Last Modified: September 8, 2014
Vainglory™ (the “Game”) is a free-to-play, session-based, multiplayer online battle arena game developed and operated by Super Evil MegaCorp (“Super Evil”). For purposes of this Agreement (defined below), “you” and “your” mean the user of the platform on which the Game will be or has been installed.
The Site and the Game are available for use only by authorized end users in accordance with the terms and conditions set forth in this Agreement. In addition to this Agreement. The Site, and the Game (collectively, the “Properties”) are provided for your individual, non-commercial, entertainment purposes only. Except as may be expressly permitted by Super Evil, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Properties.
In using the Site, and/or by clicking “accept” when you install the Software, you acknowledge that you have read, understand and agree with the terms of this Agreement. You are wholly responsible for the cost of all internet connection fees, along with all equipment, servicing, or repair costs necessary to allow you access to the Game.
A. General. While some elements of the Site and the Game may be generally accessed by the public, certain aspects of the Site and the Game (e.g. posting in the Forums, as defined below) require you to create an Account by providing Super Evil with certain personal information, specifically, your email address and date of birth. You agree that you will supply accurate and complete information to Super Evil, and that you will update that information promptly after it changes. The information will be used by Super Evil for a variety of internal purposes, including without limitation, to maintain the Account, to ensure that your Account is unique, to deal with security, debugging and technical support issues, and for possible payment-related issues. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, Super Evil reserves the right to terminate this Agreement, your Account, and/or your use of the Game. Please note that in utilizing certain areas of the Site or the Game, you will be requested to provide additional information in order to complete a purchase, such as your name, full address, credit card information or other payment information as appropriate to the selected payment method.
B. Eligibility. Only “natural persons,” as opposed to any kinds of legal entities (e.g., corporations, limited liability companies, and/or partnerships), shall have the privilege of establishing an Account. By entering into this Agreement and creating an Account, you represent that you have the legal capacity to enter into a contract in the jurisdiction where you reside. You agree to comply with this Agreement on behalf of yourself and, at your discretion, any minor children for whom you are the parent or legal guardian and whom you have authorized to play the Game using your Account. You further agree that you are entirely liable for all activities conducted through your Account, and are responsible for ensuring that you and/or your child is aware of, understands, and complies with the terms of this Agreement and any and all other Super Evil rules, policies, notices and/or agreements.
THE SITE AND THE GAME ARE NOT DIRECTED AT CHILDREN UNDER 13 YEARS OF AGE, NOR DOES SUPER EVIL KNOWINGLY COLLECT INFORMATION FROM CHILDREN UNDER 13. IF YOU ARE UNDER 13, PLEASE DO NOT SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO SUPER EVIL.
C. Login Credentials. In creating an Account, you will be required to select a unique username and password (collectively, “Login Credentials”), which you will use each time you access the Game using your Account. You may not share your Account with anyone other than as expressly set forth herein, and you are entirely responsible for maintaining the confidentiality of your Login Credentials and for any and all activities (including purchases and charges, as applicable) that are conducted through your Account. Please notify Super Evil immediately if you become aware of any breach of security, including any loss, theft or unauthorized disclosure of your Login Credentials.
D. Account Sales. The Account supplied to you is personal to you, and Super Evil does not recognize and expressly forbids the transfer of user Accounts. You shall not purchase, sell, gift or trade any Account, or make any such offer, and any attempt shall be null and void. Any distribution by you of your Account and/or your Login Credentials (except as expressly provided herein or otherwise explicitly approved of by Super Evil) may result in suspension or termination of your Account.
1. By Super Evil. SUPER EVIL RESERVES THE RIGHT TO SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCOUNT AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU, AND WITH NO LIABILITY OF ANY KIND TO YOU. Additionally, Super Evil may stop offering and/or supporting the Game at any time. For purposes of explanation and not limitation, most Account suspensions, terminations and/or deletions are the result of violation of this Agreement. Accounts terminated by Super Evil shall not be reinstated under any conditions whatsoever.
