS YOU PAID FOR IN-GAME PURCHASES IN THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS (US $100).

These limitations are a fundamental basis of the bargain between you and us, reflect the fact that the Game is offered free of charge, and apply even if a limited remedy fails of its essential purpose. They do not exclude or limit liability that cannot be excluded or limited under applicable law, including, where applicable, liability for gross negligence or intentional misconduct, or for death or personal injury caused by negligence, and they do not limit any non-waivable consumer rights under New Mexico law.

21. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Pirate Royalty and its members, managers, owners, employees, contractors, agents, and licensors from and against any third-party claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your User Content; (b) your breach of these Terms; (c) your misuse of the Service; or (d) your violation of any law or of any rights of another person. We may assume the exclusive defense and control of any matter subject to indemnification by you (at our expense), in which case you agree to cooperate with our defense. This Section does not require you to indemnify us for amounts attributable to our own fault to the extent applicable law prohibits such an allocation.

22. Dispute Resolution: Informal Resolution, Binding Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES BETWEEN YOU AND PIRATE ROYALTY TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, AND IT WAIVES THE RIGHT TO PROCEED AS PART OF A CLASS ACTION. THESE OBLIGATIONS APPLY EQUALLY AND MUTUALLY TO YOU AND TO PIRATE ROYALTY. YOU MAY OPT OUT AS DESCRIBED IN SECTION 22.7.

“Dispute” means any claim or controversy between you and Pirate Royalty arising out of or relating to the Service, the Game, Virtual Items, these Terms, the Privacy Policy, or any aspect of our relationship, under any legal theory, except as expressly excluded in Section 22.3.

22.1 Informal Resolution First (60 Days)

Before starting an arbitration or lawsuit, the party raising a Dispute must first send the other party a written, individualized notice (“Notice of Dispute”) and attempt in good faith to resolve the Dispute informally for at least sixty (60) days from receipt. Your Notice of Dispute must be sent to media@pirateroyalty.com with the subject line “Notice of Dispute” and must include your name, your Steam or Epic Games username, an email address where we can reach you, a description of the Dispute and its facts, and the resolution you are seeking. If we have a Dispute with you, we will send our Notice of Dispute through the Game or your Platform, or to an email address if you have provided one to us (we do not receive your email address from Steam or Epic Games). Any applicable statute of limitations is tolled during this informal-resolution period.

22.2 Binding Individual Arbitration

If a Dispute is not resolved informally, you and we agree that it will be resolved exclusively through final and binding arbitration before a single neutral arbitrator, administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (available at www.adr.org), rather than in court before a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, or enforceability of this arbitration agreement, except that a court will decide any dispute about the enforceability of the class action waiver in Section 22.5. Judgment on the award may be entered in any court with jurisdiction.

22.3 Exceptions That Apply to Both Parties

Either you or we may: (a) bring an individual action in small claims court — in the county where you live or in Sandoval County, New Mexico — for Disputes within that court’s jurisdiction, so long as the action seeks only individualized relief; and (b) bring an action in court under Section 23 seeking injunctive or other equitable relief for the actual or threatened infringement, misappropriation, or violation of that party’s intellectual-property rights. These exceptions are intentionally mutual: each option available to Pirate Royalty under this Section 22 is equally available to you.

22.4 Arbitration Procedure and Costs

To start an arbitration, follow the AAA’s filing instructions and send a copy of your demand to media@pirateroyalty.com. Payment of AAA filing, administrative, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules, including its consumer fee schedule. Unless you and we agree otherwise or the arbitrator orders otherwise, any hearing will be conducted by videoconference or telephone; if an in-person hearing is required, it will take place in the county where you reside or another mutually agreed location. Each party bears its own attorneys’ fees and costs unless applicable law or the AAA rules provide otherwise. The arbitrator may award the same individualized relief that a court could award to the individual party.

Batch arbitration for mass filings. If twenty-five (25) or more arbitration demands of a substantially similar nature are filed against Pirate Royalty within ninety (90) days by or with the assistance of the same or coordinated counsel or organizations, you and we agree that the AAA will administer the demands in batches of up to fifty (50) demands per batch, with a single arbitrator appointed for each batch and a single set of filing, administrative, and arbitrator fees assessed per batch. The arbitrator for each batch will resolve the demands in that batch in a single, consolidated set of proceedings. You and we agree to cooperate in good faith with the AAA to implement this batch process and its fee structure. This paragraph governs only how arbitrations are administered; it does not authorize class or collective arbitration and does not change Section 22.5 (Class Action Waiver). If the AAA cannot or will not administer arbitrations in accordance with this paragraph, the parties will cooperate in good faith to select another arbitration provider that can. If a court or arbitrator finds this paragraph unenforceable as to a particular demand, that demand will proceed individually under this Section 22.

