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Last Modified On: 2022/11/29
Section 22 contains a binding arbitration clause and class action waiver. If you live in the United States, this Section affects your rights about how to resolve disputes that you may have with us.
Please read it carefully.
This End User License Agreement (the “Agreement”) applies to the video game “Lodestar” (the “Service”), provided by Edenic Era LLC (“Edenic Era”).
Acceptance of Terms
By continuing to use the Service, you agree as follows:
You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
You will use the Service in accordance with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as it may be amended by Edenic Era from time to time; and
You understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement.
If you do not agree with the terms and conditions in this Agreement, please discontinue all further use of the Service.
Edenic Era’s License to You
Edenic Era grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Service. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Service and, if you sell or otherwise transfer a device on which any part of the Service is installed to a third party, you must remove the Service from such device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Service).
Messages from Edenic Era
You understand that you may receive business-related communications from Edenic Era through the Service or through email, such as product and other announcements, and administrative notices. You agree that these communications are not “unsolicited commercial email advertisements” and you agree to receive them.
Marketing-related email messages will be accompanied by instructions for opting out.
Third-Party Platforms
Even though you may have purchased or licensed the Service through a third-party platform, such as the Epic Games Store, Steam, or others (each, a “Third-Party Platform”), none of the Third-Party Platforms or their owners are a party to this Agreement and they have no obligations to you in connection with the Service.
Your Account
Account Creation. You need to connect a third-party account in order to use the Service (your “Account”). You may only connect and establish an Account with us if you are at least 16 years old. If you are at least 16 years of age but still a minor in your jurisdiction, your parent or legal guardian must establish an Account with us in order for you to access and use the Service.
You may connect your Account by connecting one of the available third-party accounts to the Service (usually your account from the Third-Party Platform you downloaded or licensed the game through). You are solely responsible for the activity that occurs on your Account. You agree to keep your Account and devices secure and to notify Edenic Era immediately of any breach of security or unauthorized use of your Account.
Accurate Information. When creating your Account on the Service, you promise to provide accurate information related to your Account. You promise to keep this information updated so that it is accurate at all times.
Suspension of Accounts. Edenic Era may, at our sole discretion, suspend or terminate your Account or your access to the Service should your conduct, in our sole determination, fail to conform with this Agreement or for any other reason.
Your Username. Edenic Era may force you to change any of your screen names if (i) it is the name of another person, with the intent to impersonate that person, (ii) it incorporates the rights of a third party without appropriate authorization, or (ii) Edenic Era deems it unacceptable by community standards, at Edenic Era’s sole discretion. Users additionally agree that their usernames:
will not be vulgar or insulting;
will not have sexual or pornographic connotations;
will not resemble or imitate a registered trademark or other term protected by intellectual property laws;
will not to promote a commercial service; and
will not to be spelled or spelled alternatively for the purpose of circumventing the rules imposed above.
Account Privacy. You agree that there is no expectation of privacy in connection with your interactions with other users in and through the Service. You further agree that the contents of any messages or other communication sent from your Account, whether in or through chats, forums, direct user-to-user communication, or by other means, may be accessed, reproduced, or distributed by Edenic Era as it sees fit. Edenic Era will fully cooperate with law enforcement and other governmental entities in policing the content of the Service.
No Account Purchases and Transfers. You may not buy, sell, give, or trade any Account, nor attempt to buy, sell, give, or trade any Account. Edenic Era owns, has licensed, or otherwise has rights to all the content that appears in-Service, including Accounts.
Your License to Edenic Era; Your Conduct
Your Content. Any communications or material of any kind that you email, post, upload, or otherwise transmit to Edenic Era or the public on or using the Service, including photographs, chat messages, emails, comments, voice recordings, data, questions, comments, or suggestions are known as your “Content.”
Edenic Era does not own your Content. By posting Content, you represent (i) that you are the owner of the Content or have all of the necessary rights to share them, and (ii) give Edenic Era permission to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your Content otherwise available in any form and by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world, including the right to incorporate any suggestions or feedback into the Service as new or updated features, without limitation.
Conduct Policy. You are responsible for your conduct as a user of the Service. You agree that you will not engage in conduct (including the sharing of Content) which:
is threatening, bullying, defamatory, abusive, obscene, extremely violent, lewd, sexually provocative or suggestive, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law;
is or could be taken as slurs, hate speech, or attacks on individuals or groups on the basis of race, color, gender, age, religion, national origin, disability, sexual preferences, or gender identity;
constitutes spam (sending the same message multiple times or to multiple people, or sharing or sending the same content multiple times, will be treated as spam);
is a solicitation or advertisement for any lewd or inappropriate personal conduct, commercial product, or activity;
encourages or constitutes behavior that does not support a safe and comfortable environment for all users, which conduct may include but not be limited to bullying, vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, lewd, sexually provocative, suggestive, or explicit, inflammatory, profane, racially or ethnically objectionable or discriminatory, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise makes the Service an uncomfortable experience for anyone;
restricts, inhibits, or discourages any other user from using the Service;
hacks, modifies or otherwise makes use of automation software (bots) or any other unauthorized third-party software designed to modify the Service experience;
violates any local, state, federal or international laws or gives rise to civil liability;
violates or infringes any third-party rights (including but not limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right);
imposes an unreasonable or disproportionately large load on the Service or otherwise interferes with the Service;
is a “chain letter,” or constitutes “junk mail”;
specifies or claims that that you are affiliated with Edenic Era when you are not, including without limitation an “Administrator,” “Moderator,” “Game Master,” or any other employee or agent of Edenic Era;
requests login information from other users;
“spoofs” (use of any means to disguise your online identity or alter original attribute information, including, but not limited to duplicate accounts);
uses or possesses programs to “crack” the Service or other Internet security tools;
contains, or uploads files that contain, viruses, Trojan horses, worms, corrupted files or data, or any other similar software or programs that may damage or inhibit the operation of the Service; or
anything else that Edenic Era, in its sole determination, deems offensive or harmful to the Service or to Edenic Era’s integrity or business.
Virtual Items
Virtual goods, downloadable content, add-ons, and virtual “tokens” or currency (collectively, “Virtual Items”) may be offered for purchase or otherwise earned through the Service. Your election to make a purchase with real currency will be an offer to Edenic Era to purchase at the prices and on the terms set forth on the Service.
You agree that you have no right or title in or to any Virtual Items. Edenic Era does not recognize any purported transfers of Virtual Items outside of the Service, or the purported sale, gift, or trade in the “real world” of anything that appears or originates in the Service. You may not sell Virtual Items for “real” money, or exchange those Virtual Items for value outside of the Service. To be clear, Virtual Items have no real-world value and are licensed, not owned.
Unless required by law or otherwise specified on the Service or allowed by the Third-Party Platform you access the Service through, all sales of Virtual Items are final when the transaction has been processed and no refunds will be given.
Support Services
Edenic Era may, in its sole discretion, provide you with customer and technical support services related to the Service (“Support Services”). Edenic Era is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of Edenic Era under this Agreement. Any supplemental software code provided to you as part of the Support Services will be treated as part of the Service, and as between you and Edenic Era will be and remain the sole property of Edenic Era and will be subject to the terms and conditions of this Agreement.
Edenic Era customer support may be reached by contacting us at privacy@edenicera.com. None of the Third-Party Platforms or their owners have any obligation whatsoever, under any circumstances, to provide Support Services with respect to the Service. You agree that you will look solely to Edenic Era in connection with Support Services.
Modification, Termination, and Monitoring of the Service
Edenic Era reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice at any time. You agree that Edenic Era will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
Edenic Era reserves the right to monitor use of the Service to determine compliance with this Agreement, as well as the right to edit, refuse to post, or remove any Content, information, or materials, in whole or in part, at our sole discretion. We reserve the right to refuse access to the Service to anyone, or terminate any Account, for any reason, at any time.
Edenic Era may monitor your Content and other communications to evaluate the quality of service you receive, your compliance with the Agreement, the security of the Service, or for other reasons. You agree that such monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Edenic Era or its affiliates or agents monitor your Content and other communications and enforces or fails to enforce the terms of the Agreement. In no event will Edenic Era or any of its affiliates or agents be liable for any costs, damages, expenses, or any other liabilities incurred by you as a result of monitoring activities by Edenic Era or its affiliates or agents.
Security of Data Transmission and Storage
Electronic communications using the Service may not always be encrypted. You acknowledge that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and Edenic Era or between you and other parties. Additionally, your communications and Content on the Service may be publicly available to other parties.
Edenic Era and its affiliates and agents are permitted, but not obligated, to review or retain your Content and other communications.
Hyperlinks
The Service may contain links to other sites and software applications, including through display advertisements (the “Linked Services”). Edenic Era does not control the Linked Services, and Edenic Era and its affiliates and agents make no representations whatsoever concerning the content, accuracy, security or privacy of those Linked Services. The fact that Edenic Era has provided a link to an external location is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Services, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and Edenic Era cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Edenic Era or its affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on Linked Services.
Trademarks and Copyrights
The Service is owned by Edenic Era and is protected by United States copyright laws and international treaty provisions. All Service content, trademarks, services marks, trade names, logos, and icons are proprietary to Edenic Era or used under license. Nothing contained in the Service should be seen as granting any license or right to use any trademark displayed in the Service without the written permission of Edenic Era or such third party that may own the trademarks displayed in the Service. Your use of the trademarks displayed in the Service, or any other content in the Service, except as provided in this Agreement, is strictly prohibited.
Intellectual property displayed through the Service is either the property of, or used with permission by, Edenic Era. You are prohibited from using or authorizing the use of this intellectual property unless specifically permitted under the Agreement. Any unauthorized use of this intellectual property may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
Copyright Complaints
If you are a copyright owner or their agent, and believe that any content on the Service infringes on your copyrights, you may submit a DMCA notification in writing to our Copyright Agent with the following information described below. When we receive a notice alleging copyright infringement, we will take whatever action we deem appropriate, within our sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed, a list of those works on the Service;
Identification of the material that is claimed to be infringing and that is to be removed disabled, reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as your email, address, or phone number;
A statement that you have 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
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Copyright Agent may be reached at the following physical or email address:
Edenic Era LLC
Attn: Copyright Agent
2050 Colby Ave
Los Angeles, CA 90025
Or by email at: privacy@edenicera.com
Any user of the Service that repeatedly infringes third party copyright or other intellectual property rights will have their Account suspended or terminated.
Disclaimer of Warranties
Your use of the Service is entirely at your own risk.
The Service is provided by Edenic Era on an as-is basis. Edenic Era expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Edenic Era makes no warranty that (i) the Service will meet your requirements, (ii) that operation of the Service will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Service will be accurate or reliable.
No advice or information, whether oral or written, obtained by you from Edenic Era, or through the Service creates any warranty regarding the Service not expressly stated in this Agreement.
To the maximum extent permitted by applicable law, no Third-Party Platform is a party to this Agreement or your purchase or license of the Service. None of the Third-Party Platforms make any warranties, or assume any warranty or other obligations with respect to: (i) the Service, or (ii) any claims, losses, liabilities, damages, costs, or expenses attributable to the Service, including any warranties arising from claims of infringement of intellectual property or personal rights, products liability, or failure of the Service to perform, execute, or conform to any standard.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
Limitation of Liability
You expressly understand and agree that neither Edenic Era nor any Third-Party Platform is liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goods, goodwill, use, data, or other intangible losses (even if Edenic Era or the Third-Party Platform has been advised of the possibility of such damages), resulting from the use or the inability to use the Service or any other matter relating to the Service.
You hereby expressly and irrevocably waive, and agree never to assert any claims against any Third-Party Platform that you may have under any theory of law or equity anywhere in the world, in connection with rights licensed under this Agreement, your possession or use of the Service, or the content of the Service. Any claims arising out of the Service are subject to the limitations set forth in this Agreement and may be brought only against Edenic Era, as described in Sections 21 and 22 below.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Edenic Era and its affiliates will be limited to the fullest extent permitted by law.
Indemnification
You agree to indemnify and hold Edenic Era and its affiliates, officers, agents, and employees harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person or entity arising out of your violation of this Agreement, state or federal laws or regulations, or any other person’s rights, including infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including any negligent act, will Edenic Era or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Service.
Your Personal Information
Certain personal and other information that we collect, process, and share is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed from time to time. You agree that your use of the Service is subject to the Privacy Policy.
Disclosures Required by Law
Edenic Era reserves the right to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process, or governmental request. Edenic Era reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Edenic Era to disclose the identity of any user believed to be in violation of this Agreement.
By accepting this Agreement, you waive all rights and agree to hold Edenic Era harmless from any claims resulting from any action taken by Edenic Era during or as a result of its investigations or from any actions taken as a consequence of investigations by either Edenic Era or law enforcement authorities.
Legal Compliance
By using the Service, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Third-Party Beneficiary
You acknowledge and agree that the Third-Party Platforms are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, any of the foregoing third parties will have the right (and will be deemed to have accepted the right) to enforce this Agreement as a third party beneficiary.
Governing Law; Mediation; Jurisdiction
The Agreement, and all future agreements you enter into with Edenic Era, unless otherwise indicated on such other agreement, will be governed by the laws of the State of California. This is the case regardless of whether you reside or transact business with Edenic Era, or any of its affiliates or agents, in the State of California or elsewhere. Unless a dispute would be governed by the terms of Section 22 below, you agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Los Angeles, California, USA.
For EU users only: In the event of a dispute relating to the interpretation, performance, or validity of this Agreement, an amicable solution can be sought before any legal action. You can file your complaint with Edenic Era by sending a message via email to privacy@edenicera.com. In case of failure, you can, within one year of the failed request, have recourse to an Alternative Dispute Resolution procedure by filing an online complaint on the European Commission’s Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. In the event that out-of-court dispute resolutions fail, the dispute may be brought before the competent courts.
Binding Arbitration
Any dispute or claim relating in any way to your use of the Service (each, a “Claim”) will be resolved by binding arbitration, rather than in court (except that you may assert claims in small-claims court if your claims qualify). You agree that each Claim must be brought individually.
YOU AND EDENIC ERA AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION MAY BE JOINED WITH ANY OTHER ARBITRATION.
The Federal Arbitration Act and federal arbitration law apply to this Agreement and this binding arbitration clause.
Arbitration is a process with no judge or jury – an arbitrator will review the arguments in the dispute and award damages and other relief just like a court would. The arbitrator must follow this Agreement as a court otherwise would. Court review of the arbitration award is limited under the Federal Arbitration Act.
To start an arbitration, you must send an email to privacy@edenicera.com describing your Claim and requesting arbitration, or we may do the same by sending a written notice requesting arbitration to your address. The proceedings will be conducted through JAMS, using their Streamlined Arbitration Rules and Procedures. You can view these rules at jamsadr.com or by calling 800-352-5267. The payment of the initial filing fees will be made by the party filing the Claim, and any other filing and other fees will be apportioned as directed by the JAMS rules. The arbitration will take place in Los Angeles, California, USA, unless the Parties agree to video, phone, or internet connection appearances.
Except as otherwise set forth below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Edenic Era will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given (including any attorneys’ fees and costs awarded), and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based.
Notwithstanding the terms of this Section, either of us may bring a lawsuit in court for equitable relief, for any misuse or infringement of intellectual property rights, or for any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use of the Service.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND EDENIC ERA WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
You and Edenic Era agree that if any portion this Section is found illegal or unenforceable, that portion will be severed and the remainder of the Section will be given full force and effect.
Miscellaneous Terms
Agreement Revisions. This Agreement may only be revised in writing by Edenic Era, or by Edenic Era’s publication of a new version on the Service.
Force Majeure. Edenic Era is not liable for any delay or failure to perform resulting from causes outside the reasonable control of Edenic Era, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Edenic Era’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Edenic Era as a result of this Agreement or your use of the Service.
Assignment. Edenic Era may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Edenic Era’s prior written consent, and any unauthorized assignment by you will be null and void.
Severability. If any part of this Agreement is determined to be void, invalid or unenforceable, then that portion will be severed, and the remainder of the Agreement will be given full force and effect.
Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation will be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
No Waiver. Our failure to enforce any provision of this Agreement will in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Equitable Remedies. You hereby agree that Edenic Era would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and Edenic Era with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Edenic Era with respect to the Service.
In this Privacy Policy, you’ll find:
⦁ What information we collect about you
⦁ How we might use that information
⦁ What information we might share with others
⦁ Your rights and choices about that information
⦁ What does this Privacy Policy cover?
We are Edenic Era LLC. In this document, we will refer to ourselves as “Edenic Era,” “we,” or “us.” We will refer to you and any other users as “you.”
In this Privacy Policy, we will cover the Lodestar video game.
We’ll refer to this as the “Service.”
By using the Service, you agree to the terms of this Privacy Policy. Please read our Terms of Use, as well, for general guidance about your use of the Service. Except as otherwise expressly agreed, this Privacy Policy and our Terms of Use are the complete agreement between you and Edenic Era.
⦁ What types of personal data do we collect?
Below you’ll find details about the types of personal data we collect from you and how we use it. We call this “processing” your data.
We’ll also tell you the reason for processing that data, which is known as our “legal basis.”
First, the personal data we collect from you:
Type of data Examples of the data How we use it Our legal basis
Contact Information
⦁ Full Name
⦁ Email Address
To contact you for technical support and customer support purposes, to contact you for marketing and promotional purposes, to send surveys and gather user feedback, and to administer contests and sweepstakes.
Based on your explicit consent, under GDPR Art. 6 (1) (a).
Analytic Information
⦁ User Access Times
⦁ User Activity on the Service
⦁ Interactions with other Users
⦁ Gameplay Data and Activities
To analyze user activity and improve the Service, including creating crash and error reports for bug fixing and error correction. The collection is necessary for our legitimate interests, under GDPR Art. 6 (1) (f).
Posts
⦁ In-game Chat and Discord Messages
⦁ Comments
⦁ Suggestions
⦁ Feedback
To operate public posting and messaging abilities for the Service, and to gather suggestions and feedback for Service improvements. The collection is necessary for our legitimate interests, under GDPR Art. 6 (1) (f).
Next, the personal data that third parties share with us:
What is the name of the third party sharing information with you? What type of information is being shared? What purpose do you use this information for?
Steam and other platforms that you connect an account from Achievements and other gameplay-related information To enable Achievements and other Service functionality through the third party platform
Finally, the personal data that we share with others:
Our reason for sharing What data is being shared? Who are we sharing it with?
Newsletters and Communications Contact Information Our newsletter hosting company
Analytics and Crash Reporting; Technical Support Contact Information (for Tech Support); Analytic Information Analytics and error reporting service providers
We may also need to share your personal data in a few other situations:
⦁ To follow the law, a court order, or orders from government agencies
⦁ To detect and combat fraud or security issues
⦁ To protect the Service, our employees, and our business’s rights or safety
Other than that, we will not share your personal data with anyone else.
⦁ How long do we keep your personal data?
We only keep your personal data as long as it’s required to provide you with the Service. Sometimes a longer period might be required by law.
After that, we will delete your personal data within a reasonable time or upon your request (see Country and State-specific rights below).
Please note that we may retain some data, if necessary to:
⦁ resolve disputes,
⦁ enforce our user agreements,
⦁ follow any technical and legal requirements related to the Service.
⦁ Children’s privacy rights
We don’t knowingly collect any personal data from children under the age of 13. We also don’t knowingly allow them to create accounts, sign up for newsletters, make purchases, or use the Service.
We may also limit our personal data processing for EU users between 13 and 16.
We take children’s privacy seriously and encourages parents to play an active role in their children’s online experience. If you have any concerns about your child’s personal data, please contact us at privacy@edenicera.com.
⦁ Transfers of your personal data
Our headquarters is in the United States.
No matter where you live, by using the Service you consent to the processing and transfer of your personal data in and to the United States. This processing will be under the privacy policies of third parties that we share personal data with.
The laws governing data collection and use may not be as comprehensive or protective as the laws of the country where you live.
If you would like more information, please contact us (see “How to contact us” below).
⦁ EU residents’ rights
We are regulated under the General Data Protection Regulation (GDPR), which applies across the European Union (including in the United Kingdom). We are responsible as a controller of personal data for GDPR purposes.
Your rights as an EU resident:
Under the GDPR, EU residents have several important rights:
⦁ You can request a copy of your personal data
⦁ You can ask us to correct that personal data, delete it, or request that we use it only for certain purposes.
⦁ If you’ve consented to our processing, you can change your mind and ask us to stop using your personal data. For example, you can unsubscribe from our mailing list at any time – just click the link in each marketing email.
⦁ In some circumstances, you can ask us not to use automated processing or profiling about you.
If you would like to exercise any of those rights, please email us at privacy@edenicera.com. We may ask for additional info to verify that you’re the owner of that data.
Also, in some cases where the law requires it, we may not be able to help with the above requests.
⦁ California residents’ rights
We are regulated under the California Consumer Privacy Act (CCPA), which applies to California residents.
Under the CCPA, California residents have several important rights:
Right to Know: You can ask us what personal data we hold about you and request a copy. This includes:
⦁ The type and specific pieces of personal data we have collected
⦁ The types of sources we collect the data from
⦁ The purpose for collecting your personal data
⦁ The third parties we share that data with
Right to Delete: You can request that we erase your personal data. There are some exceptions to this right, if we:
⦁ Need to complete the transaction for which the personal data was collected or if there is an ongoing business relationship or contract with you
⦁ Detect security incidents and protect against malicious, deceptive, fraudulent, or illegal activity
⦁ Need to identify and repair errors affecting Service functionality
⦁ Exercise free speech or ensure another consumer can exercise (or another lawful right)
⦁ Need to comply with the California Electronic Communications Privacy Act
⦁ Engage in research in the public interest
⦁ Enable solely internal uses that are in line with your expectations for using your personal data
⦁ Need to comply with a legal obligation
⦁ Otherwise use your personal data internally, in a way that’s compatible with the reason we collected it in the first place
Sale of your personal data: We don’t sell any of your personal data for any purposes.
Other Rights: California residents also have the right to request information about our disclosure of personal data to third parties for direct marketing purposes during the calendar year before your request. This request is free and may be made only once a year.
We also won’t discriminate against you for exercising any of the rights listed above.
If you would like to exercise any of those rights, please email us at privacy@edenicera.com. We may ask for additional info to verify that you’re the owner of that data.
⦁ How do we protect personal data?
We have taken steps and put security measures in place to prevent the accidental loss or misuse of personal data.
For example, we limit access to those who have a genuine business need. Those processing your information will do so only in an authorized manner.
We also have procedures in place to deal with any suspected data security breach. We’ll notify you and any applicable regulator of a suspected data security breach when legally required.
⦁ Resolving Disputes
We hope that we can resolve any questions or concerns you raise about our use of your personal data.
Please contact us at privacy@edenicera.com to let us know if you have questions or concerns. We will do our best to resolve the issue.
For EU residents, the GDPR also gives you right to lodge a complaint with a supervisory authority. You may do this in the EEA state where you live, work, or where any alleged infringement occurred.
⦁ How will we notify you of changes?
We last updated this Privacy Policy on 2022/11/29.
We may make further updates from time to time. If we have your email address on file, we will inform you via email. Otherwise, we will post a message on the Service about the change.
⦁ How to contact us
Please contact us if you have any questions about this Privacy Policy or your personal data.
You can do so using the following contact info:
⦁ Email: privacy@edenicera.com
⦁ Postal Mail: 2050 Colby Ave, Los Angeles, CA 90025
End User License Agreement
Important: Please read this End User License Agreement carefully before continuing to use this game.Section 22 contains a binding arbitration clause and class action waiver. If you live in the United States, this Section affects your rights about how to resolve disputes that you may have with us.
