Intellectual Property and Takedown Policy

At Xsolla, we respect the intellectual property rights of others and expect you (“user” or “you”) to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), and other applicable laws, we have adopted this Intellectual Property and Takedown Policy (“Policy”) to explain how authorized parties can submit notices of intellectual property infringement, and how we address such notices.

1. OVERVIEW

This Policy applies to all companies of the Xsolla Group (“Xsolla”). Intellectual property belongs to its owner, and unauthorized use may lead to legal consequences.

1. OVERVIEW

1.1 This Policy covers all websites, apps, products, and other services provided by the companies of Xsolla Group (“Xsolla”, “we”).

1.2 The intellectual property hereof means any creation of the mind that the law protects from unauthorised use by others. This includes:

Copyright – protects original creative work the moment it is created, without any registration required. In games, this covers the game’s source code, artwork, character designs, storylines and dialogue, music and sound effects, cinematics, and any other audiovisual elements. It also protects content created by content creators, such as original videos, streams, fan art, and written guides, as long as they are sufficiently original.

Trademark – protects names, logos, slogans, and other signs that identify a product or business and distinguish it from others. In games, this covers game titles, studio names, character names used as brand identifiers, and distinctive logos. Trademarks must generally be registered to receive full protection and can last indefinitely as long as they remain in active use.

Patent – protects inventions and technical solutions. In games, patents can cover unique gameplay mechanics, hardware inventions (such as a new type of controller), software architecture, or specific technical methods used in game engines.

Trade Secret – protects confidential business information that gives a competitive advantage, such as unreleased game concepts, proprietary engine technology, or internal development tools, as long as reasonable steps are taken to keep it secret.

Industrial Design Rights – protect the visual appearance of a product. In games, this can cover the distinctive look of a physical gaming device, console, or peripheral.

Intellectual property rights give the owner exclusive control over the use of their intellectual property and the ability to profit from it, including through licensing it to others, selling merchandise, or taking legal action against anyone who uses it without permission.

1.3 Intellectual property infringement occurs when someone uses, copies, or distributes intellectual property without permission from the owner. This can include, for instance, using someone else’s copyrighted work or trademark or creating a product that infringes on a patent. Infringement can result in legal actions being taken against the infringing party, including financial penalties.

1.4 Not all uses of another party’s intellectual property constitute infringement. Under copyright law, certain uses may qualify as fair use (in the United States) or fair dealing (in the United Kingdom and other jurisdictions), or may otherwise be permitted by statute, licence, or other legal doctrine. Examples that may qualify as permitted use in the context of games and digital content include commentary, criticism, parody, news reporting, and educational use, provided such use meets the applicable legal standard. The existence of this Policy and the ability to submit a takedown notice does not mean that all reported content is actually infringing. Submitting a takedown notice in respect of content that you know or reasonably should know is a permitted use may expose you to liability under 17 U.S.C. § 512(f) and other applicable laws. If you are unsure whether a particular use constitutes infringement, we encourage you to seek legal advice before submitting a notice.

2. REPORTING INFRINGEMENTS

If you believe your intellectual property rights are being infringed, you may report it by contacting us at legal@xsolla.com and providing the required information.

2. REPORTING INFRINGEMENTS

2.1 Copyright notices must meet all requirements set out in Section 3 of this Policy. Likewise, for trademark and other intellectual property notices, you must provide us with clear information about the location of the allegedly infringing work for identification purposes, complete information about your trademark or other intellectual property, and your contact information.

2.2 If you believe that your intellectual property rights have been infringed, please contact our designated agent at legal@xsolla.com.

2.3 Upon receipt of a notice that we determine to be complete and valid, we will endeavour to process it and take appropriate action as expeditiously as reasonably practicable, and in any event within ten (10) business days. We reserve the right to seek clarification or additional information where a notice is incomplete, which may affect processing time. Notices that do not meet the requirements of this Policy will not be processed and we will not be obligated to notify the submitting party of the deficiency, though we may do so at our discretion.

3. COPYRIGHT TAKEDOWN NOTICE

To request removal of infringing content, you must submit a copyright takedown notice containing the required information about the copyrighted work, the allegedly infringing material, and your contact details.

3. COPYRIGHT TAKEDOWN NOTICE

3.1 Your copyright takedown notice should have the following information:

a. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b. identification of the copyrighted work or multiple copyrighted works claimed to have been infringed;

c. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

d. information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;

e. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

3.2 Please note that any misrepresentations of copyright infringement may be subject to liability under the DMCA and other applicable laws. Upon receipt of a valid copyright notice, we will remove or disable access to the infringing material and take reasonable steps to notify the user who posted the infringing material (“Infringing User”) of the takedown.

4. COPYRIGHT COUNTER NOTICE

If an allegedly infringing user believes that the content was removed or disabled due to a mistake or misidentification, they may submit a counter-notice, and the content may be restored.

4. COPYRIGHT COUNTER NOTICE

4.1 If the Infringing User believes that the material was removed or disabled as a result of a mistake or misidentification, they may send a counter-notice within 10 (ten) business days of the takedown notice.

4.2 If we receive a valid counter-notice, we may send a copy of the counter-notice to the complaining party informing that the removed or disabled content may be restored after 10 (ten) business days from the date we forward the counter-notice, unless we first receive notice from the complaining party that they have filed a legal action seeking a court order to restrain the allegedly infringing activity.

4.2.1 A “valid counter-notice” is your formal response if you believe your content was removed or disabled by mistake, for example, because you own the rights to it, have a licence to use it, or your use of it is otherwise lawful. A counter-notice is considered valid if it includes all of the following:

a. your full name, address, and contact details;

b. a clear identification of the content that was removed or disabled and its location before removal;

c. a statement that you have a good-faith belief that the content was removed or disabled as a result of a mistake or misidentification;

d. a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or, if your address is outside the United States, to the jurisdiction of any Federal District Court in which Xsolla may be found, and that you will accept service of process from the party who submitted the original takedown notice or an agent of that party; and

e. your physical or electronic signature.

4.3 For your reference, there are legal and financial consequences for fraudulent or bad faith counter-notices. Before submitting a counter-notice, make sure you have a good faith belief that we removed the content as a result of a mistake or misidentification, and that you understand the repercussions of submitting a false claim.

4.4 If a copyright owner wishes to keep the content disabled after receiving a counter notice, they will need to initiate a legal action seeking a court order against the Infringing User. If the copyright owner does not provide this notice within 10 business days by sending a copy of a valid legal complaint filed in a court, we may, at our discretion, restore the removed or disabled content.

5. TRADEMARK INFRINGEMENT

We prohibit materials that infringe trademarks and may block or remove such materials upon receiving a complaint from the trademark owner.

5. TRADEMARK INFRINGEMENT

5.1 Users are prohibited from using someone else’s game title, studio name, character name, logo, or anything that looks confusingly similar to them, in a way that suggests an official connection that does not exist. For example, you cannot:

a. name your content, channel, or product after a game or studio brand as if you were officially affiliated with or endorsed by them;

b. use a game studio’s logo or a game’s title treatment in your thumbnails, merchandise, or promotional materials without authorisation;

c. create a fake or lookalike storefront, website, or social media account that impersonates a game, studio, or publisher.

5.2 If your content or materials are found to violate someone’s trademark rights, they can be blocked or removed without prior notice, repeated violations may result in further action against your account.

5.3 When in doubt, make it obvious to your audience that your content is independent and not officially affiliated with or approved by the brand in question.

5.4 If you are a trademark owner that believes your trademark is being infringed, please contact our designated agent at legal@xsolla.com. When you contact Xsolla, please provide the information required by our takedown notice form.

6. REPEAT INFRINGERS

We may limit access to our services or terminate accounts of users who repeatedly infringe intellectual property rights. We may also take such action for single violations at our discretion.

6. REPEAT INFRINGERS

Xsolla may terminate access to our websites and services for users who are found to be repeat infringers. We may also, in our sole discretion, limit access to such websites and services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

7. MINORS (USERS UNDER 18)

This Section applies where the rights owner, the uploader of disputed content, or the user whose content has been removed or disabled is under 18 years of age (“Minor”). If you are a Minor, you cannot submit or respond to notices on your own behalf - all procedures described in this Section must be carried out by your parent or legal guardian (“Guardian”).

7. MINORS (USERS UNDER 18)

7.1 If a Minor owns the rights to content that has been used without their permission, their Guardian must submit the takedown notice on their behalf. To be considered valid, the notice must include all standard required elements described in our Policy, plus:

a. confirmation that the Guardian is acting on behalf of the Minor rights owner;

b. the Minor’s full name and date of birth confirming they are under 18;

c. the Guardian’s full name, address, contact details, and their relationship to the Minor (parent or appointed legal guardian); and

d. the Guardian’s physical or electronic signature, a Minor’s signature alone will not be accepted.

We will address all correspondence relating to the notice exclusively with the Guardian, not with the Minor directly.

