ACCEPTANCE OF THE TERMS OF SERVICE
THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) APPLY TO YOUR USE OF THE WEBSITES OF LEGENDS OF EPICA. AND ITS AFFILIATES (“EPICA”, “WE” “US” OR “OUR”), INCLUDING ANY CONTENT, FUNCTIONALITY, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH SUCH WEBSITES (COLLECTIVELY, THE “WEBSITE”), WHETHER AS A GUEST OR A REGISTERED USER. THESE TERMS ALSO APPLY TO YOUR USE OF OTHER LEGENDS OF EPICA SERVICES THAT DISPLAY OR INCLUDE THESE TERMS (“ADDITIONAL SERVICES”). IN THESE TERMS, THE WEBSITE AND ADDITIONAL SERVICES ARE COLLECTIVELY REFERRED TO AS THE “SERVICES.”
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE SERVICES. BY USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF SERVICE, YOU MUST NOT USE THE SERVICES. IN PARTICULAR, WE WANT TO HIGHLIGHT SOME IMPORTANT TERMS, POLICIES, AND PROCEDURES IN THESE TERMS. BY ACCEPTING THESE TERMS:
- You are also agreeing to other Epic rules and policies that are expressly incorporated into and a part of these Terms. Please read them carefully:
- Our Fan Content Policy explains what you can do with LEGENDS of EPICA’s Intellectual Property in the content you create.
- Our Terms of Service explain the rules for our websites.
- You and LEGENDS OF EPICA agree to resolve disputes between us in individual arbitration (not in court). We believe the alternative dispute-resolution process of arbitration will resolve any dispute fairly and more quickly and efficiently than formal court litigation. We explain the process in detail below, but we’ve put this up front (and in caps) because it’s important:
TO ENTER INTO THE CONTRACT CREATED BY THESE TERMS, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS USING OR ACCESSING OUR SOFTWARE, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO ACCESS TO YOUR ACCOUNT. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY, UNDERSTAND AND ACCEPT THESE TERMS (INCLUDING ITS DISPUTE RESOLUTION TERMS). IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THESE TERMS.
In addition to these Terms, software or services that are included in or otherwise made available to you through the Services may be subject to separate agreement between you and Epic, such as end user license agreements. If these Terms are inconsistent with any such agreements, those agreements will control.
Please review our Privacy Notice found at http://legendsofepica.com/legends-of-epica-privacy-policy, which also governs your use of the Services, to understand our practices.
Changes to the Terms of Service
We may update these Terms from time to time; you should check this page regularly to take notice of any changes. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.
Accessing the Services and Account Security
We may withdraw or amend the Services, and any related service or content, or restrict access (including by means of cancellation, termination, or modification, or suspension of a user account) to all or certain users (including you) without notice and without liability to you in our reasonable discretion. Additionally, due to your geographic location, the Services or some of their features, services, or content may be unavailable to you. Notwithstanding anything to the contrary herein, we may terminate or suspend access to the Services based on your breach of these Terms.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential (other than user name), and you must not disclose it to others. You must immediately notify LEGENDS of EPICA (via firstname.lastname@example.org) of any unauthorized use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may only access the Services through your own account. Users do not own their accounts, and gifting or otherwise transferring of accounts or access keys is prohibited.
We reserve the right to change your display name if we deem it offensive, misleading, potentially infringing the rights of third parties or if you have been inactive for more than a year.
Photosensitivity: Certain people may react to certain visual images or patterns, including flashing lights (regardless of whether they have a diagnosed condition or history). Reactions may be reduced by playing in a well-lit room, avoiding playing while drowsy, viewing the game from some distance or on a smaller screen, and limiting duration of use.
Intellectual Property Rights
The Services, including all content, features, and functionality thereof, are owned by LEGENDS of EPICA, its licensors, or other providers of such material and are protected by German and international copyright, trademark, patent, and other intellectual property or proprietary rights laws.
You are permitted to use the Services for your personal, non-commercial use only or legitimate business purposes related to your role as a current or prospective customer of LEGENDS of EPICA. Except as provided below, you must not copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material obtained through the Services, or delete, or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services. However, if you are otherwise in compliance with these Terms, you are permitted to use, elsewhere and on other websites, an unaltered copy of portions of the content that is publicly available on the Website for the limited, non-commercial purpose of discussing such content.
You must not reproduce, sell, or exploit for any commercial purposes any part of the Services, access to the Services or use of the Services or any services or materials available through the Services. LEGENDS of EPICA’s Fan Content Policy governs non-commercial use of such content.
For clarity, the foregoing permissions are limited to the Services, and no rights are granted with respect to any servers, computers, or databases associated with the Services.
Billing, Payment and Epic Account Balance
ALL CHARGES INCURRED IN CONNECTION WITH THE SERVICES AND ALL FUNDS PLACED IN THE LEGENDS of EPICA ACCOUNT BALANCE ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, REGARDLESS OF THE PAYMENT METHOD, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OR AS REQUIRED BY APPLICABLE LAW. Through the Services, LEGENDS of EPICA may make available a prepaid balance service (“LEGENDS of EPICA Account Balance”). Your LEGENDS of EPICA Account Balance may only be used to obtain certain products and services offered by LEGENDS of EPICA. To access the LEGENDS of EPICA Account Balance you may be asked to provide registration details, including without limitation a Payment Method (defined below) and related billing address. LEGENDS of EPICA may offer you the ability to use the following payment methods to place prepaid funds into your LEGENDS of EPICA Account Balance: credit card, prepaid payment card, promotional code, or any other payment method as specified by LEGENDS of EPICA (“Payment Method”). Any promotional code provided to you by LEGENDS of EPICA for use as a Payment Method may be subject to additional terms and conditions associated with the promotion, offer, or coupon. When you provide a Payment Method to LEGENDS of EPICA for use in connection with the LEGENDS of EPICA Account Balance, you represent to LEGENDS of EPICA that you are the authorized user of the Payment Method, and you authorize LEGENDS of EPICA to charge your Payment Method for any LEGENDS of EPICA Account Balance funds or other fees incurred by you. If your use of the LEGENDS of EPICA Account Balance is subject to any sales or other taxes, then LEGENDS of EPICA may also charge you for those taxes. You are responsible for all uses of your LEGENDS of EPICA Account Balance, including all applicable taxes and all purchases made by you or anyone else using your LEGENDS of EPICA Account Balance.
Within any twenty-four (24) hour period, the total amount stored in your LEGENDS of EPICA Account Balance plus the total amount spent out of your LEGENDS of EPICA Account Balance, in the aggregate, may not exceed US$2,000 or its equivalent in your local currency. LEGENDS of EPICA reserves the right to change, modify, or otherwise impose usage limits to your LEGENDS of EPICA Account Balance at any time, in its sole discretion.
LEGENDS of EPICA Account Balance funds do not constitute a personal property right and have no value outside the Services. If you are refunded for an item purchased using LEGENDS of EPICA Account Balance funds, LEGENDS of EPICA will return the funds to your LEGENDS of EPICA Account Balance. LEGENDS of EPICA Account Balance funds are non-transferable to another person and do not accrue interest.
LEGENDS of EPICA reserves the right to suspend or terminate your LEGENDS of EPICA Account Balance if after investigation LEGENDS of EPICA determines in its sole discretion that you misused the LEGENDS of EPICA Account Balance, conducted unauthorized LEGENDS of EPICA Account Balance transactions from another user’s LEGENDS of EPICA Account Balance, or used the LEGENDS of EPICA Account Balance to conduct any fraudulent or other illegal activity. In the event that your LEGENDS of EPICA Account Balance is terminated or suspended in accordance with these Terms for reasons other than fraudulent or other illegal activity, LEGENDS of EPICA will return your remaining LEGENDS of EPICA Account Balance less any charges, fees, or other amounts owed to LEGENDS of EPICA. Otherwise, LEGENDS of EPICA Account Balances are not refundable and are not redeemable for money or monetary value from LEGENDS of EPICA or any other person or entity. LEGENDS of EPICA Account Balances that are deemed unclaimed property may be surrendered to the applicable authority, as required by applicable law.