Please read it carefully.
This End User License Agreement (the “Agreement”) applies to the video game “Lodestar” (the “Service”), provided by Edenic Era LLC (“Edenic Era”).
Acceptance of Terms
By continuing to use the Service, you agree as follows:
You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
You will use the Service in accordance with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as it may be amended by Edenic Era from time to time; and
You understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement.
If you do not agree with the terms and conditions in this Agreement, please discontinue all further use of the Service.
Edenic Era’s License to You
Edenic Era grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Service. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Service and, if you sell or otherwise transfer a device on which any part of the Service is installed to a third party, you must remove the Service from such device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Service).
Messages from Edenic Era
You understand that you may receive business-related communications from Edenic Era through the Service or through email, such as product and other announcements, and administrative notices. You agree that these communications are not “unsolicited commercial email advertisements” and you agree to receive them.
Marketing-related email messages will be accompanied by instructions for opting out.
Third-Party Platforms
Even though you may have purchased or licensed the Service through a third-party platform, such as the Epic Games Store, Steam, or others (each, a “Third-Party Platform”), none of the Third-Party Platforms or their owners are a party to this Agreement and they have no obligations to you in connection with the Service.
Your Account
Account Creation. You need to connect a third-party account in order to use the Service (your “Account”). You may only connect and establish an Account with us if you are at least 16 years old. If you are at least 16 years of age but still a minor in your jurisdiction, your parent or legal guardian must establish an Account with us in order for you to access and use the Service.
You may connect your Account by connecting one of the available third-party accounts to the Service (usually your account from the Third-Party Platform you downloaded or licensed the game through). You are solely responsible for the activity that occurs on your Account. You agree to keep your Account and devices secure and to notify Edenic Era immediately of any breach of security or unauthorized use of your Account.
Accurate Information. When creating your Account on the Service, you promise to provide accurate information related to your Account. You promise to keep this information updated so that it is accurate at all times.
Suspension of Accounts. Edenic Era may, at our sole discretion, suspend or terminate your Account or your access to the Service should your conduct, in our sole determination, fail to conform with this Agreement or for any other reason.
Your Username. Edenic Era may force you to change any of your screen names if (i) it is the name of another person, with the intent to impersonate that person, (ii) it incorporates the rights of a third party without appropriate authorization, or (ii) Edenic Era deems it unacceptable by community standards, at Edenic Era’s sole discretion. Users additionally agree that their usernames:
will not be vulgar or insulting;
will not have sexual or pornographic connotations;
will not resemble or imitate a registered trademark or other term protected by intellectual property laws;
will not to promote a commercial service; and
will not to be spelled or spelled alternatively for the purpose of circumventing the rules imposed above.
Account Privacy. You agree that there is no expectation of privacy in connection with your interactions with other users in and through the Service. You further agree that the contents of any messages or other communication sent from your Account, whether in or through chats, forums, direct user-to-user communication, or by other means, may be accessed, reproduced, or distributed by Edenic Era as it sees fit. Edenic Era will fully cooperate with law enforcement and other governmental entities in policing the content of the Service.
No Account Purchases and Transfers. You may not buy, sell, give, or trade any Account, nor attempt to buy, sell, give, or trade any Account. Edenic Era owns, has licensed, or otherwise has rights to all the content that appears in-Service, including Accounts.
Your License to Edenic Era; Your Conduct
Your Content. Any communications or material of any kind that you email, post, upload, or otherwise transmit to Edenic Era or the public on or using the Service, including photographs, chat messages, emails, comments, voice recordings, data, questions, comments, or suggestions are known as your “Content.”
Edenic Era does not own your Content. By posting Content, you represent (i) that you are the owner of the Content or have all of the necessary rights to share them, and (ii) give Edenic Era permission to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your Content otherwise available in any form and by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world, including the right to incorporate any suggestions or feedback into the Service as new or updated features, without limitation.
Conduct Policy. You are responsible for your conduct as a user of the Service. You agree that you will not engage in conduct (including the sharing of Content) which:
is threatening, bullying, defamatory, abusive, obscene, extremely violent, lewd, sexually provocative or suggestive, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law;
is or could be taken as slurs, hate speech, or attacks on individuals or groups on the basis of race, color, gender, age, religion, national origin, disability, sexual preferences, or gender identity;
constitutes spam (sending the same message multiple times or to multiple people, or sharing or sending the same content multiple times, will be treated as spam);
is a solicitation or advertisement for any lewd or inappropriate personal conduct, commercial product, or activity;
encourages or constitutes behavior that does not support a safe and comfortable environment for all users, which conduct may include but not be limited to bullying, vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, lewd, sexually provocative, suggestive, or explicit, inflammatory, profane, racially or ethnically objectionable or discriminatory, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise makes the Service an uncomfortable experience for anyone;
restricts, inhibits, or discourages any other user from using the Service;
hacks, modifies or otherwise makes use of automation software (bots) or any other unauthorized third-party software designed to modify the Service experience;
violates any local, state, federal or international laws or gives rise to civil liability;
violates or infringes any third-party rights (including but not limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right);
imposes an unreasonable or disproportionately large load on the Service or otherwise interferes with the Service;
is a “chain letter,” or constitutes “junk mail”;
specifies or claims that that you are affiliated with Edenic Era when you are not, including without limitation an “Administrator,” “Moderator,” “Game Master,” or any other employee or agent of Edenic Era;
requests login information from other users;
“spoofs” (use of any means to disguise your online identity or alter original attribute information, including, but not limited to duplicate accounts);
uses or possesses programs to “crack” the Service or other Internet security tools;
contains, or uploads files that contain, viruses, Trojan horses, worms, corrupted files or data, or any other similar software or programs that may damage or inhibit the operation of the Service; or
anything else that Edenic Era, in its sole determination, deems offensive or harmful to the Service or to Edenic Era’s integrity or business.
Virtual Items
Virtual goods, downloadable content, add-ons, and virtual “tokens” or currency (collectively, “Virtual Items”) may be offered for purchase or otherwise earned through the Service. Your election to make a purchase with real currency will be an offer to Edenic Era to purchase at the prices and on the terms set forth on the Service.
You agree that you have no right or title in or to any Virtual Items. Edenic Era does not recognize any purported transfers of Virtual Items outside of the Service, or the purported sale, gift, or trade in the “real world” of anything that appears or originates in the Service. You may not sell Virtual Items for “real” money, or exchange those Virtual Items for value outside of the Service. To be clear, Virtual Items have no real-world value and are licensed, not owned.
Unless required by law or otherwise specified on the Service or allowed by the Third-Party Platform you access the Service through, all sales of Virtual Items are final when the transaction has been processed and no refunds will be given.
Support Services
Edenic Era may, in its sole discretion, provide you with customer and technical support services related to the Service (“Support Services”). Edenic Era is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of Edenic Era under this Agreement. Any supplemental software code provided to you as part of the Support Services will be treated as part of the Service, and as between you and Edenic Era will be and remain the sole property of Edenic Era and will be subject to the terms and conditions of this Agreement.
Edenic Era customer support may be reached by contacting us at privacy@edenicera.com. None of the Third-Party Platforms or their owners have any obligation whatsoever, under any circumstances, to provide Support Services with respect to the Service. You agree that you will look solely to Edenic Era in connection with Support Services.
Modification, Termination, and Monitoring of the Service
Edenic Era reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice at any time. You agree that Edenic Era will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
Edenic Era reserves the right to monitor use of the Service to determine compliance with this Agreement, as well as the right to edit, refuse to post, or remove any Content, information, or materials, in whole or in part, at our sole discretion. We reserve the right to refuse access to the Service to anyone, or terminate any Account, for any reason, at any time.
Edenic Era may monitor your Content and other communications to evaluate the quality of service you receive, your compliance with the Agreement, the security of the Service, or for other reasons. You agree that such monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Edenic Era or its affiliates or agents monitor your Content and other communications and enforces or fails to enforce the terms of the Agreement. In no event will Edenic Era or any of its affiliates or agents be liable for any costs, damages, expenses, or any other liabilities incurred by you as a result of monitoring activities by Edenic Era or its affiliates or agents.
Security of Data Transmission and Storage
Electronic communications using the Service may not always be encrypted. You acknowledge that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and Edenic Era or between you and other parties. Additionally, your communications and Content on the Service may be publicly available to other parties.
Edenic Era and its affiliates and agents are permitted, but not obligated, to review or retain your Content and other communications.
Hyperlinks
The Service may contain links to other sites and software applications, including through display advertisements (the “Linked Services”). Edenic Era does not control the Linked Services, and Edenic Era and its affiliates and agents make no representations whatsoever concerning the content, accuracy, security or privacy of those Linked Services. The fact that Edenic Era has provided a link to an external location is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Services, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and Edenic Era cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Edenic Era or its affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on Linked Services.
Trademarks and Copyrights
The Service is owned by Edenic Era and is protected by United States copyright laws and international treaty provisions. All Service content, trademarks, services marks, trade names, logos, and icons are proprietary to Edenic Era or used under license. Nothing contained in the Service should be seen as granting any license or right to use any trademark displayed in the Service without the written permission of Edenic Era or such third party that may own the trademarks displayed in the Service. Your use of the trademarks displayed in the Service, or any other content in the Service, except as provided in this Agreement, is strictly prohibited.
Intellectual property displayed through the Service is either the property of, or used with permission by, Edenic Era. You are prohibited from using or authorizing the use of this intellectual property unless specifically permitted under the Agreement. Any unauthorized use of this intellectual property may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
Copyright Complaints
If you are a copyright owner or their agent, and believe that any content on the Service infringes on your copyrights, you may submit a DMCA notification in writing to our Copyright Agent with the following information described below. When we receive a notice alleging copyright infringement, we will take whatever action we deem appropriate, within our sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed, a list of those works on the Service;
Identification of the material that is claimed to be infringing and that is to be removed disabled, reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as your email, address, or phone number;
A statement that you have 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
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Copyright Agent may be reached at the following physical or email address:
Edenic Era LLC
Attn: Copyright Agent
2050 Colby Ave
Los Angeles, CA 90025
Or by email at: privacy@edenicera.com
Any user of the Service that repeatedly infringes third party copyright or other intellectual property rights will have their Account suspended or terminated.
Disclaimer of Warranties
Your use of the Service is entirely at your own risk.
The Service is provided by Edenic Era on an as-is basis. Edenic Era expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Edenic Era makes no warranty that (i) the Service will meet your requirements, (ii) that operation of the Service will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Service will be accurate or reliable.
No advice or information, whether oral or written, obtained by you from Edenic Era, or through the Service creates any warranty regarding the Service not expressly stated in this Agreement.
To the maximum extent permitted by applicable law, no Third-Party Platform is a party to this Agreement or your purchase or license of the Service. None of the Third-Party Platforms make any warranties, or assume any warranty or other obligations with respect to: (i) the Service, or (ii) any claims, losses, liabilities, damages, costs, or expenses attributable to the Service, including any warranties arising from claims of infringement of intellectual property or personal rights, products liability, or failure of the Service to perform, execute, or conform to any standard.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
Limitation of Liability
You expressly understand and agree that neither Edenic Era nor any Third-Party Platform is liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goods, goodwill, use, data, or other intangible losses (even if Edenic Era or the Third-Party Platform has been advised of the possibility of such damages), resulting from the use or the inability to use the Service or any other matter relating to the Service.
You hereby expressly and irrevocably waive, and agree never to assert any claims against any Third-Party Platform that you may have under any theory of law or equity anywhere in the world, in connection with rights licensed under this Agreement, your possession or use of the Service, or the content of the Service. Any claims arising out of the Service are subject to the limitations set forth in this Agreement and may be brought only against Edenic Era, as described in Sections 21 and 22 below.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Edenic Era and its affiliates will be limited to the fullest extent permitted by law.