2. By You. You may terminate your Account at any time, for any reason or no reason, by contacting Super Evil at email@example.com.
A. Intellectual Property. All rights and title in and to the Properties, and all content included therein (including, without limitation, user Accounts, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, and methods of operation) are owned by Super Evil or its licensors. The Properties, and all content therein are protected by United States and other international intellectual property laws. Super Evil and its licensors reserve all rights in connection with the Properties, including, without limitation, the exclusive right to create derivative works therefrom. You agree that you will not create any work of authorship based on the Properties except as expressly permitted by Super Evil. Additionally, except as otherwise set forth in this Section IV.A, Super Evil does not authorize you to make any use whatsoever of any Super Evil trademarks, service marks, trade names, logos, domain names, taglines, and/or trade dress (collectively, the "Super Evil Marks") under any circumstances without a written license agreement. Any reproduction, redistribution, or modification of the Properties, or use of the Properties not in accordance with the this Agreement, is expressly prohibited by law and may result in severe civil and criminal penalties.
B. Game Assets, Virtual Items. When using the Game, you may accumulate in-Game assets associated with your Account, including, without limitation, objects, artifacts, currency, items, equipment, and/or other value or status indicators (“Game Assets”) that reside on servers operated by Super Evil as data. You acknowledge and agree that such Game Assets are accumulated as part of your Account and therefore you shall have no ownership or other property interest in any of those Game Assets. You further acknowledge and agree that Super Evil has the right, but not the obligation, to delete, alter, move, remove, or transfer any and all Game Assets, in whole or in part, at any time and for any reason, with or without notice to you, and with no liability of any kind to you. Super Evil does not provide or guarantee, and expressly disclaims any value, cash or otherwise, attributed to any data residing on servers operated by Super Evil, including without limitation the Game Assets associated with your Account.
C. Unsolicited Idea Submissions. Super Evil values your feedback on its services and products, but please do not submit any creative ideas, suggestions or materials. Neither Super Evil nor any of its employees and/or contractors accept or consider unsolicited ideas, original creative artwork or other works, including, without limitation, ideas or suggestions for new or improved games or technologies, game or product enhancements, marketing plans or names for new games (collectively “Unsolicited Ideas”). Please do not send your Unsolicited Ideas to Super Evil or its employees and/or contractors. This policy is aimed at avoiding potential misunderstandings or disputes when Super Evil’ products or services might seem similar to Unsolicited Ideas that are submitted. If you do submit your Unsolicited Ideas to Super Evil or to any of its employees and/or contractors despite this policy, then you hereby acknowledge and agree that, from the time of transmission or dispatch, you grant Super Evil and its designees a worldwide, perpetual, irrevocable, sublicenseable, transferable, assignable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your Unsolicited Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Unsolicited Ideas to others, without any compensation to you. To the extent necessary, you agree that you undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Unsolicited Ideas granted to Super Evil as specified above are valid, effective and enforceable. You also give up any claim that any use by Super Evil and/or its licensees of your Unsolicited Ideas violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set for therein.