You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to access or use the Services for any purpose that is illegal or beyond the scope of the Services’ intended use (in LEGENDS of EPICA’s sole judgment).
The Services contain various forums, networks, and other interactive features that allow you to post, submit, publish, display, or transmit to LEGENDS of EPICA and other users (“Post”) content or materials (“User Contributions”) on or through the Services.
All User Contributions must comply with the following content standards: User Contributions must not be illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and must not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
You represent and warrant that you own or otherwise control all of the rights to the User Contributions that you Post at the time of Posting; that the User Contributions are accurate and not fraudulent or deceptive; and that the User Contributions do not violate these Terms or the rights (intellectual property rights or otherwise) of any third party, and will not cause injury to any person or entity. You understand that your User Contributions may be copied by other Services users and discussed on and outside of the Services, and if you do not have the right to submit User Contributions for such use, it may subject you to liability. LEGENDS of EPICA takes no responsibility and assumes no liability for any content Posted by you or any third party.
LEGENDS of EPICA has the right but not the obligation to monitor and edit or remove any User Contributions. LEGENDS of EPICA also has the right to terminate your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms. LEGENDS of EPICA may exercise these rights at any time, without notice or liability to you or any third party.
You may link to publicly available portions of the Services if you do so in a way that is fair and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. The Services must not be framed on any other website or service. We reserve the right to withdraw linking permission without notice.
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Disclaimers and Limitation of Liability
Nothing in these Terms will prejudice the statutory rights that you may have as a consumer of the Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.
The Services and all information, content, materials, products (including software), and other services included on or otherwise made available to you through the Services are provided by LEGENDS of EPICA on an “as is” and “as available” basis. LEGENDS of EPICA makes no representations or warranties of any kind, express or implied, as to the operation of the Services, or the information, content, materials, products (including software), or other services included on or otherwise made available to you through the Services. You expressly agree that your use of the Services is at your sole risk. To the full extent permissible by law, LEGENDS of EPICA disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. LEGENDS of EPICA does not warrant that the Services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Services, LEGENDS of EPICA’s servers, or electronic communications sent from LEGENDS of EPICA are free of viruses or other harmful components.
To the full extent permissible by law, LEGENDS of EPICA will not be liable for any loss of profits or any indirect, incidental, punitive, special or consequential damages arising out of or in connection with this these Terms. Further, to the full extent permissible by law, LEGENDS of EPICA’s aggregate liability arising out of or in connection with these Terms will not exceed the total amounts you have paid (if any) to LEGENDS of EPICA under this Agreement during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
This section only applies to the extent permitted by applicable law. If you are prohibited by law from entering into the indemnification obligation below, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation below.
You agree to defend, indemnify, and hold harmless LEGENDS of EPICA, its affiliates, and licensors, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) resulting from your User Contributions or violation of these Terms.
Governing Law and Jurisdiction
Any dispute or claim by you arising out of or related to these Terms shall be governed by German law, exclusive of its choice of law rules. For any disputes deemed not subject to binding individual arbitration, as provided in the section immediately below, you and LEGENDS of EPICA agree to submit to the exclusive jurisdiction of Berlin, Germany. You and LEGENDS of EPICA agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible), as well as any right to a jury trial. The Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to these Terms. This paragraph will be interpreted as broadly as applicable law permits.
Binding Individual Arbitration
Disputes related to LEGENDS of EPICA’s End User License Agreement (“EULA”): If you have agreed to LEGENDS of EPICA’s End User License Agreement (“EULA”), “Disputes” as that term is defined in the EULA will be resolved as provided for in the EULA, including the EULA’s “Binding Individual Arbitration” section. The dispute resolution terms below apply to disputes arising solely under these Terms and not to products or services governed by a EULA.
