CALL OF DUTY: MOBILE WEB STORE TERMS OF USE

Last Updated: November 14, 2023

1. Scope and Acceptance of the Terms of Use

These terms of use (the “Terms of Use”) are entered into by and between Coda Payments Pte. Ltd., a company established under the laws of Singapore, having its registered address at 22 Cross Street, #02-01, Singapore 048421, and/or its affiliates and subsidiaries (collectively referred to as "Coda Payments" or “we”), and you and govern your access to and use of the Call of Duty: Mobile Web Store (the “Web Store”). Please read these Terms of Use carefully.

BY ACCESSING OR USING THE WEB STORE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEB STORE. 

By using this Web Store, you represent and warrant that you are of the legal age of majority in the place of your residence. The Web Store is not directed to minors.

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Web Store thereafter. Your continued use of the Web Store following the posting of the revised Terms of Use means that you accept and agree to the changes. You are expected to check this page periodically, so you are aware of any changes, as they are binding on you.

3. Intellectual Property Rights

The Web Store and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement) are owned by Coda Payments or its licensors (including, but not limited to Activision Publishing, Inc. (“Activision”)) and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. 

You must not copy, reproduce, distribute, modify, adapt, decompile, disassemble, reverse engineer, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material available on the Web Store, except that your computer and browser may temporarily store, or cache copies of materials being accessed and viewed.

No right, title, or interest in or to the Web Store or any content on the Web Store or acquired through the Web Store is transferred to you. All rights not expressly granted by these Terms of Use are reserved by Coda Payments and its licensors.

4. Trademarks

Coda Payments name, Coda Payments logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Coda Payments or its affiliates or licensors. You must not use such marks without the prior written permission of Coda Payments.

Activision name, Activision logo, CALL OF DUTY, the stylized letter M and all related names, logos, product and service names, designs, and slogans are trademarks of Activision or its affiliates or licensors. You must not use such marks without the prior written permission of Activision.

5. Prohibited Uses

These Terms of Use permit you to use the Web Store for your personal, non-commercial use only.  You agree not to use the Web Store:

(i) In any way that violates any applicable federal, state, local, or international law, guideline, policy or regulation (including, without limitation, any laws regarding the export of data or software, anti-money laundering, or counterterrorism).

(ii) To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

(iii) For any unauthorized commercial purpose or the benefit of any third party.

(iv) To impersonate or attempt to impersonate any other person or entity.

(v)To engage in any fraudulent activity.

(vi) To engage in any other conduct that restricts or inhibits anyone’s use of the Web Store, or which, as determined by us, may harm Coda Payments, or expose us to liability.

Additionally, you agree not to:

(vii) Disguise your physical location, place of residence, or any identifiers, with the purpose of avoiding any geographical restriction or country-specific terms that may apply to you otherwise.

(viii) Use the Web Store in any manner that could disable, overburden, damage, or impair the Web Store or interfere with any other party’s use of the Web Store.

(ix) Use any robot, spider, or other automatic device, process, or means to access the Web Store for any purpose, including monitoring or copying any material on the Web Store.

(x) Use any manual process to monitor or copy any material on the Web Store or for any other purpose not expressly authorized in these Terms of Use.

(xi) Use any device, software, or routine that interferes with the proper working of the Web Store.

(xii) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

(xiii) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Web Store, the server on which the Web Store is stored, or any server, computer, or database connected to the Web Store.

(xiv) Attack the Web Store via a denial-of-service attack or a distributed denial-of-service attack.

(xv) Conduct any form of capacity, load, or any form of stress testing on any sandbox or live environment of the Web Store.

(xvi) Access and use the Web Store for the purpose of creating a competitive product of similar nature.

(xvii) Otherwise attempt to interfere with the proper working of the Web Store. ‌ ‌

We reserve the right to suspend or terminate your access to or disable your use of the Web Store without prior notice to you, if we suspect that your access to or use of the Web Store violates these Terms of Use.

6.   Confidentiality and Personal Data 

‍We may access, collect, disclose, and/or process your personal data in the course of providing you with the access to the Web Store or products or services offered on the Web Store. You acknowledge, accept, and understand that such access, collection, disclosure, and/or processing shall be in accordance with Coda Payments’ Privacy Policy

While accessing and using the Web Store you agree not to:

(i) Harvest or collect any information about or regarding other users or persons, including without limitation any personal data or information;

(ii) Use the Web Store to collect or store personal data about other users or persons; and

(iii) Transmit, publish, share, disclose, or post another individual’s confidential or personal information.

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7.   Third-Party Websites 

This Web Store may provide links to third-party sites. We make no representations about any other websites that may be accessed from this Web Store. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

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8.   Online Purchases and Terms and Conditions

Coda Payments is the authorized reseller of the digital content (“Digital Product”) available on this Web Store. 

All orders or purchases made through the Web Store are subject to Coda Payments’ terms and conditions of sale (“Terms and Conditions”), found at Terms and Conditions incorporated herein by reference. Additional terms may apply to promotional campaigns or specific features of the Web Store. 

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9. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEB STORE OR ANY SERVICES OR DIGITAL PRODUCTS OBTAINED THROUGH THE WEB STORE.

