EMPIRE GAMES LTD
TERMS OF SERVICE
Last Updated: January 4, 2022
The Services are owned and operated by us for your personal, non-commercial use and information. Your use of the Services is subject to the following terms and all applicable laws.
READ THESE TERMS CAREFULLY BEFORE CREATING AN ACCOUNT WITH US. BY CREATING AN ACCOUNT, USING ANY OF THE SERVICES, OR BY CLICKING THE “I ACCEPT” BOX, YOU AFFIRMATIVELY INDICATE THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE ANY EMPIRE GAMES LTD APP, CREATE AN ACCOUNT WITH US, OR OTHERWISE USE THE SERVICES IF YOU DO NOT ACCEPT THESE TERMS.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
THE SERVICES ARE VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAWS.
THE SERVICES ARE NOT AVAILABLE FOR CASH GAMING USE IN THE FOLLOWING U.S. STATES: ARIZONA, ARKANSAS, CONNECTICUT, DELAWARE, LOUISIANA, MICHIGAN, MONTANA, SOUTH CAROLINA, SOUTH DAKOTA, AND TENNESSEE. IF YOU ARE ACCESSING THE SERVICES FROM OUTSIDE OF THE UNITED STATES, IT IS YOUR RESPONSIBILITY TO DETERMINE WHETHER THE SERVICES COMPLY WITH ALL APPLICABLE LAWS IN YOUR LOCATION AND WHETHER YOU MAY USE THE SERVICES.
COMPLIANCE WITH LAWS
You acknowledge and agree that your use of the Apps and Services are subject at all times to compliance with all applicable federal, state and local laws and regulations, including those laws and regulations governing gambling activity and contests (collectively, “Applicable Laws”). You are solely responsible for your compliance with all Applicable Laws, and your use of the Apps and Services is at your own risk. We make no representation that your use of the Services complies with Applicable Laws. If your use of the Services violates Applicable Laws, you are in breach of these Terms and are required to indemnify us pursuant to the provisions of the INDEMNIFICATION section below. We are not liable to you or any person or entity associated with you in the event you are restricted or prohibited from accessing or utilizing the Services by Applicable Law.
If you satisfy the eligibility criteria below, and subject to these Terms, you may participate in the Services through our Apps. We invite you to use the Services only for individual, consumer entertainment purposes (“Permitted Purposes”). This invitation is a non-exclusive, revokable, limited license that may be terminated by us at any time subject to these Terms, with or without cause.
To be eligible to create an account, access your account, or participate in any Services, you must (1) be at least 18 years of age or older; (2) be physically located within an enabled state (if in the U.S.) or country when participating in the Services; (3) not be physically located in a jurisdiction where the use of the Services violates Applicable Law (a “Prohibited Jurisdiction” when participating in the Services; (4) be the named account holder of the email address used to open an account with us; and (5) be in compliance with these Terms (collectively, the “Eligibility Requirements”).
We may, in our sole and absolute discretion, suspend or terminate your account with us, at any time, in the event you fail to comply with any of the Eligibility Requirements or for any other violation of the Terms.
PAYMENTS AND WINNINGS
All payments to your account and to users will be made in U.S. dollars.
Fees and Your Responsibilities
You agree to pay all applicable fees related to your use of those Services requiring an entry fee to participate. We may suspend or terminate your account and/or access to the Services if your offered payment method cannot be processed. By providing us with a payment method, you expressly authorize us to charge to the selected payment method (1) those amounts you elect to fund your account, and (2) amounts due for paid features of the Services that you elect to purchase. You are fully responsible and liable for all charges, deposits and withdrawals made under your Account, including any unauthorized charges, deposits or withdrawals. We may change the price of Services at any time, but no price change will affect your past purchases.
Payment Processing & Your Responsibilities
Empire Games Ltd reserves the right to use third party electronic payment processors and/or financial institutions to process payments made by and to you in connection with you use of the Services. To the extent that they do not conflict with the terms of this Agreement, you agree to be bound by the terms and conditions of such third-party electronic payment processors and/or financial institutions.