22.5 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITIES ONLY. NEITHER YOU NOR WE MAY PARTICIPATE IN A CLASS ACTION, CLASS-WIDE ARBITRATION, REPRESENTATIVE OR COLLECTIVE PROCEEDING, OR PRIVATE ATTORNEY-GENERAL ACTION, AND PROCEEDINGS MAY NOT BE CONSOLIDATED WITH ANOTHER PERSON’S WITHOUT ALL PARTIES’ CONSENT. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF. If a court finds this class action waiver unenforceable as to a particular Dispute, then the entirety of this Section 22 (other than this sentence and the jury-trial waiver in Section 22.6) is null and void as to that Dispute, which will instead proceed in the courts identified in Section 23.

22.6 Jury Trial Waiver

For any Dispute that proceeds in court rather than arbitration, you and we each waive the right to a jury trial to the fullest extent permitted by law.

22.7 Your Right to Opt Out (30 Days)

You may opt out of this arbitration agreement and class action waiver by emailing media@pirateroyalty.com with the subject line “Arbitration Opt-Out” within thirty (30) days after you first accept these Terms. Your opt-out notice must include your name, your Steam or Epic Games username(s), your email address, and a clear statement that you are opting out of arbitration, and it must be personally signed by you (a typed signature is acceptable); an agent, attorney, or other representative may not submit an opt-out notice on your behalf. Opting out does not affect any other provision of these Terms; if you opt out, Disputes will be resolved in the courts identified in Section 23.

22.8 Severability and Survival

Except as stated in Section 22.5, if any part of this Section 22 is found unenforceable, that part will be severed and the remainder will remain in effect. This Section 22 survives termination of these Terms.

23. Governing Law and Venue

These Terms and any Dispute are governed by the laws of the State of New Mexico and applicable United States federal law, without regard to conflict-of-laws rules, except that the Federal Arbitration Act governs Section 22. If you live outside the United States, this choice of law does not deprive you of any mandatory consumer protections of the country or state where you reside that apply by law.

Subject to Section 22, the exclusive venue for any Dispute that may be brought in court is the state courts located in Sandoval County, New Mexico, or the United States District Court for the District of New Mexico, and you and we each consent to personal jurisdiction in those courts and waive any objection to that venue, except that either party may instead use small claims court as described in Section 22.3.

24. Changes to These Terms

We may revise these Terms from time to time, for example to reflect changes in the law, the Game, our business, or our payment and platform partners. The revised Terms will be posted at our website and/or in the Game with an updated effective date. For material changes, we will provide reasonable advance notice where practicable (such as an in-game notice, a website notice, or a notice through your Platform). Your continued use of the Service after the revised Terms take effect constitutes your acceptance of them. If you do not agree to a revision, you must stop using the Service.

25. Language

These Terms, the Privacy Policy, and all of our other legal documents are provided in English only, and the English version is the only authoritative version. Although the Game itself may be localized into other languages (for example, Russian, Portuguese (Brazil), or Chinese), we have no obligation to translate these Terms or any other legal document. If a translation of any legal document is ever made available (whether by us, a platform, or anyone else), it is provided for convenience only, has no legal effect, and the English version controls to the fullest extent permitted by applicable law.

26. General Provisions

Entire agreement. These Terms, together with the Privacy Policy and any rules, policies, or guidelines we post and incorporate by reference, are the entire agreement between you and Pirate Royalty regarding the Service and supersede all prior agreements on that subject. They do not modify your separate agreements with any Platform or with Xsolla.

Severability. Except as stated in Section 22.5, if any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force.

No waiver. Our failure to enforce any provision is not a waiver of our right to do so later. Any waiver must be in writing.

Assignment. You may not assign or transfer these Terms or any rights under them. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or to an affiliate or successor.

Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, war, terrorism, riots, labor disputes, governmental action, internet or utility failures, or failures of third-party hosting, platforms, or payment providers.

Export and sanctions compliance. You represent that you are not located in a country or region subject to a U.S. government embargo and are not on any U.S. government list of prohibited or restricted parties, and you agree to comply with applicable export-control and sanctions laws in connection with the Service.

No third-party beneficiaries. These Terms do not create any rights in favor of any person other than you and Pirate Royalty, except that our licensors, members, managers, owners, employees, contractors, and agents are intended beneficiaries of Sections 19 through 21.

Notices. We may provide notices to you in the Game, on our website, through your Platform, or by email if you have provided one. Legal notices to Pirate Royalty must be sent to media@pirateroyalty.com (with a paper copy to our registered agent in New Mexico for formal service of process, where required by law).

Interpretation. Section headings are for convenience only. “Including” means “including without limitation.”

27. Contact Us

If you have questions about these Terms or the Service, contact us at: