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GAMEMASTER: MAGUS END USER LICENSE AGREEMENT
By using the Emperor Development Kft. website, any Software programs or Games distributed, published, or otherwise made available by ED or its affiliates, our fan pages on social media platforms, and/or all content accessible through our domains and applications (collectively, the "Site" and the “Services”) you agree to be bound by this this End User License Agreement (“EULA”) and our Privacy Policy (collectively, the “Agreement”).
The Service is operated by Emperor Development Kft., its affiliates, and third parties associated with Emperor Development Kft. ("ED", "we", "us" and "our", as applicable). ED provides the Site and related services such as desktop, TV and mobile applications to you (the "user", "you", and "your", as applicable) only for your personal use and subject to your acceptance of and compliance with this Agreement.
Please read the terms contained in this Agreement carefully before using our Services. Please note that these terms include but are not limited to, a limit on and exclusion of damages and remedies available to you and the selection of Hungarian law and jurisdiction in Budapest, Hungary over any disputes arising out of this Agreement.
Your use the Services confirms that you have read and understood this Agreement and you unconditionally accept this Agreement. If you do not accept the Agreement, do not use the Services.
By accepting of this Agreement, you warrant that you are an adult of the age of majority required to enter into an agreement or your parents or legal guardians have entered into this Agreement as individuals and are now bound by this Agreement.
CHANGES TO THIS AGREEMENT
We reserve the right, in our sole discretion, to revise this Agreement at any time. Any changes to these terms will be included in a revised version of this Agreement accessible through the Site. Your use of the Site and any related Services following posting of any changes to this Agreement constitutes your unconditional acceptance and agreement to be bound by the changed terms. You must cease using the Site if you do not agree to be bound by the revised Agreement.
The Effective Date of this Agreement is December 1st, 2017
GAME LICENSE GRANT
Game Defined. For purposes of this Agreement, "Games" means all entertainment-related software programs distributed, published or otherwise made available by ED or its affiliates on any platform, including but not limited to, mobile games, downloadable/installable games for personal computer, and games accessed by means of a browser or other online communication method. For avoidance of doubt, Games also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
Licensed not sold. Your Game is licensed to you, not sold. Ownership to the Game and all intellectual property rights in and to it remains at all times the property of ED and, as applicable, its licensors.
Scope of Game License. Subject to your compliance with this Agreement, ED hereby grants you a non-exclusive, non-transferable, limited, fully revocable license to install, access and use (and to let members of your family or household to use) the Game, strictly for non-commercial purposes only (a “Game License”). You may install the Game on different computers, but may only run the Game on one computer at a time.
PERMITTED USES OF THE GAME
Notwithstanding the forgoing description, your Game License allows you to:
1. Create publicly available videos of you playing the game containing the images and sounds of the Game (“Gameplay Videos”) through the platforms such as Twitch.tv and Youtube.com, whether monetized or not. Music and animations may only be made publicly available in the context of a Gameplay Video and not on their own. You must post a link to a purchase page of the Game either in the description or in-content of your Gameplay Videos.
2. Create, distribute, and make publicly available non-commercial user modifications (generally known as “mods”) to the Game. You may not distribute the Game together with the mod and may not allow other users to access any paid Game content (such as DLC or expansions) which the end user does not have access to otherwise. Mods may not infringe any third-party rights, such as intellectual property rights or any rights to privacy or publicity. It is only permitted to charge other end users or accept donations for mods with ED’s express written permission.
3. Make copies of the Game as may be necessary for personal, non-commercial backup and archival purposes.
4. Notwithstanding the foregoing, you agree that on request from ED you will immediately arrange for the removal from or alteration of any Gameplay Videos posted to any platforms and further agree that you will not pursue ED for any actual or potential loss you may suffer for that removal or alteration.
PROHIBITED USES OF THE GAME
Unless otherwise provided in this Agreement, you shall not
1. Remove or alter any copyright or trademark notices on any and all copies of the Game;
2. Copy, rent, lend, lease, sublicense or distribute the Game other than as may be permitted according to applicable law;
3. Remove, disable or circumvent any security protections such as digital rights management, proprietary notices or labels contained on or within the Game;
4. Modify, adapt, translate, reverse engineer, derive source code from, disassemble, decompile or create derivative works of the Game, other than may be permitted according to applicable law;
5. Use, develop, distribute or sell cheats, automation software (bots), hacks or any other unauthorized third-party software designed to modify the Game;
6. Perform in-game services in exchange for payment outside the Game, e.g., power-leveling;
7. Host, facilitate, create, or maintain any unauthorized connection to the Game, including without limitation (a) any connection to any unauthorized server; and (b) any connection using programs or tools not expressly authorized by ED.
8. Otherwise use the Game in a way which is not in compliance with all applicable laws;
9. Allow any other person or entity to violate any of the restrictions described in this Agreement.
SUPPORT SERVICES FOR THE GAME
ED may, but has no obligation to, provide you with technical support and community management services related to the Game (“Support Services”). ED reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason.
GAME PATCHES, UPDATES, CHANGES AND LOST DATA
You acknowledge and accept that from time to time, ED may patch or update the Game for the purpose of resolving software bugs or other issues, rebalancing the Game or adding and/or removing features in the Game.