Indemnification
You agree to indemnify and hold Edenic Era and its affiliates, officers, agents, and employees harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person or entity arising out of your violation of this Agreement, state or federal laws or regulations, or any other person’s rights, including infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including any negligent act, will Edenic Era or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Service.
Your Personal Information
Certain personal and other information that we collect, process, and share is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed from time to time. You agree that your use of the Service is subject to the Privacy Policy.
Disclosures Required by Law
Edenic Era reserves the right to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process, or governmental request. Edenic Era reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Edenic Era to disclose the identity of any user believed to be in violation of this Agreement.
By accepting this Agreement, you waive all rights and agree to hold Edenic Era harmless from any claims resulting from any action taken by Edenic Era during or as a result of its investigations or from any actions taken as a consequence of investigations by either Edenic Era or law enforcement authorities.
Legal Compliance
By using the Service, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Third-Party Beneficiary
You acknowledge and agree that the Third-Party Platforms are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, any of the foregoing third parties will have the right (and will be deemed to have accepted the right) to enforce this Agreement as a third party beneficiary.
Governing Law; Mediation; Jurisdiction
The Agreement, and all future agreements you enter into with Edenic Era, unless otherwise indicated on such other agreement, will be governed by the laws of the State of California. This is the case regardless of whether you reside or transact business with Edenic Era, or any of its affiliates or agents, in the State of California or elsewhere. Unless a dispute would be governed by the terms of Section 22 below, you agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Los Angeles, California, USA.
For EU users only: In the event of a dispute relating to the interpretation, performance, or validity of this Agreement, an amicable solution can be sought before any legal action. You can file your complaint with Edenic Era by sending a message via email to privacy@edenicera.com. In case of failure, you can, within one year of the failed request, have recourse to an Alternative Dispute Resolution procedure by filing an online complaint on the European Commission’s Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. In the event that out-of-court dispute resolutions fail, the dispute may be brought before the competent courts.
Binding Arbitration
Any dispute or claim relating in any way to your use of the Service (each, a “Claim”) will be resolved by binding arbitration, rather than in court (except that you may assert claims in small-claims court if your claims qualify). You agree that each Claim must be brought individually.
YOU AND EDENIC ERA AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION MAY BE JOINED WITH ANY OTHER ARBITRATION.
The Federal Arbitration Act and federal arbitration law apply to this Agreement and this binding arbitration clause.
Arbitration is a process with no judge or jury – an arbitrator will review the arguments in the dispute and award damages and other relief just like a court would. The arbitrator must follow this Agreement as a court otherwise would. Court review of the arbitration award is limited under the Federal Arbitration Act.
To start an arbitration, you must send an email to privacy@edenicera.com describing your Claim and requesting arbitration, or we may do the same by sending a written notice requesting arbitration to your address. The proceedings will be conducted through JAMS, using their Streamlined Arbitration Rules and Procedures. You can view these rules at jamsadr.com or by calling 800-352-5267. The payment of the initial filing fees will be made by the party filing the Claim, and any other filing and other fees will be apportioned as directed by the JAMS rules. The arbitration will take place in Los Angeles, California, USA, unless the Parties agree to video, phone, or internet connection appearances.
Except as otherwise set forth below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Edenic Era will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given (including any attorneys’ fees and costs awarded), and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based.
Notwithstanding the terms of this Section, either of us may bring a lawsuit in court for equitable relief, for any misuse or infringement of intellectual property rights, or for any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use of the Service.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND EDENIC ERA WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
You and Edenic Era agree that if any portion this Section is found illegal or unenforceable, that portion will be severed and the remainder of the Section will be given full force and effect.
Miscellaneous Terms
Agreement Revisions. This Agreement may only be revised in writing by Edenic Era, or by Edenic Era’s publication of a new version on the Service.
Force Majeure. Edenic Era is not liable for any delay or failure to perform resulting from causes outside the reasonable control of Edenic Era, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Edenic Era’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Edenic Era as a result of this Agreement or your use of the Service.
Assignment. Edenic Era may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Edenic Era’s prior written consent, and any unauthorized assignment by you will be null and void.
Severability. If any part of this Agreement is determined to be void, invalid or unenforceable, then that portion will be severed, and the remainder of the Agreement will be given full force and effect.
Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation will be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
No Waiver. Our failure to enforce any provision of this Agreement will in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Equitable Remedies. You hereby agree that Edenic Era would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and Edenic Era with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Edenic Era with respect to the Service.
Privacy Policy
What’s in this Privacy Policy?In this Privacy Policy, you’ll find:
⦁ What information we collect about you
⦁ How we might use that information
⦁ What information we might share with others
⦁ Your rights and choices about that information
⦁ What does this Privacy Policy cover?
We are Edenic Era LLC. In this document, we will refer to ourselves as “Edenic Era,” “we,” or “us.” We will refer to you and any other users as “you.”
In this Privacy Policy, we will cover the Lodestar video game.
We’ll refer to this as the “Service.”
By using the Service, you agree to the terms of this Privacy Policy. Please read our Terms of Use, as well, for general guidance about your use of the Service. Except as otherwise expressly agreed, this Privacy Policy and our Terms of Use are the complete agreement between you and Edenic Era.
⦁ What types of personal data do we collect?
Below you’ll find details about the types of personal data we collect from you and how we use it. We call this “processing” your data.
We’ll also tell you the reason for processing that data, which is known as our “legal basis.”
First, the personal data we collect from you:
Type of data Examples of the data How we use it Our legal basis
Contact Information
⦁ Full Name
⦁ Email Address
To contact you for technical support and customer support purposes, to contact you for marketing and promotional purposes, to send surveys and gather user feedback, and to administer contests and sweepstakes.
Based on your explicit consent, under GDPR Art. 6 (1) (a).
