16 DISPUTE RESOLUTION AND BINDING ARBITRATION
16.1 Disputes. If you have concerns or issues with us, we hope we can resolve them quickly and amicably through the Cyberpunk 2077 support service accessible at https://support.cdprojektred.com/en/. However, we recognise that occasionally there might be legal disputes which are not so easily resolved. In this section we explain what happens if there is a legal dispute.
16.2 Informal Dispute Resolution.
We and you both agree to make reasonable and good faith efforts to resolve any dispute between us informally. Normally we would suggest that this dispute resolution period lasts thirty (30) days unless exceptional circumstances exist. If it is not resolved during this time, the next steps depend on where you live. If you are resident in the European Union, you may be entitled to submit a complaint through the Online Dispute Resolution Platform operated by the European Commission, details of which can be found at ec.europa.eu/consumers/odr/.
16.3 Dispute Resolution Next Steps (if you live in the European Union or elsewhere in the world, but not the United States of America).
You and we have the legal right to commence legal claims against each other if we consider it necessary. If you bring a claim against CD PROJEKT RED, you should send a physical copy to “Legal Team, CD PROJEKT S.A., ul. Jagiellońska 74, 03-301, Warsaw, Poland” as well as a digital copy to legal@cdprojektred.com.
16.4 Dispute Resolution Next Steps (if you live in the United States of America).
Arbitration:
We and you agree to resolve all disputes and claims between us in individual binding arbitration. This includes without limitation any claims arising from this Agreement, any part of the relationship between you and CD PROJEKT RED. We and you agree that any claim arising out of or related to Cyberpunk 2077 must be made within one (1) year after the claim arose; otherwise, such claim is permanently barred. This section applies whether the dispute or claim is based in contract, tort, statute, fraud, unfair competition, misrepresentation or any other legal doctrine.
Some explanatory notes from us: "arbitration" is a consensual dispute resolution process where both sides present their case to a neutral arbitrator (not a judge or jury). Arbitration is less formal than court litigation and it has less formal rules (which we talk about below). Just so we and you are clear: by choosing arbitration you and we are giving up the right to have any dispute between us heard in court (before a judge and/or jury). You agree that the provisions in this paragraph will survive any termination of your access to Cyberpunk 2077 and/or this Agreement.
How to start an arbitration:
If either of us wants to commence arbitration, then the initiating party must send the other side a written notice setting out the basis of the claim and what remedy the initiating party is seeking from the other side. A printed version of this Agreement and of any notice given in electronic form shall be admissible to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If you send a notice to us, please send by mail (to Legal Team, CD PROJEKT S.A., ul. Jagiellońska 74, 03-301, Warsaw, Poland) and by email (to legal@cdprojektred.com). You or we may bring an arbitration at any reasonable AAA location within the United States that is convenient for you.
16.5 The rules for the arbitration:
The US Federal Arbitration Act applies to this section. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes, as modified by this Agreement (http://www.adr.org). The arbitrator will be bound by this Agreement.
The arbitration shall be conducted by a single arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of AAA arbitrators. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by an arbitrator rather than a court. The AAA will administer the arbitration and it will be conducted in the English language. It may be conducted through the submission of documents, by phone, or in person at a mutually agreed location. The arbitration hearing must commence within thirty (30) days from the appointment of the arbitrator, unless otherwise agreed to by you and us. The AAA will only have power to arbitrate the dispute between you and us and not in relation to other people under this particular arbitration. Judgment upon an award rendered by the arbitrator may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.
If you seek US $10,000 or less, CD PROJEKT RED agrees to reimburse your filing fee and your share of the arbitration costs (but not including any attorney’s fees or expert witness fees), including your share of arbitrator compensation, at the end of the arbitration, unless the arbitrator decides your claims are without merit or your costs are unreasonable. We agree not to seek our legal fees or costs in the arbitration unless the arbitrator determines your claims are without merit or your costs are unreasonable. If you seek more than US $10,000 then the arbitration costs, including arbitrator compensation, will be split between you and us according to the AAA Commercial Arbitration Rules and the AAA’s Supplementary Procedures for Consumer Related Disputes, if applicable.
What the dispute resolution and arbitration sections do not apply to:
The dispute resolution and arbitration requirements do not apply to claims or disputes brought by either you or us which relate to claims of intellectual property rights infringement or claims of unauthorised use, piracy, theft or misappropriation.
This section does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you.
16.6 Class Actions Waiver.
To the maximum extent permitted by the national or state law applicable, you and we agree not under any circumstances to bring or participate in a class or representative action, private attorney general action or collective arbitration. That means, to the fullest extent permitted by law: (a) no arbitration shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
If the agreement in this section not to bring or participate in a class or representative action, private attorney general action or collective arbitration is found illegal or unenforceable, you and we agree that it will not be severable: this entire section will be deemed unenforceable and any claim or dispute will therefore be resolved in court.
17 OTHER LEGAL STUFF
Here is some other ‘legal stuff’ that our lawyers suggested that we include!
17.1 Severability. If any part of this Agreement is found not to be legally enforceable, this will not affect any other part of it.
17.2 No Third Parties. This Agreement governs our relationship with you (and vice versa). It does not create any rights for anyone else unless explicitly stated otherwise in this Agreement.
17.3 Other Laws. Please remember that we are subject to various laws and we may be required to comply with law enforcement or other legal requirements, including import/export controls. You and we agree that the UN Convention on Contracts for the International Sale of Goods does not apply to Cyberpunk 2077 or this Agreement.