Lost Data: In the event that any information or data (including without limitation in respect of in-game characters, achievements, Virtual Items) is lost, corrupted or otherwise no longer reasonably available or accessible, you agree that to the greatest extent permissible at law ED shall have no liability to you of any nature relating to any such information or data.
VIRTUAL MONEY AND GOODS
The Service may permit the purchase of virtual currency, such as credits, points, and gems (“Virtual Money”), and use of that Virtual Money to purchase virtual object or services (“Virtual Goods”). Virtual Money and Virtual Goods are collectively referred to as “Virtual Items.”
License to Virtual Items. Your purchase of Virtual Money grants you only a limited, nontransferable, non-sublicensable, revocable license to use such Virtual Money to access and purchase Virtual Goods in conjunction with your personal, noncommercial use of the Service.
No ownership. You acknowledge that you do not acquire any ownership rights in or to the Virtual Items. Any balance of Virtual Items does not reflect any stored value. You agree that Virtual Items have no monetary value and do not constitute actual currency or property of any type. Virtual Money may be redeemed only for Virtual Goods and can never be sold, transferred, or exchanged for “real” money, “real” goods, or “real” services from us or anyone else.
Only obtain Virtual Items through official channels. You agree that you will only obtain Virtual Items from us and through means provided by us, and not from any third-party platform, exchange, broker, or other mechanism, unless expressly authorized. Once you acquire a license to Virtual Items, you may not trade or transfer the Virtual Items to another individual or account, unless such functionality is provided to you by us by way of a feature or service, whether inside the Service or through some other method (e.g., a third-party website we authorize). We may cancel any Virtual Item sold, transferred, or exchanged in violation of this Agreement. Any such sale, transfer, or exchange (or attempt to do so) is prohibited and may result in the termination of your account.
Redemption and pricing of Virtual Items. During the term of your license to your Virtual Money, you have the option to redeem your Virtual Money for selected Virtual Goods. Pricing and availability of Virtual Items are subject to change without notice. We reserve the right at any time to change and update our pricing and inventory of Virtual Items. All Virtual Items are provided “as is,” without any warranty. You agree that all sales by us to you of Virtual Items are final and that we will not permit exchanges or refunds for any unused Items once the transaction has been made.
Purchases by End Users Outside the U.S. Virtual Items may only be purchased and held by legal residents of countries where access to and use of the Service are permitted. If you live in the European Union, you have certain rights to withdraw from online purchases. However, please note that once you download Virtual Money from us, your right of withdrawal ends. You agree that (a) purchase of Virtual Money involves immediate download of such Content; and (b) you lose your right of withdrawal once your purchase is complete. If you live in the European Union, you will need to ensure your compliance with VAT when required to do so by law. You agree that these invoices may be electronic in format. We reserve the right to control, regulate, change, or remove any Virtual Money or Virtual Goods without any liability to you.
Suspension or cancellation. We may cancel, suspend, or terminate your account and your access to your Virtual Items, in our sole discretion and without prior notice, in situations including, but not limited to, if (a) your account is inactive (i.e., not used or logged into); (b) you fail to comply with this Agreement; (c ) we suspect fraud or misuse by you of Virtual Itemst; (d) we suspect any other unlawful activity associated with your account; or (e) we are acting to protect the Service, our systems, any of our users, or our reputation. We have no obligation or responsibility to, and will not reimburse or refund, you for any Virtual Items lost due to such cancellation, suspension, or termination. You acknowledge that ED is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Items when your account is closed, whether such closure was voluntary or involuntary. In the case ED cancels your account, ED will not be required to provide you with prior notice or explanation in respect of such action. Notwithstanding the cancellation of access to your account in any case, you agree you will remain fully liable for any outstanding liability owed to ED. ED may, where it believes such action is necessary, without notice block IP addresses of any users who ED believes have breached that Agreement.
Modifications. We have the right to offer, modify, eliminate, and/or terminate Virtual Iterms, or any portion thereof, at any time, without notice or liability to you. If we discontinue the use of Virtual Iterms entirely, then we will provide notice to you by posting a notice on the Service or through other communications.
Billing disputes. You must notify ED of any disputed charges within thirty days of transaction. ED will attempt to resolve all disputes within thirty days of being notified of a dispute. To the extent ED determines, at its sole discretion, that a billing adjustment is warranted and a billing adjustment can be made, your account will be credited accordingly. If you fail to notify ED of a billing dispute as noted above, you will waive all rights to bring any claim regarding the disputed charges.
Note to parents. The Services are not intended for use by children under age 13 or persons who have not reached the age of majority under the laws of the applicable jurisdiction. Some on-Site content, functionality and actions are available only by purchasing of Virtual Items. If you are a parent, legal guardian and other adult responsible for children in your care, you are fully responsible for any use of your credit card or other payment instrument by the children in your care. Parents and other adults who provide our Software to their children, children in their care or other adults should take precautions to prevent unintended purchases of Virtual Items. Aside from any refund obligations we may be required to honor from the platform the Software is distributed through, we accept ABSOLUTELY NO RETURNS on any Virtual Items purchases including those made by children in your care.