Analytic Information
⦁ User Access Times
⦁ User Activity on the Service
⦁ Interactions with other Users
⦁ Gameplay Data and Activities
To analyze user activity and improve the Service, including creating crash and error reports for bug fixing and error correction. The collection is necessary for our legitimate interests, under GDPR Art. 6 (1) (f).
Posts
⦁ In-game Chat and Discord Messages
⦁ Comments
⦁ Suggestions
⦁ Feedback
To operate public posting and messaging abilities for the Service, and to gather suggestions and feedback for Service improvements. The collection is necessary for our legitimate interests, under GDPR Art. 6 (1) (f).
Next, the personal data that third parties share with us:
What is the name of the third party sharing information with you? What type of information is being shared? What purpose do you use this information for?
Steam and other platforms that you connect an account from Achievements and other gameplay-related information To enable Achievements and other Service functionality through the third party platform
Finally, the personal data that we share with others:
Our reason for sharing What data is being shared? Who are we sharing it with?
Newsletters and Communications Contact Information Our newsletter hosting company
Analytics and Crash Reporting; Technical Support Contact Information (for Tech Support); Analytic Information Analytics and error reporting service providers
We may also need to share your personal data in a few other situations:
⦁ To follow the law, a court order, or orders from government agencies
⦁ To detect and combat fraud or security issues
⦁ To protect the Service, our employees, and our business’s rights or safety
Other than that, we will not share your personal data with anyone else.
⦁ How long do we keep your personal data?
We only keep your personal data as long as it’s required to provide you with the Service. Sometimes a longer period might be required by law.
After that, we will delete your personal data within a reasonable time or upon your request (see Country and State-specific rights below).
Please note that we may retain some data, if necessary to:
⦁ resolve disputes,
⦁ enforce our user agreements,
⦁ follow any technical and legal requirements related to the Service.
⦁ Children’s privacy rights
We don’t knowingly collect any personal data from children under the age of 13. We also don’t knowingly allow them to create accounts, sign up for newsletters, make purchases, or use the Service.
We may also limit our personal data processing for EU users between 13 and 16.
We take children’s privacy seriously and encourages parents to play an active role in their children’s online experience. If you have any concerns about your child’s personal data, please contact us at privacy@edenicera.com.
⦁ Transfers of your personal data
Our headquarters is in the United States.
No matter where you live, by using the Service you consent to the processing and transfer of your personal data in and to the United States. This processing will be under the privacy policies of third parties that we share personal data with.
The laws governing data collection and use may not be as comprehensive or protective as the laws of the country where you live.
If you would like more information, please contact us (see “How to contact us” below).
⦁ EU residents’ rights
We are regulated under the General Data Protection Regulation (GDPR), which applies across the European Union (including in the United Kingdom). We are responsible as a controller of personal data for GDPR purposes.
Your rights as an EU resident:
Under the GDPR, EU residents have several important rights:
⦁ You can request a copy of your personal data
⦁ You can ask us to correct that personal data, delete it, or request that we use it only for certain purposes.
⦁ If you’ve consented to our processing, you can change your mind and ask us to stop using your personal data. For example, you can unsubscribe from our mailing list at any time – just click the link in each marketing email.
⦁ In some circumstances, you can ask us not to use automated processing or profiling about you.
If you would like to exercise any of those rights, please email us at privacy@edenicera.com. We may ask for additional info to verify that you’re the owner of that data.
Also, in some cases where the law requires it, we may not be able to help with the above requests.
⦁ California residents’ rights
We are regulated under the California Consumer Privacy Act (CCPA), which applies to California residents.
Under the CCPA, California residents have several important rights:
Right to Know: You can ask us what personal data we hold about you and request a copy. This includes:
⦁ The type and specific pieces of personal data we have collected
⦁ The types of sources we collect the data from
⦁ The purpose for collecting your personal data
⦁ The third parties we share that data with
Right to Delete: You can request that we erase your personal data. There are some exceptions to this right, if we:
⦁ Need to complete the transaction for which the personal data was collected or if there is an ongoing business relationship or contract with you
⦁ Detect security incidents and protect against malicious, deceptive, fraudulent, or illegal activity
⦁ Need to identify and repair errors affecting Service functionality
⦁ Exercise free speech or ensure another consumer can exercise (or another lawful right)
⦁ Need to comply with the California Electronic Communications Privacy Act
⦁ Engage in research in the public interest
⦁ Enable solely internal uses that are in line with your expectations for using your personal data
⦁ Need to comply with a legal obligation
⦁ Otherwise use your personal data internally, in a way that’s compatible with the reason we collected it in the first place
Sale of your personal data: We don’t sell any of your personal data for any purposes.
Other Rights: California residents also have the right to request information about our disclosure of personal data to third parties for direct marketing purposes during the calendar year before your request. This request is free and may be made only once a year.
We also won’t discriminate against you for exercising any of the rights listed above.
If you would like to exercise any of those rights, please email us at privacy@edenicera.com. We may ask for additional info to verify that you’re the owner of that data.
⦁ How do we protect personal data?
We have taken steps and put security measures in place to prevent the accidental loss or misuse of personal data.
For example, we limit access to those who have a genuine business need. Those processing your information will do so only in an authorized manner.
We also have procedures in place to deal with any suspected data security breach. We’ll notify you and any applicable regulator of a suspected data security breach when legally required.
⦁ Resolving Disputes
We hope that we can resolve any questions or concerns you raise about our use of your personal data.
Please contact us at privacy@edenicera.com to let us know if you have questions or concerns. We will do our best to resolve the issue.
For EU residents, the GDPR also gives you right to lodge a complaint with a supervisory authority. You may do this in the EEA state where you live, work, or where any alleged infringement occurred.
⦁ How will we notify you of changes?
We last updated this Privacy Policy on 2022/11/29.
We may make further updates from time to time. If we have your email address on file, we will inform you via email. Otherwise, we will post a message on the Service about the change.
⦁ How to contact us
Please contact us if you have any questions about this Privacy Policy or your personal data.
You can do so using the following contact info:
⦁ Email: privacy@edenicera.com
⦁ Postal Mail: 2050 Colby Ave, Los Angeles, CA 90025