17.4 Transfer. We can assign, subcontract or transfer this Agreement to a third party or another member of our group if necessary for the support of Cyberpunk 2077, as part of any reorganisation or merger or for other business reasons. We will notify you if this happens.
17.5 Delay. No failure or delay by us or you to exercise any right or remedy provided under this Agreement or by law will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that or any other right or remedy, unless explicitly stated otherwise in this Agreement. No single or partial exercise of such right or remedy by us or you will preclude or restrict the further exercise of that or any other right or remedy.
17.6 Entire Agreement. This Agreement, together with the other documents referred to within it, constitutes the entire agreement between you and us regarding this Agreement and supersede any earlier oral or written agreements.
18 CHANGES TO THIS AGREEMENT
18.1 Changes. We may change this Agreement if we think it is necessary (e.g. for legal reasons or to reflect changes in Cyberpunk 2077). If so, we will make the changed Agreement available online and make reasonable efforts to tell you about it (e.g. by sending you a notice in the game).
18.2 Binding Date. Once we change the Agreement, it will become legally binding on you thirty (30) days after we post it online. During that period, you are welcome to contact us at legal@cdprojektred.com if you have specific questions about the changes. If you do not agree to those changes (regardless of whether you email us), then unfortunately we need to ask you to cease using Cyberpunk 2077. We are sorry we have to say that, but we hope you will appreciate that for Cyberpunk 2077 to work properly we need to have everyone using it under the same rules instead of different people having different rules. That is why we encourage you to get in contact if you have queries or concerns.
QUICK SUMMARY
1 ABOUT THIS AGREEMENT
Alright, so this load of corpo talk on the left is actually pretty simple. It’s kinda like a safety manual for a new piece of cyberware (like anyone reads those, right?). So I’m here to make it real easy to understand. But ‘member, that long version over on the left, that stuff is legally binding. My version; well, I’m just here to help.
The whole Agreement only counts for Cyberpunk 2077. For rules covering other games from the same company, ya gotta check out the specific legal-speak written for them.
And hey, if ya like reading so much, they’re askin’ ya to check out the Fan Content Guidelines, the CD PROJEKT RED User Agreement, and CD PROJEKT RED Privacy Policy. So go ahead, knock yourself out.
2 AGE RESTRICTIONS AND CONTENT WARNING
This is cute. So, the game’s got this ‘minimum age rating’ okay? So if ya wanna get into Night City — I’m tryna keep a straight face here — you gotta be above that rating. Usually, it’s 18+, but if, say, ya live somewhere that says 17+, and you’re only 17, then you gotta ask a parent for supervision. Seriously. Ya can’t make this up!
Oh yeah, and there’s a warning here that Cyberpunk 2077 has some ‘pretty gruesome and disturbing stuff going on’. Now we’re talkin.
3 USING CYBERPUNK 2077
You bought this game so you’ve got the right to play it on whatever system/device/platform ya bought it for — and only on that system/device/platform. Simple.
‘Nother warning here, an’ it’s an important one, too! If you or someone you live with suffers from an epileptic condition, talk to your doctor before jackin’ into Cyberpunk 2077.
4 MINIMUM REQUIREMENTS AND MONITORING
First rule of the streets: walk before you can run. Cyberpunk 2077 has minimum requirements depending on the system/device/platform you’re playing it on. So keep that in mind before you put your eddies down, alright?
Okay, so they’re sayin’ that they might need to implement some background tools/software to monitor the game and make sure Cyberpunk 2077 is always kept in preem condition. When these are optional, they only run when you agree to it. You give the go ahead. When they’re mandatory, well, they’ll be upfront about it and let ya know in advance. They ain’t gonna just start ‘spying’ on ya or somethin’ like that.
5 PATCHES, UPDATES AND CHANGES
Even the slickest cyberware needs some attention every now and then. There’ll be patches and updates for Cyberpunk 2077, and these’ll help make it run better. You want that, right?
6 OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
Just a reminder that Cyberpunk 2077 is owned/licensed by CD PROJEKT RED. Sure, you get to run wild on the streets of Night City, but if ya wanna start usin’ elements from the game outside of that — ya gotta listen to the rules laid out by the corpo in this an’ other documents, alright?
7 RULES FOR USING CYBERPUNK 2077
Just like jackin’ into a preem braindance recording, Cyberpunk 2077 is for your own personal pleasure. Don’t be a gonk and ruin the fun by messing up the rules in the corpo text opposite.
8 FAN CONTENT
Wanna make cool stuff inspired by Cyberpunk 2077? Don’t go in blind. Read up on the Fan Content Guidelines so you know the score.
9 FEEDBACK AND CRASH REPORTS
Hey, a corp that listens. Ain’t that somethin’? They wanna hear your feedback about Cyberpunk 2077, but it ain’t a guarantee that what you say will be acted on. Don’t feel too bad, though, sometimes it just ain’t meant to be.
If anything happens to go south with Cyberpunk 2077 (like a Voodoo Boys netrunner crashing the system, or something crazy like that) feel free to ping an optional crash report over. It’ll be put to good use.
10 THIRD PARTY CONTENT AND EXTERNAL SERVICES
The Net is a pretty massive place. Even master netrunners get caught out by some of the stuff you find out there. So keep this in your head: clicking a link that takes you outside of the world of the dark future — well, even the power of the corpo can’t look after you. So stay safe, cyberpunk.
11 WARRANTIES
Second rule of the streets: A deal’s a deal.
This part says that they make a ‘binding agreement’ about Cyberpunk 2077 with ya. They won’t leave ya hanging, and they’ll take ‘reasonable care’ regarding your use of the game. How sweet — ‘scuse me while I dry my eyes over here.