7.2 If a Minor’s content has been removed or disabled and they believe this was a mistake, their Guardian must submit the valid counter-notice on their behalf. The same requirements apply as set out above, the counter-notice must be signed by the Guardian and must confirm their authority to act on the Minor’s behalf. By submitting a counter-notice, the Guardian acknowledges that they accept, on the Minor’s behalf, the jurisdiction of the courts in the applicable territory and the possibility of legal proceedings initiated by the complaining party.

7.3 Parents and Guardians are responsible for:

a. supervising and reviewing any content uploaded or shared by the Minor through the platform;

b. ensuring the Minor’s content does not infringe the intellectual property rights of others before it is published;

c. making informed decisions about whether to submit or respond to any intellectual property infringement notice, bearing in mind that counter-notices may lead to legal proceedings;

d. explaining to the Minor what intellectual property rights mean and what the consequences of infringement can be, Section 1 of this Policy may be a helpful starting point for this conversation.

We strongly encourage Guardians to review our full Policy together with the Minor so that they understand what is and is not permitted on the platform.

7.4 If a Minor’s account is subject to repeated intellectual property infringement complaints, we may require that all further communication regarding that account be conducted exclusively through the Guardian. We reserve the right to restrict, suspend, or terminate an account where intellectual property violations continue and no Guardian has engaged with our notices.

8. LIMITATION OF LIABILITY

Subject to all applicable laws, Xsolla is not liable for any damages arising from notices or counter-notices submitted under this Policy.

8. LIMITATION OF LIABILITY

8.1 To the fullest extent permitted by applicable law, Xsolla, its affiliates, licensors, officers, directors, employees, and agents (collectively, “Xsolla Parties”) shall not be liable to any party, including rights owners, users whose content has been removed or disabled, publishers, content creators, guardians acting on behalf of minors, or any other third party, for any claim, loss, or damage of any kind arising out of or in connection with the submission, processing, evaluation, or outcome of any takedown notice or counter-notice under this Policy.

This includes, without limitation, any liability arising from:

a. the removal, disabling, blocking, or restoration of any content, regardless of whether such action was ultimately found to be correct, warranted, or justified;

b. any delay in receiving, processing, or acting upon a notice or counter-notice;

c. any loss of access to content, accounts, virtual items, in-game currency, revenue streams, business opportunities, or data resulting from a takedown or restoration of content;

d. any damages arising from a notice submitted by a rights owner, a user, a publisher, or a guardian that is found to be inaccurate, incomplete, or made in bad faith; or

e. any indirect, incidental, special, punitive, exemplary, or consequential damages of any kind, howsoever arising, even if Xsolla has been advised of the possibility of such damages.

8.2 Without prejudice to the above exclusions, and to the extent that any residual liability of Xsolla is not fully excluded under this section or applicable law, the total aggregate liability of the Xsolla Parties for all claims arising under this Policy, whether in contract, tort, statute, or otherwise, shall not exceed the lesser of: (a) one hundred and fifty US dollars (US $150); or (b) the total amount, if any, paid by the claimant to Xsolla in the twelve (12) months immediately preceding the event giving rise to the claim. Where no such payment has been made, Xsolla’s total aggregate liability shall be nil.

8.3 Where a notice or counter-notice is submitted by a parent or legal guardian on behalf of a Minor in accordance with the Minors section of this Policy, the limitations and exclusions set out in this section apply equally to all claims arising from or in connection with that notice, regardless of whether the claim is brought by or on behalf of the Minor, the Guardian, or any third party.

8.4 Xsolla accepts no liability for any claim brought by a third party arising from another party’s submission of a takedown notice or counter-notice, including any claim that a notice was submitted in bad faith, contained inaccurate or misleading information, or caused harm to the counterparty. Responsibility for the accuracy, completeness, and good faith of any notice or counter-notice rests solely and entirely with the party who submitted it.

8.5 You acknowledge that the limitations and exclusions set out in this Section are a fundamental and material part of the basis on which Xsolla makes this Policy and its platform and services available. Xsolla would not be in a position to offer these services without such limitations in place.

8.6 The limitations set out in this Section are in addition to, and do not limit or override, the limitation of liability provisions contained in Xsolla’s End User License Agreement (Section 14) and Publisher Account Terms of Use (Section 11). In the event of any conflict between this Section and those documents in respect of a particular claim, the provision affording Xsolla the greater degree of protection shall prevail.

8.7 Some jurisdictions do not permit the exclusion or limitation of liability for certain types of loss or damage. To the extent that any applicable mandatory law prevents any part of this Section from taking effect in full, the remaining provisions shall continue to apply to the maximum extent permitted by law. Nothing in this Section is intended to limit any rights you may have under mandatory consumer protection legislation in your country of residence that cannot be excluded or waived by agreement.