Taxes on Virtual Items. When you purchase a license to use our Virtual Items, you agree to pay taxes that we or our distribution platform assesses on your purchase. Depending on the jurisdiction, the price may or may not include any applicable VAT.
Incorrect pricing on Virtual Items. If the price or specification published is materially incorrect when you place an order for the Virtual Items those incorrect prices may be honored at our sole discretion.
COMMUNITY GUIDELINES
Many ED Services have interactive elements, so we reserve the right to enforce rules to encourage a positive atmosphere in our community. The following rules of conduct apply to all ED Services.
1 You may not post inappropriate materials. This includes nude, partially nude, or sexually suggestive photos.
2 You may not upload materials or create a user name, screen name, or labeling Materials that contain expressions of hatred, bigotry, racism or pornography or be otherwise objectionable.
3 You are responsible for any activity that occurs under your registered screen name.
4 You may not impersonate another person or represent yourself as affiliated with ED or ED’s staff.
5 You are responsible for keeping your password secure.
6 You must not abuse, harass, threaten, impersonate, or intimidate other ED users or use the services to harass others.
7 You may not use web URLs in your name or posts without prior written consent from ED.
8 You may not use the ED Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
9 You are responsible for your conduct and any data, text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials ("Content") that you submit, post, and display on the Site.
10 ED does not control, is not responsible for, and makes no representations or warranties with respect to any user content.
11 In compliance with COPPA, users 13 years old or younger are prohibited from submitting user information or registering for an account. If you find someone 13 years old or younger using the Service without parental consent, you are obligated to contact us.
This list is an example and is not intended to be complete or exclusive.
No obligation to monitor. We don't have an obligation to monitor your access to or use of the Service or to review or edit any information posted to ED, by users. However, we have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Disabling access to data, accounts, and Content. We reserve the right, at any time and without prior notice, to remove or disable access to any data or account submitted by a user that we consider, in our sole discretion, to be in violation of these Terms, or harmful to the Service. Deleted content may be stored by ED in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, ED encourages you to maintain your own backup of your Content. ED will not be liable to you for any modification, suspension, or discontinuation of the ED Services, or the loss of any Content.
No warranties on submitted Content. The Content available through the Service has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Service or any Content on the Service, relating to the quality, suitability, truth, accuracy or completeness of any Content contained in the Service.
GENERAL TERMS
1 You may not access or try to access non-public areas of the Services, our computer systems, or the technical delivery systems employed by our Service.
2 You may not use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, crawl, scrape, or otherwise index any portion of the site or any content from ED including but not limited to posted items, user profiles, names, addresses, email addresses, and photos.
3 You may not create or submit unwanted email or comments to any ED users ("Spam").
4 You may not gather and use information, such as users’ name, real names or email addresses which are made available through the service for any purpose outside of these Terms, including but not limited to Spam or any other form of unwanted solicitation.
5 You may not transmit any worms or viruses or any code of a destructive nature.
6 You may not use the Site to violate any laws in your jurisdiction (including but not limited to copyright laws).
7 Attempting to get password, account information or other private or personal information from another user or from ED.
8 While ED prohibits certain conduct and content on its site, you understand and agree that ED cannot be responsible for the Content posted on it Services so you nonetheless may be exposed to such materials and that you use the ED Services at your own risk.
GENERAL CONDITIONS
1 We reserve the right to refuse service to anyone for any reason at any time.
2 We reserve the right to force forfeiture of any username that becomes inactive, violates intellectual property rights, defames, or may mislead other users.
3 We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
4 We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
INTELLECTUAL PROPERTY RIGHTS
1 By posting, uploading, embedding, displaying, communicating, or otherwise distributing ("Posting") any Content on or through the ED Services, you hereby grant to ED a non-exclusive, perpetual, irrevocable, fully paid and royalty-free, worldwide, sub-licensable and transferable license to all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual and industrial property rights (“Rights”). This grant allows ED to use, modify, publicly perform, publicly display, reproduce, distribute, and generally exploit such Content, including without limitation distributing part or all of the Content in any media formats, for any purpose, in perpetuity, through any distribution channels, known or unknown.
2 You agree that you shall promptly execute and shall cause anyone acting on your behalf promptly to execute, any and all documents that may be necessary to perfect ED's rights in and to work or Intellectual Property if it has not already been perfected by this Agreement.
3 You may not copy, modify, reproduce, retransmit, reverse engineer ED Intellectual Property in any fashion or for any purpose other than set forth in this Agreement without the express written permission of the ED.
4 Some of the ED Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that ED may place such advertising and promotions on the ED Services or on, about, or in conjunction with your Content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to you.
5 You represent and warrant that: (i) you own the Content posted by you on or through the ED Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the ED Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your Content on the ED Services does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owed to any person by reason of Content you post on or through the ED Services.
6 The Site contains copyrighted material, trademarks and other proprietary information that may include, but is not limited to text, software, photos, video, graphics, music and sound, and the entire contents of the Site are copyrighted as a collective work under the Hungarian copyright laws. You acknowledge that ED owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.
7 ED owns and retains all rights in the ED Content and the ED Services. ED hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the ED Content (excluding any software code) solely for your personal use in connection with viewing postings and using the ED Services.
8 User acknowledges that it does not acquire any ownership rights by accessing or otherwise using copyrighted material. Except as provided within this Agreement, you may not copy, modify, create derivative works, publicly display, publicly perform, or digitally transmit any Content appearing on or through the ED Services.
9 To the extent any "moral rights," "ancillary rights," or similar rights ("Moral Rights") in or to the Postings exist and are not exclusively licensed by us and to the extent you are able to do so under applicable law, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.
10 Without limiting the scope of the License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Postings, and to the extent allowed by applicable law, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Postings submitted by you to us.
11 By Posting to the Services, you waive any right to send a copyright-related or terms of service related account “strike” on any of ED’ third-party accounts based on the Content you Posted or any work derived from that Content.
12 You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Service ("Feedback") is given entirely voluntary and, even if designated as confidential, will not create any confidentiality obligation for us and we will be free to use, disclose, reproduce, license, distribute, and otherwise exploit such Feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
INDEMNIFICATION
You agree to indemnify, defend, and hold ED harmless from and against any and all costs, damages, liabilities, and expenses (including but not limited to attorneys' fees and fees incurred in settling disputes) we incur in relation to or arising from this Agreement including but not limited those incurred for the purpose of avoiding any claim or demand from a third party.
ED retains the right to employ ED’s own counsel. You remain solely responsible for ED’s defense and must obtain ED’s written consent to a settlement. You agree to notify ED of a pending suit claiming you have violated a third party’s intellectual property or other rights. ED requires that you confirm your indemnification in case of a lawsuit; failure to do so may be considered a breach of this Agreement.
TERMINATION GENERALLY
ED may terminate, change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) or your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Service and related Content.
TERMINATION OF GAME LICENSE
Your Game License is effective until terminated.
You may terminate it at any time by destroying the Game with all copies, full or partial, and removing all of its component parts.
Without prejudice to any other rights, ED may terminate this Agreement if you fail to comply with the Agreement. You shall then cease all use of the Game and destroy all copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the Game which have been downloaded.
NO WARRANTIES
You understand and agree that the Service are provided to you "AS IS" and on an "AS AVAILABLE" basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
LIMITATION OF LIABILITY
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE OR IN THE ALTERNATIVE, IF NO AMOUNT WAS PAID FOR THE SERVICE, IT SHALL NOT EXCEED $1000. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE OR ANY CONDUCT OR CONTENT OF ED OR OF ANY THIRD PARTY ON THE SERVICE. CLAIMS UNDER THIS AGREEMENT MUST BE MADE WITHIN A REASONABLE TIME (ASSUMED TO BE ONE YEAR).
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, BUT YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
THIS SECTION SHALL NOT APPLY TO: (ITHE PARTIES INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT; (II) NEGLIGENT, WILLFUL OR INTENTIONAL ACTS OF A PARTY (III) LOSSES SUFFERED BY A PARTY ARISING OUT OF ACTS OR OMISSIONS OF THE OTHER PARTY THAT ARE COMMITTED OR OMITTED BY THE OTHER PARTY VOLUNTARILY NOTWITHSTANDING THAT THE OTHER PARTY KNOWS OR OUGHT TO HAVE KNOWN THAT SUCH ACTS OR OMISSIONS WOULD SPECIFICALLY RESULT IN DAMAGES.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST ED ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ED ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
ARBITRATION
For any dispute you have with ED, you agree to first attempt to resolve the dispute with us informally. In the unlikely event that ED has not been able to resolve a dispute after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or breach or alleged breach thereof (collectively, “Claims”), by binding mediation. If, for some technical, legal, or jurisdictional reason, binding mediation is wholly unavailable, then any dispute shall be resolved through binding arbitration.
Unless you and ED decide otherwise, mediation or arbitration will be conducted in Budapest, Hungary unless objectively, unduly burdensome to one party. Each party will be responsible for paying any filing, administrative and third-party fees. The award rendered by the mediator or arbitrator shall include costs of mediation/arbitration, reasonable attorneys’ fees and reasonable costs for experts and other witnesses, and any judgment on the award rendered by the mediator or arbitrator may be entered in any court of competent jurisdiction. For avoidance of doubt, if there are one or more disputed items that remain unresolved at the end of the mediation, the mediator will render a final and binding decision on those unresolved items. The mediator's decisions shall be enforceable in any court of competent jurisdiction. Without limitation, costs include attorney’s fees required to enforce the mediator’s decision. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related unauthorized access to the Service.
TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS BOTH PARTIES AGREE OTHERWISE, THE MEDIATOR OR ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ED ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
GOVERNING LAW
This Agreement is governed by the laws of of Hungary, without regard to any conflict of laws rules or principles.
NO WAIVER
Our failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights.
SEVERABILITY
If any provision of this Agreement is held to be illegal, invalid or unenforceable in any respect, this shall not affect the other provisions of this Agreement, and this Agreement shall be construed as if such illegal, invalid or unenforceable provision had never been contained herein. Moreover, if any provision contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it shall then appear.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
QUESTIONS
Please contact us via email if you have any questions about our Agreement.
Email Address: support@emperorgaming.hu
By using the Emperor Development Kft. website, any Software programs or Games distributed, published, or otherwise made available by ED or its affiliates, our fan pages on social media platforms, and/or all content accessible through our domains and applications (collectively, the "Site" and the “Services”) you agree to be bound by this this End User License Agreement (“EULA”) and our Privacy Policy (collectively, the “Agreement”).
The Service is operated by Emperor Development Kft., its affiliates, and third parties associated with Emperor Development Kft. ("ED", "we", "us" and "our", as applicable). ED provides the Site and related services such as desktop, TV and mobile applications to you (the "user", "you", and "your", as applicable) only for your personal use and subject to your acceptance of and compliance with this Agreement.
Please read the terms contained in this Agreement carefully before using our Services. Please note that these terms include but are not limited to, a limit on and exclusion of damages and remedies available to you and the selection of Hungarian law and jurisdiction in Budapest, Hungary over any disputes arising out of this Agreement.
Your use the Services confirms that you have read and understood this Agreement and you unconditionally accept this Agreement. If you do not accept the Agreement, do not use the Services.
By accepting of this Agreement, you warrant that you are an adult of the age of majority required to enter into an agreement or your parents or legal guardians have entered into this Agreement as individuals and are now bound by this Agreement.
CHANGES TO THIS AGREEMENT
We reserve the right, in our sole discretion, to revise this Agreement at any time. Any changes to these terms will be included in a revised version of this Agreement accessible through the Site. Your use of the Site and any related Services following posting of any changes to this Agreement constitutes your unconditional acceptance and agreement to be bound by the changed terms. You must cease using the Site if you do not agree to be bound by the revised Agreement.
The Effective Date of this Agreement is December 1st, 2017
GAME LICENSE GRANT
Game Defined. For purposes of this Agreement, "Games" means all entertainment-related software programs distributed, published or otherwise made available by ED or its affiliates on any platform, including but not limited to, mobile games, downloadable/installable games for personal computer, and games accessed by means of a browser or other online communication method. For avoidance of doubt, Games also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
Licensed not sold. Your Game is licensed to you, not sold. Ownership to the Game and all intellectual property rights in and to it remains at all times the property of ED and, as applicable, its licensors.
Scope of Game License. Subject to your compliance with this Agreement, ED hereby grants you a non-exclusive, non-transferable, limited, fully revocable license to install, access and use (and to let members of your family or household to use) the Game, strictly for non-commercial purposes only (a “Game License”). You may install the Game on different computers, but may only run the Game on one computer at a time.
PERMITTED USES OF THE GAME
Notwithstanding the forgoing description, your Game License allows you to:
1. Create publicly available videos of you playing the game containing the images and sounds of the Game (“Gameplay Videos”) through the platforms such as Twitch.tv and Youtube.com, whether monetized or not. Music and animations may only be made publicly available in the context of a Gameplay Video and not on their own. You must post a link to a purchase page of the Game either in the description or in-content of your Gameplay Videos.
2. Create, distribute, and make publicly available non-commercial user modifications (generally known as “mods”) to the Game. You may not distribute the Game together with the mod and may not allow other users to access any paid Game content (such as DLC or expansions) which the end user does not have access to otherwise. Mods may not infringe any third-party rights, such as intellectual property rights or any rights to privacy or publicity. It is only permitted to charge other end users or accept donations for mods with ED’s express written permission.
3. Make copies of the Game as may be necessary for personal, non-commercial backup and archival purposes.
4. Notwithstanding the foregoing, you agree that on request from ED you will immediately arrange for the removal from or alteration of any Gameplay Videos posted to any platforms and further agree that you will not pursue ED for any actual or potential loss you may suffer for that removal or alteration.
PROHIBITED USES OF THE GAME
Unless otherwise provided in this Agreement, you shall not
1. Remove or alter any copyright or trademark notices on any and all copies of the Game;
2. Copy, rent, lend, lease, sublicense or distribute the Game other than as may be permitted according to applicable law;
3. Remove, disable or circumvent any security protections such as digital rights management, proprietary notices or labels contained on or within the Game;
4. Modify, adapt, translate, reverse engineer, derive source code from, disassemble, decompile or create derivative works of the Game, other than may be permitted according to applicable law;
5. Use, develop, distribute or sell cheats, automation software (bots), hacks or any other unauthorized third-party software designed to modify the Game;
6. Perform in-game services in exchange for payment outside the Game, e.g., power-leveling;
7. Host, facilitate, create, or maintain any unauthorized connection to the Game, including without limitation (a) any connection to any unauthorized server; and (b) any connection using programs or tools not expressly authorized by ED.
8. Otherwise use the Game in a way which is not in compliance with all applicable laws;
9. Allow any other person or entity to violate any of the restrictions described in this Agreement.
SUPPORT SERVICES FOR THE GAME
ED may, but has no obligation to, provide you with technical support and community management services related to the Game (“Support Services”). ED reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason.
GAME PATCHES, UPDATES, CHANGES AND LOST DATA
You acknowledge and accept that from time to time, ED may patch or update the Game for the purpose of resolving software bugs or other issues, rebalancing the Game or adding and/or removing features in the Game.
Lost Data: In the event that any information or data (including without limitation in respect of in-game characters, achievements, Virtual Items) is lost, corrupted or otherwise no longer reasonably available or accessible, you agree that to the greatest extent permissible at law ED shall have no liability to you of any nature relating to any such information or data.
VIRTUAL MONEY AND GOODS
The Service may permit the purchase of virtual currency, such as credits, points, and gems (“Virtual Money”), and use of that Virtual Money to purchase virtual object or services (“Virtual Goods”). Virtual Money and Virtual Goods are collectively referred to as “Virtual Items.”
License to Virtual Items. Your purchase of Virtual Money grants you only a limited, nontransferable, non-sublicensable, revocable license to use such Virtual Money to access and purchase Virtual Goods in conjunction with your personal, noncommercial use of the Service.
No ownership. You acknowledge that you do not acquire any ownership rights in or to the Virtual Items. Any balance of Virtual Items does not reflect any stored value. You agree that Virtual Items have no monetary value and do not constitute actual currency or property of any type. Virtual Money may be redeemed only for Virtual Goods and can never be sold, transferred, or exchanged for “real” money, “real” goods, or “real” services from us or anyone else.
Only obtain Virtual Items through official channels. You agree that you will only obtain Virtual Items from us and through means provided by us, and not from any third-party platform, exchange, broker, or other mechanism, unless expressly authorized. Once you acquire a license to Virtual Items, you may not trade or transfer the Virtual Items to another individual or account, unless such functionality is provided to you by us by way of a feature or service, whether inside the Service or through some other method (e.g., a third-party website we authorize). We may cancel any Virtual Item sold, transferred, or exchanged in violation of this Agreement. Any such sale, transfer, or exchange (or attempt to do so) is prohibited and may result in the termination of your account.
Redemption and pricing of Virtual Items. During the term of your license to your Virtual Money, you have the option to redeem your Virtual Money for selected Virtual Goods. Pricing and availability of Virtual Items are subject to change without notice. We reserve the right at any time to change and update our pricing and inventory of Virtual Items. All Virtual Items are provided “as is,” without any warranty. You agree that all sales by us to you of Virtual Items are final and that we will not permit exchanges or refunds for any unused Items once the transaction has been made.
Purchases by End Users Outside the U.S. Virtual Items may only be purchased and held by legal residents of countries where access to and use of the Service are permitted. If you live in the European Union, you have certain rights to withdraw from online purchases. However, please note that once you download Virtual Money from us, your right of withdrawal ends. You agree that (a) purchase of Virtual Money involves immediate download of such Content; and (b) you lose your right of withdrawal once your purchase is complete. If you live in the European Union, you will need to ensure your compliance with VAT when required to do so by law. You agree that these invoices may be electronic in format. We reserve the right to control, regulate, change, or remove any Virtual Money or Virtual Goods without any liability to you.
Suspension or cancellation. We may cancel, suspend, or terminate your account and your access to your Virtual Items, in our sole discretion and without prior notice, in situations including, but not limited to, if (a) your account is inactive (i.e., not used or logged into); (b) you fail to comply with this Agreement; (c ) we suspect fraud or misuse by you of Virtual Itemst; (d) we suspect any other unlawful activity associated with your account; or (e) we are acting to protect the Service, our systems, any of our users, or our reputation. We have no obligation or responsibility to, and will not reimburse or refund, you for any Virtual Items lost due to such cancellation, suspension, or termination. You acknowledge that ED is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Items when your account is closed, whether such closure was voluntary or involuntary. In the case ED cancels your account, ED will not be required to provide you with prior notice or explanation in respect of such action. Notwithstanding the cancellation of access to your account in any case, you agree you will remain fully liable for any outstanding liability owed to ED. ED may, where it believes such action is necessary, without notice block IP addresses of any users who ED believes have breached that Agreement.
Modifications. We have the right to offer, modify, eliminate, and/or terminate Virtual Iterms, or any portion thereof, at any time, without notice or liability to you. If we discontinue the use of Virtual Iterms entirely, then we will provide notice to you by posting a notice on the Service or through other communications.
Billing disputes. You must notify ED of any disputed charges within thirty days of transaction. ED will attempt to resolve all disputes within thirty days of being notified of a dispute. To the extent ED determines, at its sole discretion, that a billing adjustment is warranted and a billing adjustment can be made, your account will be credited accordingly. If you fail to notify ED of a billing dispute as noted above, you will waive all rights to bring any claim regarding the disputed charges.
Note to parents. The Services are not intended for use by children under age 13 or persons who have not reached the age of majority under the laws of the applicable jurisdiction. Some on-Site content, functionality and actions are available only by purchasing of Virtual Items. If you are a parent, legal guardian and other adult responsible for children in your care, you are fully responsible for any use of your credit card or other payment instrument by the children in your care. Parents and other adults who provide our Software to their children, children in their care or other adults should take precautions to prevent unintended purchases of Virtual Items. Aside from any refund obligations we may be required to honor from the platform the Software is distributed through, we accept ABSOLUTELY NO RETURNS on any Virtual Items purchases including those made by children in your care.