While using any of the Properties, you agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain additional rules that govern your use of the Properties (the "Code of Conduct"). The Code of Conduct is not meant to be exhaustive, and Super Evil reserves the right to modify this Code of Conduct at any time, as well as take appropriate disciplinary measures including Account termination and deletion to protect the integrity and spirit of the Properties, regardless of whether a specific behavior is listed here as prohibited. The following are examples of behavior that warrant disciplinary measures:
A. Impersonating any person, business, or entity, including an employee of Super Evil, or communicating in any way that makes it appear that the communication originates from Super Evil;
B. Posting identifying information about yourself, or any other user, to the Site or within the Game;
C. Harassing, stalking, or threatening any other users in the Game;
D. Removing, altering or concealing any copyright, trademark, patent or other proprietary rights notices of Super Evil contained in the Site, the Game and/or the Software. You also may not transmit content that violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, personal rights or other proprietary or non-proprietary rights;
E. Transmitting or communicating any content which, in the sole and exclusive discretion of Super Evil, is deemed offensive, including, but not limited to, language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
F. Transmitting or facilitating the transmission of any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information;
G. Spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
H. Participating in any action which, in the sole and exclusive judgment of Super Evil, "exploits" an undocumented aspect of the Game in order to secure an unfair advantage over other users;
I. Participating in any action which, in the sole and exclusive judgment of Super Evil, defrauds any other user of the Game, including, but not limited to, by "scamming" or "social engineering;”
J. Using any unauthorized third party programs, including but not limited to "mods," "hacks," "cheats," "scripts," "bots," "trainers," and automation programs, that interact with the Software in any way, for any purpose, including, without limitation, any unauthorized third party programs that intercept, emulate, or redirect any communication between the Software and Super Evil and any unauthorized third party programs that collect information about the Game by reading areas of memory used by the Software to store information;
K. Accessing or attempting to access areas of the Game or Game servers that have not been made available to the public;
L. Selecting a name that is falsely indicative of an association with Super Evil, contains personally identifying information, infringes on the proprietary or non-proprietary rights of third parties, or that is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable. You may not use a misspelling or an alternative spelling to circumvent this restriction on name choices. Super Evil may modify any name which, in the sole and exclusive judgment of Super Evil, violates this provision without further notification to you, and may take further disciplinary measures, including Account termination, for repeated violations; or
A. Ownership. “Content” means any communications, images, sounds, and all the material and information that you upload or transmit through the Site or the Game, or that other users upload or transmit, including, without limitation, any Forum (defined below) postings.
You hereby acknowledge and agree that you remain fully responsible for and are the owner of any and all Content. However, you grant Super Evil from the time of uploading or transmission of the Content through any channel, non-exclusively, all now known or hereafter existing copyrights and all other intellectual property rights to all Content of every kind and nature, in perpetuity (or for the maximum duration of protection afforded by applicable law), throughout the universe and you hereby grant Super Evil as a present non-exclusive license of future rights all such intellectual property rights to the extent owned by you. In the event that any of the Content is not licensable, you hereby grant to Super Evil and its licensors, including, without limitation, its respective successors and assigns, a perpetual, irrevocable, sublicensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify, translate, reformat, transmit, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such Content as well as all modified and derivative works thereof, without compensation to you. To the extent necessary, you agree that you will undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Content granted to Super Evil as specified above are valid, effective and enforceable. You also hereby waive any moral rights you may have in such Content under the laws of any jurisdiction to the maximum extent permitted by the laws of your jurisdiction. You represent, warrant and agree that none of the Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on the part of Super Evil and Super Evil will not be liable for any use or disclosure of any Content. You further acknowledge and agree that you shall not upload or otherwise transmit on or through the Site or the Game any Content that is subject to any third-party rights.
B. Consent to Monitoring. Super Evil does not, and cannot, pre-screen or monitor all Content. However, its representatives may monitor and/or record your communications (including, without limitation, Forum postings and/or Chat) when you are playing the Game or using the Site, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. Super Evil does not assume any responsibility or liability for Content that is generated by users of the Site and/or Game. Super Evil has the right but not the obligation, in its sole discretion, to edit, refuse to post, or remove any Content. Furthermore, Super Evil also reserves the right, at all times and in its sole discretion, to disclose any Content for any reason, including, without limitation (i) to satisfy any applicable law, regulation, legal process or governmental request; (ii) to enforce the terms of this Agreement or any other agreement; (iii) to protect the legal rights and remedies of Super Evil; (iv) where someone’s health or safety may be threatened; or (v) to report a crime or other offensive behavior. Please take care to not provide any personally identifiable information in the Chat or the Forums and to abide by the Code of Conduct, understanding that you do not have an expectation of privacy in the Content you provide in the Chat or Forums, and that members of Super Evil and the Community, outside of those you play directly with or against in the Game, might have access to the information in the Chat or the Forums at any time.
