YOU SHOULD CAREFULLY READ THIS AGREEMENT BEFORE INSTALLING OR USING ANY ELEVENTH HOUR GAMES PRODUCT OR SERVICE AS IT AFFECTS YOUR LEGAL RIGHTS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS, YOU MAY NOT INSTALL, USE, OR OTHERWISE ACCESS ANY ELEVENTH HOUR GAMES PRODUCT OR SERVICE
- Acceptance of Terms.
- Restrictions and Limitations.
- Recording and Streaming Gameplay.
You agree to fully defend and indemnify Eleventh Hour Games, its parent, subsidiaries, licensors, and affiliates against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by Eleventh Hour Games arising out of or from Your use of the Website, Materials, Services, Last Epoch, and/or Member Account, or any specific services or features associated therewith, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct or consequential.
- Posting Policy.
The following provisions (“Posting Policy”) apply to any comments You post or any statements You make in any manner on the Website (which includes for the avoidance of doubt any associated forums) or any messages You send to other users of the Materials and Services (including as part of the Last Epoch gameplay) by any manner whether facilitated or otherwise allowable by the Materials and Services (“Posts”): (i) all Posts must represent Your genuine opinion of the matter in question; (ii) personal abuse, foul language, inappropriate subject matter, obscene, harassing, threatening, hateful, or discriminatory or defamatory remarks of any nature, as may be determined by Eleventh Hour Games in its sole discretion, or Posts otherwise in contravention of any law or court order, are not permitted;(iii) Posts advertising or promoting any person or entity or their goods or services without the prior written approval of Eleventh Hour Games are not permitted; (iv) You grant Eleventh Hour Games a perpetual, non-revocable royalty-free licence to: (a) make use of any Posts as Eleventh Hour Games deems appropriate in relation to any of the Website, Materials and Services or the promotion of the same; and (b) sub-licence third parties, on such terms as Eleventh Hour Games deems appropriate, to make use of any Posts as Eleventh Hour Games deems appropriate in relation to any of the Website, Materials and Services or the promotion of the same.Eleventh Hour Games reserves the right without notice, explanation or liability to: (i) restrict or remove Your ability to make Posts; (ii) disallow the posting of any specific Posts; (iii) edit any specific Posts; and (iv) completely remove any Posts from the Website or anywhere else related to the Materials and Services (including as part of the Last Epoch gameplay) where they appear or are stored.
While Eleventh Hour Games has endeavored to take all reasonable and appropriate care in the preparation of the content of the Website, Materials, and Services and has no reason to believe that any information contained in any of the Website, Materials, or Services is inaccurate, Eleventh Hour Games does not warrant the accuracy, adequacy, or completeness of any information contained in any of the Website, Materials, or Services and that such information is error free. To the greatest extent permitted by law Eleventh Hour Games does not accept liability for any loss or damage which may result either directly or indirectly from reliance by You upon the accuracy or currency of information contained in any of the Website, Materials, or Services, including without limitation where such loss or damage is a result of or contributed to by the negligence of Eleventh Hour Games.
- Linked Websites.
- Account Creation.
Any username You choose in relation to Your Member Account or as applicable any other identifier You choose for use in relation to Your access or use of the Website, Materials and Services, may be viewable by other users of any of the Website, Materials and Services as applicable and You warrant that any such username or other identifier will not:(a) infringe the rights of whatever nature of any third party including without limitation copyright, registered and unregistered trade mark rights, rights of personality, privacy, confidentiality and any other intellectual property rights; and(b) contain foul language, inappropriate subject matter, obscene, harassing, threatening, hateful, or discriminatory or defamatory remarks of any nature as may be determined by Eleventh Hour Games in its sole discretion or otherwise be in contravention of any law or court order.
- Confidentiality of Passwords.
You must keep all password and login information associated with Your Member Account confidential and not disclose such information to any third party or allow a third party access to Your Member Account without first obtaining Eleventh Hour Games’ prior written consent. You will be solely responsible for all activities undertaken and/or costs incurred under the use of Your password and login. You must notify Eleventh Hour Games immediately if You know or suspect that Your Member Account has been accessed by a third party or Your login or password details have been, or may have been, obtained by a third party.
- Member Account Cancellation.
- Cosmetic Points and Virtual Items.
- Cosmetic Points Cost and Payment.
- Cosmetic Points Cancellation.
Eleventh Hour Games reserves the right at any time without notice to cancel any Cosmetic Points previously acquired by You, as Eleventh Hour Games at its sole discretion deems appropriate. In addition, in the event of the cancellation of Your Member Account any unused Cosmetic Points You currently hold will automatically be deemed to also be cancelled. To the greatest extent permitted by law Eleventh Hour Games will have no further liability to You with regard to any cancelled Cosmetic Points including with respect to any obligation to refund to You the purchase price paid for such Cosmetic Points.
- Collecting Information.
