The Service contains various fora, chat functions, and other interactive features that allow you to post, submit, publish, display or transmit to Next Epic and other users, content or materials on or through the Service, including your ability to post or submit teams' names or titles (collectively, "User Contributions").
By submitting or posting User Contributions (including submitting or posting a team's title or name), you agree to comply with the following:
- You shall not, and shall not permit or cause any other party, to post, upload or submit to the Service any User Contributions, including any content or materials submitted via any interactive features available from within the Service (including submitting or posting a team's title or name), that violates these Terms or that contains or links to Objectionable Content. "Objectionable Content" means content that promotes or links to content that is (i) offensive, harassing, threatening, abusive, inflammatory or racist, (ii) sexually explicit or obscene; (iii) illegal, fraudulent, deceptive, contrary to public policy or that could facilitate the violation of any applicable law, regulation or government policy, (iv) libelous or defamatory, (v) violates the intellectual property, privacy, publicity, moral or any other right of any third party (such as by way of misrepresenting your identity or impersonating a third party), or otherwise injurious to third parties or objectionable, and (vi) software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam".
- You represent and warrant that you own or otherwise control all of the rights to the User Contributions that you post or upload at the time of posting, that the User Contributions are accurate and not fraudulent or deceptive, and that the User Contributions do not violate these Terms or the rights of any third party, and will not cause injury to any person or entity.
- Any User Contribution that you upload or post will be considered non-confidential and non-proprietary, and you grant Next Epic a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Contribution throughout the world in any media.
- You understand that your User Contributions may be copied by other of the Games' users and discussed on and outside of the Service, and if you do not have the right to submit User Contributions for such use, it may subject you to liability. Next Epic takes no responsibility and assumes no liability for any content posted by you or any third party. Next Epic has the right (but not the obligation) to monitor and edit or remove any User Contributions, and has the right to terminate your access to all or part of the Service for any or no reason, including any violation of these Terms.
Breach of any of these rules or of any other prohibitions contained in these Terms may subject you to suspension or termination of your Account and right to use the Service, in whole or in part, including by limiting or revoking your rights to use certain features within the Service, or limiting or restricting your Game experience, in Next Epic' sole discretion, and may subject you to civil or criminal penalties.User Misconduct and Copyright Infringement
We care for your safety. If you believe another user has acted inappropriately (in violation of these Terms or in an otherwise offensive, violent, harassing, or dangerous manner), please report immediately to the appropriate authorities and to us at email@example.com.
We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide the following information in writing to our Copyright Agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the right; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple infringing works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity, and information sufficient to permit us to locate the material; (iv) information so that we can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner. Infringement claims and notices should be sent to the attention of our Copyright Agent at firstname.lastname@example.org.
Please note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We will respond to clear notices under this Section. Please be advised that we will remove or replace User Contributions only in accordance with applicable law and that we enforce a policy that provides for the termination in appropriate circumstances of users who are repeat infringers.
If you believe that your User Contribution was removed by mistake and that you have the right to post it, you may elect to send us a counter-notification. To be effective the counter-notification must be a written communication provided to our Copyright Agent that includes substantially the following: (i) your physical or electronic signature, (ii) Identification of the content that was removed or to which access was disabled, and the location at which it appeared before such removal or disablement, (iii) a statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification, and (iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district to which you otherwise might be subject, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.Suspension and Termination of Use
IN THE EVENT THAT WE SUSPECT THAT YOU HAVE VIOLATED OR MAY VIOLATE ANY OF THESE TERMS, ANY PLATFORM TERMS, OR ANY APPLICABLE LAW, OR THAT YOUR ACCOUNT HAS BEEN USED OR MAY BE USED IN SUCH A WAY, OR AS OTHERWISE DETERMINED BY US IN OUR SOLE DISCRETION, THEN WITHOUT DEROGATING FROM ANY REMEDY WHICH WE OR ANY OTHER PARTY (SUCH AS THE PLATFORM) MAY HAVE IN CONNECTION WITH THE FOREGOING, WE MAY, IN OUR SOLE DISCRETION, IMMEDIATELY (WITHOUT NOTICE) TERMINATE, LIMIT, SUSPEND OR DELETE YOUR ACCOUNT AND YOUR ACCESS TO THE SERVICE, IN WHOLE OR IN PART (INCLUDING BY LIMITING OR REVOKING YOUR RIGHTS OR ACCESS TO CERTAIN, GAMES, GAMES CONTENT OR ANY FEATURE OR FUNCTIONALITY THEREIN). IN SUCH EVENT, YOU WILL FORFEIT ANY CONTINUING RIGHT OR LICENSE TO USE ANY GAMES CONTENT, INCLUDING ANY VIRTUAL ITEM, AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSS OR DAMAGE OF ANY KIND THAT YOU OR ANY OTHER PARTY MAY ALLEGE IN CONNECTION WITH SUCH ACTION. If you have more than one Account, Next Epic may terminate all of your Accounts, including accounts with Next Epic’s affiliated companies.