YOUR USE OF THE WEB STORE, ITS CONTENT, AND ANY SERVICES OR DIGITAL PRODUCTS OBTAINED THROUGH THE WEB STORE IS AT YOUR OWN RISK. THE WEB STORE, ITS CONTENT, AND ANY SERVICES OR DIGITAL PRODUCTS OBTAINED THROUGH THE WEB STORE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CODA PAYMENTS NOR ANY PERSON ASSOCIATED WITH CODA PAYMENTS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEB STORE. WITHOUT LIMITING THE FOREGOING, NEITHER CODA PAYMENTS NOR ANYONE ASSOCIATED WITH CODA PAYMENTS REPRESENTS OR WARRANTS THAT THE WEB STORE, ITS CONTENT, OR ANY SERVICES OR DIGITAL PRODUCTS OBTAINED THROUGH THE WEB STORE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEB STORE OR ANY SERVICES OR DIGITAL PRODUCTS OBTAINED THROUGH THE WEB STORE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CODA PAYMENTS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CODA PAYMENTS AND ITS RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, LICENSORS (INCLUDING ACTIVISION AND ITS AFFILIATES), SERVICE PROVIDERS AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, YOUR USE OR INABILITY TO USE THE WEB STORE (INCLUDING THE INABILITY TO MAKE A PURCHASE), OR ANY DIGITAL PRODUCTS PURCHASED OR TRANSACTIONS ENTERED INTO VIA THE WEB STORE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CODA PAYMENTS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF CODA PAYMENTS AND ITS RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, LICENSORS (INCLUDING ACTIVISION AND ITS AFFILIATES), SERVICE PROVIDERS AND REPRESENTATIVES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE TRANSACTIONS CONTEMPLATED HEREIN, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF PAYMENT THAT YOU HAVE MADE VIA THE WEB STORE FOR THE TRANSACTION GIVING RISE TO THE CLAIM FOR LIABILITY.

NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF THESE TERMS OF USE MUST BE BROUGHT OR FILED BEFORE THE RELEVANT TRIBUNAL IN THE JURISDICTION WHERE YOU ARE LOCATED WITHIN ONE (1) YEAR AFTER SUCH CLAIM COULD BE FIRST FILED. ANY CLAIMS BROUGHT AFTER SUCH A PERIOD SHALL BE FOREVER BARRED.

11. Indemnification

You agree to defend, indemnify, and hold harmless Coda Payments, its affiliates, licensors (including, but not limited to Activision), and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use, access to and use of the Web Store and Digital Products, and/or any dispute or issue between you and any third party.

12. General 

12.1 Governing Law and Jurisdiction

Unless otherwise stated in the Terms and Conditions:

These Terms of Use shall be governed by and construed according to the laws of Singapore without regard to its conflicts-of-law provisions.

We shall endeavour to amicably resolve any disputes that arise out of or in connection with these Terms of Use (including any question regarding its existence, validity or termination), but in the event that such efforts shall fail, such dispute shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the SIAC (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference into this section on Governing Law and Jurisdiction. The seat of arbitration shall be Singapore, and the tribunal shall consist of one (1) arbitrator. All arbitration proceedings shall be in the English language. The decision of the arbitrator shall be final and binding.

12.2 Waiver and Severability

No waiver by Coda Payments of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Coda Payments to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. ‌

12.3  Notices

‍We may make any notices that we may be required by law to make in electronic format (such as but not limited to when you visit the Web Store, via forms or emails, when we post notices or updates to these Terms of Use, or when Coda Payments communicates with you via your email or mobile phone number). You consent to receive communications from us in electronic form and agree that all terms and conditions, notices, rules, disclosures, policies, and other communications from Coda Payments provided electronically to you shall be deemed to satisfy any legal requirement relating to communications in writing and shall be deemed to be given on the date of the electronic communication.

12.4  No endorsement

‍References to goods, services, and/or businesses on the Web Store do not constitute or imply an endorsement, approval or recommendation by Coda Payments. The inclusion of any third-party link does not in any way imply or express affiliation, endorsement, or sponsorship by Coda Payments of any linked site and/or any of its content therein.

12.5  Security

‍We take all reasonable steps to preserve the security of the information that you provide to us. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst Coda Payments strives to protect all data transmissions over the Internet (including your information) and has adopted substantial measures to mitigate security risks, Coda Payments does not warrant and cannot ensure the absolute security of any information which you transmit to us. As such, any information which you transmit to Coda Payments is transmitted at your own risk.

12.6 Relationship

‍Nothing in these Terms is intended to or creates any type of joint venture, employee-employer, creditor-debtor, escrow, partnership, or any fiduciary relationship between you and Coda Payments.

12.7 Assignment

‍You may not assign any of your rights or obligations under these Terms of Use, or any part of it, to any other party without our prior written approval. Any attempt by you to do so without our prior written approval shall be deemed null and void. We are, however, entitled to assign these Terms of Use and/or any of our obligations, in whole or in part, at any time, to any Coda Payments affiliate or subsidiary or any third party, with or without notice to you.

12.8 Localized terms

‍These Terms of Use were prepared in English. To the extent that any translated localized version of the Terms of Use conflict with the English version, the terms of the English version prevail. 

12.9 Entire agreement

‍These Terms of Use (together with Terms and Conditions and Privacy Policy incorporated herein by reference) constitute the entire agreement between you and Coda Payments, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings relating to the subject matter of these Terms of Use. No modification or amendment of these Terms of Use will be binding on Coda Payments unless agreed to by Coda Payments, set forth in writing, and published in the same manner as previously binding versions.

13. Your Feedback

This Web Store is operated by Coda Payments Pte. Ltd., having its registered address at 22 Cross Street, #02-01, Singapore 048421.

All feedback, comments, and other communications relating to the Web Store shall be directed to: support.codm.mn@codapayments.com.

If you choose to provide your feedback you hereby grant Coda Payments an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the feedback in any manner and for any purpose, including to improve the Web Store and create other products and services.

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