When you pay for any charges by credit card, you represent to us that you are the authorized user of such credit card. You must promptly notify us of any changes to your credit card account number, its expiration date and/or your billing address, or if your credit card expires or is canceled for any reason. We are not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party (e.g. PayPal) in connection with the Services. Any attempt to defraud us through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment, will result in immediate termination of your account, forfeiture of any Winnings (as defined below) and pursuit of civil litigation and/or criminal prosecution.
By using a payment method from the Services, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize us to charge you for the Services using your provided payment method; and (iii) authorize us to charge you for any paid feature of the Services that you choose to sign up for. We may bill you (a) in advance; (b) at the time of purchase; or (c) shortly after purchase, in our sole discretion. You must pay for all reasonable costs we incur to collect any past due amounts, including without limitation reasonable attorneys’ fees and other legal fees and costs.
If you dispute any amounts charged to you, you must notify us in writing at email@example.com within 120 days of the date of the charge. If you fail to notify us in writing within 120 days of any such charge, we will not be responsible for correcting the error and refunding any amounts to you. If we identify an error, we will have 90 days to correct the error from our receipt of your notice. In the event we are required to collect past due amounts from you, you shall be responsible for all reasonable costs in connection with our collection efforts, including reasonable attorneys’ fees and costs.
We reserve the right to add or remove any payment method offerings at any time without notice to you. We may restrict or block any or all payment methods offered through our Services at our discretion. If we remove a payment method you previously utilized, you may use another payment method offered by us, or we may make payments to you in a method we choose.
Blocked/Banned Accounts & Final Payment
If we block your account and determine any remaining balance will be paid to you, we reserve the right to select the payment method by which we pay out such funds to you. Should you refuse to comply with or fail to respond to requests for information (such as providing a mailing address for a check and/or filling out applicable tax forms required to make such a payment) within 14 days from the date of the request, you agree any monies remaining on your Empire Games Ltd account balance is forfeit to Empire Games Ltd.
Deposits and Entry Fees
In order to participate in those Services that require an entry fee, you must deposit sufficient funds into your Empire Games Ltd account via an available method of payment offered by us, held in the same name used to open your account. You may only link your account to one of each method of payment at a time. For Services requiring a fee to play, we will retain a portion of the amounts paid to participate in any such Service as an administrative expense.
We may, in our sole discretion, provide bonus funds to users of the Services with an active account capable of receiving funds. Bonus funds (i.e. a virtual currency or platform credit) may only be used for participating in Services requiring an entry fee. The bonus funds cannot be withdrawn from your account for real money; however, you may withdraw Winnings earned from using bonus funds to participate in Services requiring an entry fee from your account. You acknowledge and agree that you do not acquire any ownership rights in or to the bonus funds. Any balance of bonus funds does not reflect any stored property of any type, and you agree that bonus funds have no monetary value and do not constitute actual currency or property of any type.
If there are both real money and bonus funds in your account when you enter into a cash match, the Services will use 90% real money, and 10% bonus funds to pay your entry fee. If there are less than 10% bonus funds in the account, the Service will use up to 10% of the remaining amount of bonus funds, and real money for the remainder of the entry fee.
If you win a cash match, your winnings will be paid back to you in the same proportion of real money/bonus funds which were used to enter the match. If you only have bonus money or only have real money on your account at the time of entering a cash match, 100% of that payment method will be used to enter, and paid back in kind upon a win. If you initiate a withdrawal of funds from your account, you will forfeit all bonus funds currently in your account.
You are solely responsible for and must pay any and all federal, state and local taxes as applicable to your location resulting from your activities on the Services. We may send you a tax form required by the U.S. Internal Revenue Service (“IRS”) upon payment to you by Empire Games Ltd. If we send you such tax forms, you will be required to complete and return said tax form to us within 30 days of the date sent to receive any pending withdrawal. Without limiting the foregoing, we may withhold from your existing account balance and/or from future withdrawals any amount required to be withheld by applicable laws, including amounts due in connection with your failure to complete relevant tax documentation, but you remain solely responsible for paying all federal, state and other taxes in accordance with all applicable laws. FAILURE TO TRUTHFULLY COMPLETE AND RETURN THE REQUIRED TAX FORM TO US WILL RESULT IN YOUR FORFEITURE OF ANY AND ALL WINNINGS ON HOLD AT THE END OF THE RELEVANT CALENDAR YEAR.
If required by applicable laws, we may withhold Winnings from your existing account funds and/or future Winnings. You acknowledge and agree that you will not accrue interest on any Winnings held by us regardless of the purpose of the hold. We reiterate that you should always maintain an updated email address with us and protect your various account passwords to receive such important communications from us.
Notwithstanding the foregoing, you are solely and absolutely responsible for ensuring your compliance with all applicable tax laws in your jurisdiction. We cannot and do not make any representation regarding your compliance and we are not responsible for your failure to comply with any such applicable tax laws.
Our employees may use the Services for testing purposes, but may not participate in the Services, deposit funds, or withdraw funds for personal use.
We may alter the Services and/or choose to modify, suspend or discontinue any part of the Services at any time without notice to you. We may also change, update, add or remove provisions (collectively, “Modifications”) of these Terms from time to time. Because you and we both benefit from clarity, we will use our best efforts to inform you of any modifications to these Terms via the Apps and posting Modifications on our website.
If you object to any such Modifications, your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such Modifications indicates you acknowledge and agree to be bound by the Modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of our website or portions of the Apps. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
We make available Apps to access the Services via a mobile device. We do not guarantee that access to your account or the Services will be available at all times and/or in all geographic locations. We are not liable for any loss which may be caused by your inability to access the Services or your account.
To use the Apps, you must have a mobile device that is compatible with the Apps. We do not warrant that the Apps will be compatible with your mobile device. We hereby grant to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Apps for one registered account on a mobile device owned or leased solely by you, for your personal use. For clarity, you may only log into your account to use the Services on one mobile device at a time (for example, while you may have Apps downloaded on both your mobile phone and a tablet, you cannot access your account from both devices simultaneously).
You may not: (i) modify, disassemble, decompile or reverse engineer the Apps, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Apps to any third-party or use the Apps to provide time sharing or similar services for any third-party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Apps, features that prevent or restrict use or copying of any content accessible through the Apps, or features that enforce limitations on use of the Apps; or (v) delete the copyright and other proprietary rights notices on the Apps you acknowledge that we may from time to time issue updated versions of the Apps, and may automatically electronically update the version of the Apps that you are using on your mobile device. You consent to such automatic updating on your mobile device, and agree that these Terms will apply to all such updates. The foregoing license grant is not a sale of the Apps or any copy thereof, and we and our third-party licensors or suppliers retain all right, title, and interest in and to the Apps (and any copy of the Apps). Standard carrier data charges may apply to your use of the Services.
The following additional terms and conditions apply with respect to any App that we provide to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
- You acknowledge that these Terms are between you and us only, and not with Apple, Inc. (“Apple”).
- Your use of our iOS App must comply with Apple’s then-current App Store Terms of Service.
- We, and not Apple, are solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
- You agree that we, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
- You agree that we, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
- 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.
- You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
- The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of our iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
You hereby consent to our use of certain geolocation technology provided by third parties that allow us to identify the city, state and/or country in which you are located in at the time you access or participate in any of the Services which requires a fee to participate and/or offers a cash prize. You may withdraw your consent at any time by contacting our support with your request either in-app or at firstname.lastname@example.org. However, once you have withdrawn your consent, you will no longer be permitted to participate in any of the Services requiring a fee to participate and/or Services providing a cash prize, and possibly any of the remaining Services in general.
When you create an account, you must provide us with a legitimate email address that you control and create a password for your user account. After registration, you can create a username or accept a username given by the Services. The password and username are needed to participate in certain parts of the Services, such as cash matches. As a registered user, you can update your account settings, including your email address. Any updated email address you provide must be controlled by you. Please keep your user account password secret, as you are solely responsible for all activity taken through your account.
You may also provide additional, optional information so that we can provide you a more customized experience when using the Services—but we will leave that decision with you. Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. If approved, you will be sent an e-mail detailing how to complete your registration. For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly or contacting us using the below contact information, and we can make the changes for you. If you forget your password, you may use the relevant App to reset it, and a reset link will be sent to the email address currently on file with us for your account.
Your Account & Third Parties
You, as the holder of your account, are solely responsible for complying with these Terms, and only you are entitled to all benefits accruing thereto. You may not allow any other person to (i) access your account; (ii) access Services through your account; or (iii) accept or use prizes, winnings and other representatives of value (including without limitation digital trophies, virtual currency or virtual goods) (collectively “Winnings”). Neither your account nor Winnings nor any digital assets from the Services are transferable to any other person or account. You must immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of our security or the security of your account. You can notify us through the in-App support chat feature, or at email@example.com.
You are responsible for complying with these Terms when you access the Services, whether directly or through any account that you may setup through or on the Services. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of the Services as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access the Services. Should you believe your password or security for the Services has been breached in any way, you must immediately notify us.
We shall not be responsible for any third-party access to your account. Under no circumstances shall we be liable for any losses incurred by you as a result of misuse of your password by any person or entity or for any unauthorized access to your account or device. All transactions where your username and password have been entered correctly will be regarded as valid, whether or not authorized by you.
You may only set up one account with us. You may not create multiple accounts or transfer or sell an account to a third party. Such conduct may result in the banning of your account(s) and/or device(s) from our Services. You are not allowed to use a virtual private network (“VPN”), proxy or any other means to obscure the true source of traffic when using the Services. Such actions may result in the immediate termination of all such accounts without notice to you.
If your account is inactive (i.e., you have not participated in at least one for-pay Service) for six consecutive months or more, we reserve the right to charge a maintenance fee of $2.00 per month (the “Monthly Maintenance Fee”). After five or more months of inactivity, we will notify you by email (the email associated with your account) that if your account remains inactive for one more month, the Monthly Maintenance Fee will be deducted from your account each consecutive month after that that it remains inactive, first from real money, then bonus funds. In the event that you login to your account and play a free match, cash match, or enter a tournament during the period during which the Maintenance Fee is levied, we will cease to levy the Maintenance Fee, but shall not be obligated to return to you any monies already deducted from your account at such time.
The Monthly Maintenance Fee will not be deducted from your account if there are no funds in your account. However, if your account has no funds and has been inactive for twelve or more consecutive months, we reserve the right to close your account, in addition to other rights we reserve to close your account, as described herein.
In the case of suspected or fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any charge-back or other reversal of a payment, dispute or fraud relating to ACH/e-checks, or cheating), we expressly reserve the right to suspend a user’s account, reverse any pay-out made and recover any winnings. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or otherwise unlawful activity, and may employ collection services to recover payments. However, under no circumstances shall we be liable for any unauthorized use of credit cards or other payment methods, irrespective of whether or not the credit cards or other payment methods were reported stolen.
Your account may be suspended and/or deleted without notice or warning if we believe that you have violated any of these Terms. Such a determination is in our sole and absolute discretion. We reserve the right to suspend or delete without notice any account which has been inactive for a consecutive period of 180 days. Any Winnings will be forfeited to us at that time.
By registering your account with an email address, you authorize Empire Games Ltd to send you important announcements, relevant promotions, and other communications relating to the Service, as well as such communications from our affiliate companies for their services. You have the opportunity to opt out of these communications at any time. If you decide to opt out, we can still send you non-promotional communications, such as responses to emails you send us or in connection with purchases or disputes.
To be clear, we authorize your use of the Services only for Permitted Purposes, as outlined above in the Eligibility section. Any other use beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the Services.
Unauthorized use of the Services may result in violation of various United States and international laws. Unless you have written permission from an authorized representative of us stating otherwise, you are not authorized to use the Services in any of the following ways (this list is not exhaustive):
- For any public or commercial purpose, which includes use of the Services on another site or through a networked computer environment;
- In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Services;
- In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
- Spoof or otherwise falsify your device location data;
- To stalk, harass, or harm another individual;
- To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- To collude with another player;
- In a manner that disrupts or impedes a third party’s use and enjoyment of the Services;
- To interfere with or disrupt the Services or servers or networks connected to the Services;
- To use unauthorized or altered software or hardware to assist play (e.g., bots, bot nets, and collusion with bots);
- To use any data mining, robots, or similar data gathering or extraction methods in connection with our Services;
- To distribute viruses or other harmful or malicious computer code via or into the Services;
- Attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means;
- Share your personal information (or the personal information of others) with other users;
- Impersonate other users;
- Impersonate another person or use any other method to deceive or “scam” another user into providing passwords or other sensitive account information;
- use obscene or profane language or images, or attempt to use characters, such as asterisks, to disguise obscene or profane language or images; or
- Engage in behavior or activity in connection with your use of the Services that we, in our sole discretion, may determine is fraudulent, abusive, or constitutes cheating.
We reserve the right to suspend and/or terminate your account and access to the Services if you engage in any of these activities or other activities that we, in our sole discretion, deem to be unauthorized use(s).
Cheating, Fraud, and Abuse
In accessing or participating in Services, you represent and warrant to us that you will not engage in any activity that interrupts or attempts to interrupt the operation of the Services. Anyone who engages in, participates in or displays behavior that may be interpreted, in our sole discretion, as unfair methods in participating in Services, including but not limited to, the opening and/or use of multiple accounts on the Services, the use of unauthorized or altered software or hardware to assist play (e.g., bots, bot nets, and collusion with bots), intentionally poor play in certain games to achieve competitive advantage, collusion with other players (e.g. intentionally losing matches and/or rematches in cash games or tournaments against said players), deliberate transfer of money between accounts (e.g., “money laundering”), deliberate “dumping” of bonus money into real money between self-owned or colluding accounts, exploiting the referral bonus awards by means not previously approved in writing by us, harassment of other participants, posting objectionable material, breach of these Terms, breach of security of your account, or any other act (whether through the use of automated technology or otherwise) that unfairly alters your chance of winning or constitutes the commission of fraud (collectively, “Abuse”), you will be subject to immediate sanctions (as determined solely by us), which may include, without limitation: (1) immediate termination of your account(s) and blocking of your access to the Services; (2) any Winnings that you may otherwise have been entitled to receive shall be void and forfeited; and (3) any Winnings received by you shall be subject to disgorgement and/or recoupment. Should you refuse to cooperate in an investigation by us into the matter of such Abuse related to your account(s), including but not limited to requesting proof of identification to determine ownership and control of your account may result in the forfeiture of any Winnings on your account(s) as determined solely by us.
In addition to the foregoing, we reserve the right to disclose or report any money laundering similar illegal activity to law enforcement and regulatory authorities.
If charges were made without your consent, please contact Empire Games Ltd support in order to resolve the issue and safeguard the account from future unauthorized activity.
In order to protect our users from additional unknown charges, accounts associated with chargebacks or disputes filed with a payment processor may be restricted while disputes are reviewed, and may remain so thereafter at our sole discretion. We reserve the right to charge a service fee against your account balance in the amount of up to $25 (per dispute) if you file a dispute(s) with a payment processor and we win said dispute(s). If there are not enough funds in your account balance to cover this fee, we will apply it up to the available balance on your account. We will not charge your payment methods for this fee. If you have a remaining balance after the application of this fee (per dispute), we will refund your remaining balance in a manner of our choosing within a reasonable timeframe after the resolution of the dispute(s).
You will, at your own cost and expense, indemnify and hold us and our directors, officers, employees and agents harmless from and against any and all claims, disputes, liabilities, judgments, settlements, actions, debts or rights of action, losses of whatever kind, and all costs and fees, including reasonable legal and attorneys’ fees, arising out of or relating to (i) your breach of these Terms; (ii) any use of your account, the Services by any person including yourself; (iii) your violation of applicable laws; and/or (iv) your negligence or misconduct; and, if we instruct you in writing, you will, at your cost and expense, defend us from any of the foregoing using counsel reasonably acceptable to us. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
“Empire Games”, “Empire Bingo” and all associated App names and other intellectual property associated with the Services are our exclusive property. Unless otherwise specified in these Terms, all Materials, including the arrangement of them on the Services are our sole property. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
USER GENERATED CONTENT
“User Content” means all the data that you upload, transmit, create, or generate on or through the Services. This includes things like your profile picture, your in-app text or chats, your username, and other content authored or designed by you submit to us directly or through the Services.
If you post, publish, transmit, or upload User Content on the Services, you agree that it will:
- be accurate;
- not be confidential;
- not be in violation of law;
- not be in violation of contractual restrictions or other parties’ rights, and that you have permission to use the User Content from any other party whose personal or other information or intellectual property is contained within the User Content;
- be free of viruses, adware, spyware, worms, or other malicious code;
You may not upload to, distribute, or otherwise publish any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
You are responsible and liable for any User Content you place on or through the Services, including the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music or other information or material. You may only upload your own User Content to the Services; do not upload anyone else’s User Content.
We do not control Content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using our Services, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services.
To the extent the Services permit other users to access and use your User Content, you also grant all other users of the Services the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your User Content on or through the Services without further notice, attribution or compensation to you.
When you post, publish, or transmit your observations and comments on the Services, such as in forums, blogs, and chat features, we cannot guarantee that other players will not use the ideas and information that you share. If you have an idea or information that you would like to keep confidential and/or don’t want others to use, don’t post it. WE ARE NOT RESPONSIBLE FOR ANY OTHER PERSON’S USE OR APPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST, PUBLISH, OR TRANSMIT IN ANY FORUMS, BLOGS, OR CHAT ROOMS.
We have the right to remove any of your User Content if we decide in our sole discretion it does not comply with these Terms, or that it may bring us or our Services into disrepute.
We have no obligation to monitor, approve, verify, or prescreen any User Content that you and other users may contribute to or through the Services. We reserve the right (but has no obligation) to remove, block, edit, move or disable User Content for any reason in our sole discretion. To the maximum extent permitted by applicable law, we do not assume any responsibility or liability for your User Content or that of other users, or for any failure to monitor, edit, or remove User Content. You agree that you shall not hold us liable for any loss or damage arising from the contents of any User Content (yours or another user’s) including without limitation in respect of any defamation, harassment, or false endorsement claims.
EMPIRE GAMES LTD DOES NOT ENDORSE OR GUARANTEE THE ACCURACY, EFFICACY OR VERACITY OF ANY USER CONTENT.
Some Services may permit you to share certain information about yourself with the public, including people who may not be registered users of the Services, and the public may access and use that information and associate it with you. You acknowledge and confirm that you have no expectation of privacy when using such Service features, including without limitation, uploading or submitting User Content; comparing your statistics, personal bests and leaderboards against other users; searching for other users by username; or, if available within the Services, discovering events that other users have signed up for, and linking to social media accounts that publicly display user information.
We also have the right to disclose your identity to any third party who is claiming that any of your User Content constitutes a breach of their intellectual property rights or their right to privacy. We will also disclose your User Content to other third parties or government bodies where we are legally required to do so.
If you request deletion of your User Content, we will take reasonable steps to remove your User Content from active use, which may include suppression of your User Content in our systems. However, User Content may persist in our systems, including in back-up copies. We may also retain copies of User Content if we reasonably believe it is legally required.
INTELLECTUAL PROPERTY INFRINGEMENT
We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we reserve the right, in our sole discretion, to remove user submissions that violate intellectual property rights of others, suspending access to the Services (or any portion thereof) by any user who uses the Services in violation of someone’s intellectual property rights, and/or terminating the account of any user who uses the Services in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the Services, please provide written notice to our agent for notice of claims of infringement:
DMCA Agent (the “Agent”):
Empire Games Ltd
Address:[86-90 Paul Street, EC2A 4NE, London, UK]
To be sure the matter is handled immediately, your written notice must:
- Contain your physical or electronic signature;
- Identify the copyrighted work or other intellectual property alleged to have been infringed;
- Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
- Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
- Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
- Contain a statement that the information in the written notice is accurate; and
- Contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
We reserve the right, in our sole discretion, to terminate the account or access of any user of the Services who is the subject of repeated DMCA or other infringement notifications.
DISCLAIMER OF WARRANTIES
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO OUR APPS AND SERVICES, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR PARTICIPATING IN ANY COMPETITION OFFERED OR USE OF SERVICES, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH US HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE APPS ARE FREE OF PROBLEMS. Without limiting the generality of the foregoing, we make no warranty that our Apps, Services, your account or any services provided to through the Services will be uninterrupted, timely, secure, virus free or error free or that defects will be corrected. We make no warranty as to the results that may be obtained from the use of our Apps, Services or as to the accuracy or reliability of any information obtained through the Services. No advice or information, whether oral or written, obtained by you through the Services or from us or our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.
WE MAKE NO REPRESENTATIONS AND WARRANTIES (EXPRESS OR IMPLIED) THAT YOUR USE OF ANY OF THE SERVICES PROVIDED IS LAWFUL. IT IS YOUR RESPONSIBILITY TO ENSURE COMPLIANCE WITH ALL APPLICABLE LAWS IN YOUR JURISDICTION, INCLUDING BUT NOT LIMITED TO GAMING LAWS AND TAX LAWS.
LIMITATION OF LIABILITY
WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.
LOCAL LAWS; EXPORT CONTROL
We control and operate the Services from our headquarters in the United Kingdom and the entirety of the Services may not be appropriate or available for use in locations other than as set forth herein. When you use the Services, you are solely responsible for following applicable local laws.
Any submissions by you to us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and we are free to use without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER
Please Read This Provision Carefully. It Affects your Legal Rights.
This provision facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and us (each, a “Dispute”). Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
This provision provides that all disputes between you and us shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorneys’ fees). You may, however, opt-out of this provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). YOU EXPRESSLY AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the Dispute which is first done by emailing us at firstname.lastname@example.org the following information: (1)your name, (2) your address, (3) A written description of your Claim, and (4) A description of the specific relief you seek. If we do not resolve the Dispute within 45 days after receiving your notification, then you may pursue your Dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, your or we may choose to pursue a Dispute in court and not by arbitration if: (a) the dispute qualifies for initiation in small claims court.; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt-out of this provision by emailing us at email@example.com the following information: (1) your name; (2) your address; (3) A clear statement that you do not wish to resolve disputes with us through arbitration. Either way, we will not take any decision you make personally. In fact, we promise that your decision to opt-out of this Arbitration provision will have no adverse effect on your relationship with us. But we do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must then pursue your dispute in arbitration or small claims court.
If this provision applies and the dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or we may initiate arbitration proceedings. The London Court for International Arbitration will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this provision. The arbitration shall be conducted pursuant to the LCIA Arbitration Rules.
The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration
You expressly agree that any legal action against us related to our Services may only be initiated only in the United Kingdom. The place of arbitration shall be in the United Kingdom, although the parties may agree to conduct arbitration proceedings remotely to the maximum extent possible.
You agree that the arbitration shall be conducted in English, and the English version of these Terms (and not any translation) shall control.
Class Action Waiver
Except as otherwise provided in this provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and we specifically agree to do so in writing following initiation of the arbitration. Neither you, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding (whether in a judicial proceeding, arbitration, or other process)without having complied with the opt-out requirements above.
You understand and agree that by accepting this provision in these Terms, you and we are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this provision, you and we might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
If any clause within this provision is found to be illegal or unenforceable, that clause will be severed from this provision whose remainder will be given full force and effect.
This provision shall survive the termination of your account with us or our affiliates and your discontinued use of the Services. Notwithstanding any provision in these Terms to the contrary, we agree that if we make any change to this provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the present language in this provision if a dispute between us arises.
Certain violations of these Terms, as determined by us in our sole discretion, may require immediate resetting of your user name, avatar, or termination of your access to the Services without prior notice to you. These Terms are governed by the laws of the United Kingdom. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or the Services will be heard in the courts located in the United Kingdom. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforced any of these Terms, we are not waiving our rights. These Terms are the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between your and us about the Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms. We may assign these Terms at any time and without notice to you; however, you may not assign these Terms or otherwise transfer or assign any rights to use the Services.
CALIFORNIA CONSUMER NOTICE
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:
The Services are provided by the Company, Empire Games Ltd, 86-90 Paul Street, EC2A 4NE, London, UK. If you have purchased anything from the Services, a description of what you have purchased and relevant pricing information are posted as part of the ordering process for the Services (please consult your individual purchase confirmation e-mail for the charges you incurred). If you have a question or complaint regarding the Services, please contact Customer Service at firstname.lastname@example.org. You may also contact us by writing the Company, email@example.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at
Empire Games Ltd
86-90 Paul Street, EC2A 4NE, London, United Kingdom