We reserve the right to terminate an Account that has been inactive for at least 365 consecutive days. You will not receive money or other compensation for Games Content (including Virtual Items) associated with your account when it is closed, deleted, or otherwise terminated, regardless of whether such action was voluntary or involuntary.
Next Epic further reserves the right, at its sole discretion, to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Service (or any part thereof including any feature or functionality available in the Service), at any time and without providing any prior notice.
In the event that Next Epic terminates your Account, you may not use or access the Service again without Next Epic's express permission. Next Epic reserves the right to refuse Accounts for and to provide access to the Service or other services to any individual. You may not allow individuals whose Accounts have been terminated by us to use your Account. If you believe that any action has been taken against your Account in error, please contact us at: email@example.com.Disclaimers of Warranties
YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE TO ENSURE THAT YOUR USE OF THE SERVICE IN THE JURISDICTION WHERE YOU RESIDE IS PERMITTED PURSUANT TO ALL LOCAL LAWS AND REGULATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS". Next Epic, its parent(s), subsidiaries and affiliates, and their respective officers, directors, employees, and agents, disclaim all warranties, express or implied, in connection with the Service and the use thereof, including implied warranties of merchantability, title, quiet enjoyment, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness.
Next Epic makes no warranties or representations about the accuracy or completeness of the content of the Service of the content of any sites linked to the Service and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatever, resulting from your access to and use of the Service; (iii) any unauthorized access to or use of Next Epic' secure servers or any and all personal information or financial information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party; (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service; or (vii) any errors, failures or delays in computer transmissions or network connections on account of your access to or use of the Service.
In case of a malfunction or disruption of the Service that prevents you from completing a game in which you have begun to participate, we may allow users to participate again in a Game until the participation is complete. We reserve the right to determine, in our sole discretion, whether to offer any such remedy in the event of malfunction or disruption. We also reserve the right to limit your Gameplay or terminate your participation in the Service should we determine, in our sole discretion, that you have intentionally caused such a malfunction or disruption. We are not liable for any lost opportunity or other alleged losses from any unfinished Game.Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WHATEVER WILL WE OR OUR PARENT(S), AFFILIATES, SUBSIDIARIES OR PARTNERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS, AND SUPPLIERS, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, LOST REVENUE, INCOME, GOODWILL, USE OF DATA OR OTHER INTANGIBLE LOSSES, IN EACH CASE THAT RESULT FROM OR RELATE IN ANY MANNER TO YOUR USE OF THE SERVICE OR ANY OTHER ACT OR OMISSION BY US.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL NEXT EPIC, ITS PARENT(S), AFFILIATES, SUBSIDIARIES, AND PARTNERS, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS, AND SUPPLIERS, BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID NEXT EPIC IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID THE NEXT EPIC ANY AMOUNTS IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE NEXT EPIC IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL AND BARGAINED-FOR BASES OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN YOUR DECISION BY YOU TO ENTER INTO THESE TERMS.
Depending on where you reside and use the Service, some of the limitations contained in this Section may not be permissible. In such case, they will not apply to you, solely to the extent so prohibited.Indemnity
You agree to indemnify and hold Next Epic, and each of its affiliates, subsidiaries, partners, officers, directors, employees, shareholders, agents, licensors, subcontractors, and suppliers, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with:
Your use or misuse of and access to the Service;
Your violation of any term of these Terms;
Your breach of the representations, warranties, and covenants made herein;
Your violation of any third-party right, including any copyright, property, or privacy right; and
Any claim that action by you in connection with the Service has caused damage to a third party.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT MAY REQUIRE YOU AND THE NEXT EPIC TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND THE NEXT EPIC CAN SEEK RELIEF FROM EACH OTHER.