Taxes on Virtual Items. When you purchase a license to use our Virtual Items, you agree to pay taxes that we or our distribution platform assesses on your purchase. Depending on the jurisdiction, the price may or may not include any applicable VAT.
Incorrect pricing on Virtual Items. If the price or specification published is materially incorrect when you place an order for the Virtual Items those incorrect prices may be honored at our sole discretion.
COMMUNITY GUIDELINES
Many ED Services have interactive elements, so we reserve the right to enforce rules to encourage a positive atmosphere in our community. The following rules of conduct apply to all ED Services.
1 You may not post inappropriate materials. This includes nude, partially nude, or sexually suggestive photos.
2 You may not upload materials or create a user name, screen name, or labeling Materials that contain expressions of hatred, bigotry, racism or pornography or be otherwise objectionable.
3 You are responsible for any activity that occurs under your registered screen name.
4 You may not impersonate another person or represent yourself as affiliated with ED or ED’s staff.
5 You are responsible for keeping your password secure.
6 You must not abuse, harass, threaten, impersonate, or intimidate other ED users or use the services to harass others.
7 You may not use web URLs in your name or posts without prior written consent from ED.
8 You may not use the ED Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
9 You are responsible for your conduct and any data, text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials ("Content") that you submit, post, and display on the Site.
10 ED does not control, is not responsible for, and makes no representations or warranties with respect to any user content.
11 In compliance with COPPA, users 13 years old or younger are prohibited from submitting user information or registering for an account. If you find someone 13 years old or younger using the Service without parental consent, you are obligated to contact us.
This list is an example and is not intended to be complete or exclusive.
No obligation to monitor. We don't have an obligation to monitor your access to or use of the Service or to review or edit any information posted to ED, by users. However, we have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Disabling access to data, accounts, and Content. We reserve the right, at any time and without prior notice, to remove or disable access to any data or account submitted by a user that we consider, in our sole discretion, to be in violation of these Terms, or harmful to the Service. Deleted content may be stored by ED in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, ED encourages you to maintain your own backup of your Content. ED will not be liable to you for any modification, suspension, or discontinuation of the ED Services, or the loss of any Content.
No warranties on submitted Content. The Content available through the Service has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Service or any Content on the Service, relating to the quality, suitability, truth, accuracy or completeness of any Content contained in the Service.
GENERAL TERMS
1 You may not access or try to access non-public areas of the Services, our computer systems, or the technical delivery systems employed by our Service.
2 You may not use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, crawl, scrape, or otherwise index any portion of the site or any content from ED including but not limited to posted items, user profiles, names, addresses, email addresses, and photos.
3 You may not create or submit unwanted email or comments to any ED users ("Spam").
4 You may not gather and use information, such as users’ name, real names or email addresses which are made available through the service for any purpose outside of these Terms, including but not limited to Spam or any other form of unwanted solicitation.
5 You may not transmit any worms or viruses or any code of a destructive nature.
6 You may not use the Site to violate any laws in your jurisdiction (including but not limited to copyright laws).
7 Attempting to get password, account information or other private or personal information from another user or from ED.
8 While ED prohibits certain conduct and content on its site, you understand and agree that ED cannot be responsible for the Content posted on it Services so you nonetheless may be exposed to such materials and that you use the ED Services at your own risk.
GENERAL CONDITIONS
1 We reserve the right to refuse service to anyone for any reason at any time.
2 We reserve the right to force forfeiture of any username that becomes inactive, violates intellectual property rights, defames, or may mislead other users.
3 We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
4 We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
INTELLECTUAL PROPERTY RIGHTS
1 By posting, uploading, embedding, displaying, communicating, or otherwise distributing ("Posting") any Content on or through the ED Services, you hereby grant to ED a non-exclusive, perpetual, irrevocable, fully paid and royalty-free, worldwide, sub-licensable and transferable license to all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual and industrial property rights (“Rights”). This grant allows ED to use, modify, publicly perform, publicly display, reproduce, distribute, and generally exploit such Content, including without limitation distributing part or all of the Content in any media formats, for any purpose, in perpetuity, through any distribution channels, known or unknown.
2 You agree that you shall promptly execute and shall cause anyone acting on your behalf promptly to execute, any and all documents that may be necessary to perfect ED's rights in and to work or Intellectual Property if it has not already been perfected by this Agreement.
3 You may not copy, modify, reproduce, retransmit, reverse engineer ED Intellectual Property in any fashion or for any purpose other than set forth in this Agreement without the express written permission of the ED.
4 Some of the ED Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that ED may place such advertising and promotions on the ED Services or on, about, or in conjunction with your Content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to you.
5 You represent and warrant that: (i) you own the Content posted by you on or through the ED Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the ED Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your Content on the ED Services does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owed to any person by reason of Content you post on or through the ED Services.
6 The Site contains copyrighted material, trademarks and other proprietary information that may include, but is not limited to text, software, photos, video, graphics, music and sound, and the entire contents of the Site are copyrighted as a collective work under the Hungarian copyright laws. You acknowledge that ED owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.
7 ED owns and retains all rights in the ED Content and the ED Services. ED hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the ED Content (excluding any software code) solely for your personal use in connection with viewing postings and using the ED Services.