Whenever You access or make use of any of the Website, Materials, or Services, Eleventh Hour Games may, as applicable, collect the following types of information from You: (a) the IP address or other unique identifiers of Your machine when connected to the internet and the domain name from which You are accessing the internet; (b) the operating system and the browser Your computer uses and any search engine You are using; (c) the date and time You are visiting; (d) the URLs of the Website pages You visit; (e) information relating to the actions You undertake within Last Epoch; (f) any Posts; and (g) any telemetry details (such as speed of Your connection and how well Last Epoch gameplay is running) associated with Your access and use of Last Epoch, as well as any other information You may explicitly provide Eleventh Hour Games in the course of accessing or making use of any of the Website, Materials or Services.
- Further Collection.
Where possible, information will be obtained directly from You. However, You acknowledge that by accessing or making use of any of the Website, Materials, or Services information may also be collected from You as a result of the workings of the Website, Materials, or Services as applicable and the attached systems and software including without limitation in the case of the uploading of a ‘crash report’ to Eleventh Hour Games in the event that a software crash in relation to Last Epoch occurs. The type of information uploaded to Eleventh Hour Games as part of a ‘crash report’ will include a reference to Your member account, a portion of the memory state of the Last Epoch game You were playing when the crash occurred and the game settings You were using, but not any other information from Your computer or its memory.
- Use of Information.
Eleventh Hour Games uses the information provided by You or generated by Your accessing or making use of any of the Website, Materials, or Services to provide the services Eleventh Hour Games provides to You in relation to any of the Website, Materials, or Services. Eleventh Hour Games also uses information collected from You to assess the performance of the Website, Materials, and Services and to ensure that the Website, Materials, and Services serve Your needs in the most efficient manner possible.
- Data Transmission.
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. while Eleventh Hour Games strives to protect such information, we do not warrant and cannot ensure complete security of any information which You transmit to us. Accordingly, any information which You transmit to us is transmitted at Your own risk. Nevertheless, once we receive Your transmission, we will take all reasonable steps to preserve the security of such information.
- Disclosing Information.
- Combining Information.
Eleventh Hour Games may combine any information which it collects from You or otherwise obtains, with information collected or otherwise obtained by its related companies.
- Age Restrictions.
Last Epoch, the Website, Materials, and Services are not directed to children under the age of thirteen (13). If You learn that a minor has provided Eleventh Hour Games with personal information without parental consent, please contact us immediately.
- Collecting Information.
- Lost Data.
In the event that any information or data (including without limitation in respect of in-game characters, achievements, Virtual Items, Cosmetic Points, or general Last Epoch gameplay) relating to You or Your use of any of the Website, Materials, and/or Services held by Eleventh Hour Games or any third party on behalf of Eleventh Hour Games is lost, corrupted or otherwise no longer reasonably available or accessible as determined by Eleventh Hour Games in its sole discretion, You agree that to the greatest extent permissible at law Eleventh Hour Games will have no liability to You of any nature relating to any such information or data.
You must take Your own precautions to ensure that the process which You employ for accessing or making use of any of the Website, Materials and Services does not expose You to the risk of viruses, malicious computer code or other forms of interference which may damage Your own computer system or any data contained therein. To the greatest extent permitted by law Eleventh Hour Games does not accept responsibility for any interference or damage to Your computer system or any data contained therein which may arise in connection with Your accessing or making use of any of the Website, Materials, and/or Services.
Eleventh Hour Games reserves the right to make support services available in relation to any of the Website, Materials, and Services on such terms and conditions as Eleventh Hour Games at its sole discretion deems appropriate and further reserves the right to alter, suspend, or withdraw such support services as Eleventh Hour Games at its sole discretion deems appropriate.
- Disclaimer of Warranties.
YOUR USE OF THE LAST EPOCH, THE WEBSITE, MATERIALS, AND SERVICES ARE AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, MATERIALS, WEBSITE, AND LAST EPOCH ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, ELEVENTH HOUR GAMES 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. Eleventh Hour Games makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error -free basis, and makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any content or Materials.YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATED OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT ELEVENTH HOUR GAMES DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES. ELEVENTH HOUR GAMES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
- Limitation of Liability.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ELEVENTH HOUR GAMES OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, WEBSITE, MATERIALS, OR CONTENT WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ELEVENTH HOUR GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.IN NO EVENT WILL THE TOTAL LIABILITY OF ELEVENTH HOUR GAMES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE TOTAL FEES PAID BY YOU TO ELEVENTH HOUR GAMES DURING THE SIX (6) MONTHS PRIOR TO YOU MAKING SUCH CLAIM AGAINST ELEVENTH HOUR GAMES. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ELEVENTH HOUR GAMES AND YOU.
- Equitable Remedies.
- Jurisdiction and Governing Law.
- Dispute Resolution.
They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation. However, the arbitrator shall shift such fees and costs to ensure that you do not pay significant forum fees. In addition, You shall not be required to pay any type of fee or cost in arbitration that You would not have had to pay had You been free to file your claim in court. The parties understand that the right to discovery may be more limited in arbitration than in court. However, each side will be permitted discovery sufficient to allow that side a fair opportunity to present or defend their claims. Any arbitration shall be initiated in the State of Delaware, United States of America.
- Entire Agreement.