By agreeing to these Terms, and to the extent permitted by applicable law, you and Next Epic agree that any and all past, present, and future disputes, claims, or causes of action between you and Next Epic arising out of or relating to these Terms, the Service, the formation of these Terms or any other dispute between you and Next Epic or any of Next Epic' parent(s), subsidiaries, affiliates, licensors, distributors, suppliers or agents (including any application store or platform from which the Service is accessed or downloaded), and whether arising prior to or after your agreement to this Section, (collectively, "Dispute(s)") will be governed by the procedure outlined below. You and Next Epic further agree that any arbitration pursuant to this Section shall not proceed as a class, group, or representative action.
We may offer, from time to time, limited-time promotions, contests, sweepstakes, and special offers or promote any features and programs (including offers, excursions, and special gifts (both digital and tactile)) to all or to certain eligible Users, as we deem fit ("Offers"), and such Offers shall be governed by our promotion rules unless different official rules are provided and published by us for any specific Offer, in addition to these Terms.
We are not required to give, and Users are not required to accept any Offer. Offers are not transferable, redeemable, or exchangeable for other things of value, except at our sole discretion. If you accept an Offer, you may have to sign a declaration of eligibility and liability release or sign other paperwork in order to get the Offer. Some Offers will be subject to taxes and other charges, travel, or activities outside of the virtual world, all of which will be disclosed before you accept the offer. If you accept an Offer, you also assume all liability associated with the Offer. Sometimes, we may request your feedback on certain features through a promotion or otherwise. Any feedback you provide at our request through a promotion or program is subject to the rules of the specific promotion or program.
You hereby agree and acknowledge that the acceptance of any Offer or participation in any promotion constitutes your consent that we use your name, likeness, photograph, voice, opinions, hometown, state, or province for our purposes, in our sole discretion in any media, worldwide, without further payment or consideration.Revisions to these Terms
We reserve the right, at our sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. Users are responsible for viewing these Terms periodically. We will note the date last revised at the top of the Terms and will provide notice of material changes that affect your rights or obligations through in-app communications or via email if you have provided an email address to us as part of your Account information. Your continued use of the Service after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms.General
- Parties' Intent. If any provision hereof is adjudged by any arbitrator or court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein.
- Rules of Construction. These Terms shall be construed as follows: (i) "includes", "including" and cognates thereof shall be understood to mean "includes without limitation" or "including without limitation"; (ii) unless the context demands otherwise, the word "or" shall have the inclusive meaning identified with the phrase "and/or"; (iii) Section and other headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms; and (iv) any reference made in these Terms to a statute or statutory provision shall include any amendments or successors thereto as in effect at the time the particular provision of the Terms is to be given effect, along with any then-applicable rules or regulations promulgated thereunder.
- Waiver. Any failure to enforce any rights granted hereunder or to take action in the event of any breach of these Terms shall not be deemed a waiver by the non-breaching party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. All waivers must be in writing, and any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
- Entire Agreement; Assignment; Novation. These Terms are the entire agreement between you and Next Epic regarding the subject matter herein. You agree that Next Epic may assign or novate these Terms, in whole or in part, in its sole discretion and that you are not entitled to assign or otherwise transfer these Terms, or any of your rights or obligations hereunder, to any third party without the prior written consent of Next Epic. Any unauthorized assignment will be void and of no force or effect.
- Survival. You agree that the provisions of the following Sections shall survive termination of these Terms or termination of your Account, for any reason whatever: Intellectual Property and Our License to You; User Feedback and Your License to Us; Disclaimers of Warranties; Limitation of Liability; Indemnity; Governing Law; Dispute Resolution and Agreement to Arbitrate on an Individual Basis; and General.
- Governing language. The original and controlling version of these Terms shall be the English language version. All translations of these Terms into other languages shall be solely for convenience and shall not control the meaning or application of these Terms.
- Country-specific terms. Some countries may have additional or different terms for Users located in that country ("Country-Specific Terms"). If you are located in a country that has Country-Specific Terms that differ from these Terms, the Country-Specific Terms will govern solely to the extent of any such difference
- Information, Support, or Questions. For information, support or questions, please contact us at firstname.lastname@example.org
- In order to delete the user account and associated data please contact us at email@example.com