Disputes related to these Terms: If you have an issue related to these Terms and have not agreed to LEGENDS of EPICA’s EULA, the dispute-resolution terms below apply.
1. Informal Resolution:
If you have an issue that our customer support can’t resolve, prior to starting arbitration You and LEGENDS of EPICA agree to attempt to resolve the dispute informally to help get us to a resolution and control costs for both parties. You and LEGENDS of EPICA agree to make a good-faith effort to negotiate any dispute between us for at least 30 days (“Informal Resolution”). Those informal negotiations will start on the day You or LEGENDS of EPICA receive a written Notice of a Dispute in accordance with these Terms.
You will send your Notice of Dispute to email@example.com Include your name, any relevant account name you use, address, how to contact you, what the problem is, and what you want LEGENDS of EPICA to do. If LEGENDS of EPICA has a dispute with You, LEGENDS of EPICA will send our Notice of Dispute to your registered email address and any billing address You have provided us.
If you reside in the European Union (“EU”), You may also be entitled to submit Your complaint to the European Commission’s Online Dispute Resolution (ODR) Platform. ODR allows EU consumers to resolve disputes related to the online purchases of goods and services without going to court.
If the dispute isn’t resolved within by Informal Resolution or small-claims court (below), You or LEGENDS of EPICA may start an arbitration in accordance with these Terms.
2. Small Claims Court:
Instead of using Informal Resolution, You and LEGENDS of EPICA agree that You may sue us in small-claims court in Berlin, Germany (if you meet the requirements of small-claims court). We hope you’ll try Informal Resolution first, but you don’t have to before going to small-claims court.
3. Future Terms Changes:
Although LEGENDS of EPICA may revise these Terms in its discretion, LEGENDS of EPICA does not have the right to alter these Terms to arbitrate or the rules specified herein with respect to any Dispute once that Dispute arises.
To the fullest extent permitted by law, the controlling language for these Terms is English. It is the express wish of the parties that these Terms and all related documents have been drawn up in English. Les parties déclarent qu’elles ont demandé et par les présentes confirment leur desir exprés que cette convention soit rédigee en anglais. Any translation has been provided for your convenience.
Waiver and Severability
No waiver of these Terms by LEGENDS of EPICA shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of LEGENDS of EPICA to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court 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 these Terms will continue in full force and effect.
Notice and Procedure for Making Claims of Copyright Infringement
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, LEGENDS of EPICA has adopted a policy of terminating, in appropriate circumstances as determined by LEGENDS of EPICA, users or account holders who are deemed to be repeat infringers of the copyrights of others. LEGENDS of EPICA may also at its sole discretion limit access to the Services and/or update, transfer, suspend, or terminate the accounts of any users who infringe the intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that your work has been used on the Website or in any other Services in a way that constitutes copyright infringement, please submit a Notice of Alleged Infringement (“DMCA Notice”) to our Designated Copyright Agent as follows:
Please include all of the following in your DMCA Notice:
- Identify the copyrighted work that you claim has been infringed. If your DMCA Notice covers multiple works, you may provide a representative list of such works.
- Identify the material that you claim is infringing, including a description of where the material is located. Your description must be reasonably sufficient to enable us to locate the material. Where possible, please include the URL of the webpage where the material is located.
- Provide your full legal name, mailing address, telephone number, and (if available) e-mail address.
- Include the following statement in the body of the DMCA Notice:
- I have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. I represent that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner of the copyright or authorized to act on the copyright owner’s behalf.
- Provide your electronic or physical signature.
- Please note that under 17 U.S.C. 512(f), if you knowingly misrepresent that material or activity is infringing, you may be liable for damages, including costs and attorneys’ fees, incurred by us or our users. If you are unsure whether the material or activity you are reporting is infringing, you may wish to contact an attorney before filing a notification with us.
For general questions, contact us at firstname.lastname@example.org.