9. GOVERNING LAW AND DISPUTE RESOLUTION

Disputes are governed by California law and resolved through individual binding arbitration in Los Angeles, not court litigation and not as part of any class action. If your local mandatory law applies, it takes precedence only to the extent required, but the individual-only requirement remains in force wherever permitted.

9. GOVERNING LAW AND DISPUTE RESOLUTION

9.1 Governing Law. This Policy and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of the State of California, USA, excluding its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods is hereby expressly disclaimed.

9.2 Informal Resolution. Before initiating any formal dispute, you agree to first contact Xsolla at legal@xsolla.com and provide a written description of your claim and the relief you are seeking. The parties will attempt to resolve the dispute informally for a period of thirty (30) days from the date the notice is received. If the dispute is not resolved within that period, either party may proceed to arbitration as described below.

9.3 Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to this Policy, or the breach, termination, enforcement, interpretation, or validity thereof, that cannot be resolved informally under Section 9.2, shall be resolved by final and binding arbitration in Los Angeles, California, before a single arbitrator in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both available at www.adr.org. The arbitrator shall apply California law. The arbitrator’s decision shall be final and binding on both parties, and judgment upon the award may be entered in any court of competent jurisdiction. The costs of arbitration shall be shared equally by the parties, provided that the arbitrator is authorised to include in any award an amount equal to reasonable attorneys’ fees and other costs incurred by the prevailing party, where appropriate and consistent with the AAA Consumer Rules. The arbitration may be conducted in person, by document submission, by phone, or online. The arbitrator shall issue a written decision and shall provide a statement of reasons if requested by either party.

9.4 Class Action Waiver. You and Xsolla agree that each party may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class action, collective action, or representative proceeding. This waiver applies regardless of whether a dispute is resolved through arbitration, litigation, or any other forum. The arbitrator or court may not consolidate claims, preside over any form of class or representative proceeding, or award relief to a group of persons. If this Section 9.4 is found to be unenforceable, the entirety of the agreement to arbitrate in Section 9.3 shall be null and void, but this Section 9.4 shall, to the maximum extent permitted by applicable law, continue to apply to any proceedings conducted outside of arbitration.

9.5 Limitation Period. Any claim or cause of action arising out of or relating to this Policy must be brought within one (1) year of the date on which the cause of action accrued. Any claim not brought within this period is permanently barred.

9.6 Mandatory Consumer Rights. Nothing in this Section limits any rights you may have under the mandatory consumer protection legislation of your country of residence that cannot be excluded or waived by agreement. Where such mandatory law applies, it shall take precedence over the arbitration obligation in Section 9.3 to the extent of any conflict. However, the class action waiver in Section 9.4 is intended to apply as a separate and independent obligation to the fullest extent permitted by applicable law, including in any jurisdiction where mandatory law permits individual proceedings but does not require the availability of collective or representative actions as a matter of public policy. Where mandatory law of your country of residence expressly and specifically requires that collective or representative actions remain available and prohibits their contractual waiver, Section 9.4 shall not apply to that extent only, and all remaining provisions of this Section shall continue in full force.

9.7 Scope. This Section governs disputes between you and Xsolla (USA), Inc. only. It does not govern any proceedings that a rights holder may bring against you following a counter-notice submitted under Section 4 of this Policy, which are addressed in Section 4.2.1.

10. CONTACT INFORMATION OF OUR DESIGNATED AGENT

You may contact our designated agent to submit infringement notices or ask questions about this Policy.

10. CONTACT INFORMATION OF OUR DESIGNATED AGENT

Email: legal@xsolla.com

Legal Department
Xsolla (USA), Inc.
15260 Ventura Boulevard, Suite 2230, Sherman Oaks, California, 91403 USA

Telephone: +1-877-987-9233

If you have any questions or concerns about this Policy or our handling of copyright and trademark infringement claims, please contact our designated agent with the object “Intellectual Property Infringement”.

AN EXAMPLE OF A TAKEDOWN NOTICE FORM

Take a look at the example of the information required to submit a takedown notice.

AN EXAMPLE OF A TAKEDOWN NOTICE FORM

☐ Individual

☐ Entity (authorized representative)

By submitting this notice, I “full name as your electronic signature”, confirm that:

- I have a good faith belief that the content reported above is not authorized by the rights owner, an agent of the owner, or the law.

- The notice is accurate, and

- Under penalty of perjury, I am authorized to act on behalf of the owner of an intellectual property rights that are allegedly infringed.