8 User acknowledges that it does not acquire any ownership rights by accessing or otherwise using copyrighted material. Except as provided within this Agreement, you may not copy, modify, create derivative works, publicly display, publicly perform, or digitally transmit any Content appearing on or through the ED Services.
9 To the extent any "moral rights," "ancillary rights," or similar rights ("Moral Rights") in or to the Postings exist and are not exclusively licensed by us and to the extent you are able to do so under applicable law, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.
10 Without limiting the scope of the License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Postings, and to the extent allowed by applicable law, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Postings submitted by you to us.
11 By Posting to the Services, you waive any right to send a copyright-related or terms of service related account “strike” on any of ED’ third-party accounts based on the Content you Posted or any work derived from that Content.
12 You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Service ("Feedback") is given entirely voluntary and, even if designated as confidential, will not create any confidentiality obligation for us and we will be free to use, disclose, reproduce, license, distribute, and otherwise exploit such Feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
INDEMNIFICATION
You agree to indemnify, defend, and hold ED harmless from and against any and all costs, damages, liabilities, and expenses (including but not limited to attorneys' fees and fees incurred in settling disputes) we incur in relation to or arising from this Agreement including but not limited those incurred for the purpose of avoiding any claim or demand from a third party.
ED retains the right to employ ED’s own counsel. You remain solely responsible for ED’s defense and must obtain ED’s written consent to a settlement. You agree to notify ED of a pending suit claiming you have violated a third party’s intellectual property or other rights. ED requires that you confirm your indemnification in case of a lawsuit; failure to do so may be considered a breach of this Agreement.
TERMINATION GENERALLY
ED may terminate, change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) or your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Service and related Content.
TERMINATION OF GAME LICENSE
Your Game License is effective until terminated.
You may terminate it at any time by destroying the Game with all copies, full or partial, and removing all of its component parts.
Without prejudice to any other rights, ED may terminate this Agreement if you fail to comply with the Agreement. You shall then cease all use of the Game and destroy all copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the Game which have been downloaded.
NO WARRANTIES
You understand and agree that the Service are provided to you "AS IS" and on an "AS AVAILABLE" basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
LIMITATION OF LIABILITY
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE OR IN THE ALTERNATIVE, IF NO AMOUNT WAS PAID FOR THE SERVICE, IT SHALL NOT EXCEED $1000. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE OR ANY CONDUCT OR CONTENT OF ED OR OF ANY THIRD PARTY ON THE SERVICE. CLAIMS UNDER THIS AGREEMENT MUST BE MADE WITHIN A REASONABLE TIME (ASSUMED TO BE ONE YEAR).
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, BUT YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
THIS SECTION SHALL NOT APPLY TO: (ITHE PARTIES INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT; (II) NEGLIGENT, WILLFUL OR INTENTIONAL ACTS OF A PARTY (III) LOSSES SUFFERED BY A PARTY ARISING OUT OF ACTS OR OMISSIONS OF THE OTHER PARTY THAT ARE COMMITTED OR OMITTED BY THE OTHER PARTY VOLUNTARILY NOTWITHSTANDING THAT THE OTHER PARTY KNOWS OR OUGHT TO HAVE KNOWN THAT SUCH ACTS OR OMISSIONS WOULD SPECIFICALLY RESULT IN DAMAGES.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST ED ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ED ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
ARBITRATION
For any dispute you have with ED, you agree to first attempt to resolve the dispute with us informally. In the unlikely event that ED has not been able to resolve a dispute after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or breach or alleged breach thereof (collectively, “Claims”), by binding mediation. If, for some technical, legal, or jurisdictional reason, binding mediation is wholly unavailable, then any dispute shall be resolved through binding arbitration.
Unless you and ED decide otherwise, mediation or arbitration will be conducted in Budapest, Hungary unless objectively, unduly burdensome to one party. Each party will be responsible for paying any filing, administrative and third-party fees. The award rendered by the mediator or arbitrator shall include costs of mediation/arbitration, reasonable attorneys’ fees and reasonable costs for experts and other witnesses, and any judgment on the award rendered by the mediator or arbitrator may be entered in any court of competent jurisdiction. For avoidance of doubt, if there are one or more disputed items that remain unresolved at the end of the mediation, the mediator will render a final and binding decision on those unresolved items. The mediator's decisions shall be enforceable in any court of competent jurisdiction. Without limitation, costs include attorney’s fees required to enforce the mediator’s decision. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related unauthorized access to the Service.
TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS BOTH PARTIES AGREE OTHERWISE, THE MEDIATOR OR ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ED ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
GOVERNING LAW
This Agreement is governed by the laws of of Hungary, without regard to any conflict of laws rules or principles.
NO WAIVER
Our failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights.
SEVERABILITY
If any provision of this Agreement is held to be illegal, invalid or unenforceable in any respect, this shall not affect the other provisions of this Agreement, and this Agreement shall be construed as if such illegal, invalid or unenforceable provision had never been contained herein. Moreover, if any provision contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it shall then appear.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
QUESTIONS
Please contact us via email if you have any questions about our Agreement.
Email Address: support@emperorgaming.hu