C. Forums. If you have a valid and active Account, you may post communications and other content to the “forums” section of the Site (the “Forums”). You agree to abide by the Code of Conduct, as well as the policy concerning Links (found below) while participating in the Forums. You understand that much of the information included in the Forums is from other players who are not employed by or under the control of Super Evil. You further acknowledge that a large volume of information is available in the Forums and that people participating in such Forums may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or even unlawful. Super Evil neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed in the Forums by you or the other users. The opinions expressed in the Forums reflect solely the opinions of you and/or the other users and may not reflect the opinions of Super Evil. Super Evil is not responsible for any errors or omissions in postings, for hyperlinks embedded in messages or for any results obtained from the use of the information contained in the Forums. Under no circumstances will Super Evil be liable for any loss or damage caused by your reliance on the information in the Forums or your use of the Forums. You should be aware that, when you disclose information about yourself in a Forum, the information is being made publicly available and may be collected and used by other users. When you disclose any information in a Forum, you do so at your own risk. Super Evil reserves the right to, but has no obligation to, monitor the Forums, or any postings or other materials that you or other players transmit or post on the Forums, to alter or remove any such materials, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly or to comply with legal obligations or governmental requests.
B. The Properties. In an effort to improve the Properties, you agree that Super Evil may change, modify, update, suspend, “nerf,” or restrict your access to any features or parts of the Properties, including purchased or unlockable content, and may require that you download and install updates to the Software, at any time without notice or liability to you. You also understand and agree that any such changes or updates to the Properties might change the system specifications necessary to play the Game, and in such a case, you, and not Super Evil, are responsible for purchasing any necessary additional software and/or hardware in order to access and play the Game.
The Site may contain links to websites operated by other parties. Super Evil provides these links to you as a convenience, or other users might be posting these links as user-provided Content. Use of these links and the external websites are at your own risk. The linked sites are not under the control of Super Evil, and Super Evil is not responsible for the content available on the other sites. Such links do not imply endorsement by Super Evil of information or material on any other site, and Super Evil disclaims all liability with regard to your access to and use of such linked websites.
Should you choose to provide a link on the Site or within the Game (e.g., on the Forums or via Chat) to an external website, unless otherwise set forth in a written agreement between you and Super Evil, you acknowledge and agree to the following: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Super Evil’ and/or its licensors’ names and trademarks; (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Super Evil; (iii) when selected by a user, the link must display the external website on full-screen and not within a “frame” on the linking Site; and (iv) Super Evil reserves the right to revoke its consent to the link at any time and in its sole discretion.
Some aspects of the Game may require you to pay a fee, and you agree that you will provide accurate and complete payment information to the third-party payment provider used by Super Evil. You further agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Super Evil may revise the pricing for the Game or any item associated therewith at any time. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. Super Evil may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting in this Agreement or elsewhere on the Site or in the Game. If there is a dispute regarding payment of fees to Super Evil, your Account may be closed without warning or notice at the sole discretion of Super Evil.
YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED SERVICES ARE PAYABLE IN ADVANCE AND NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
X. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT (DMCA) If you are a copyright owner or agent thereof and believe that content posted on the Site by a Super Evil user infringes upon your copyright, please submit notice pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to the Super Evil Copyright Agent with the following information:
A. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
B. A description of the copyrighted work that you claim has been infringed;
C. The URL of the location on the Super Evil Site containing the material that you claim is infringing;
D. Your address, telephone number, and email address;
E. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
F. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Super Evil’s Copyright Agent can be reached by mail at: Super Evil Mega Corp, 400 1st Avenue, San Mateo, CA 94401, ATTN: Copyright Agent; or by email at: firstname.lastname@example.org. Attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed. Please note that these notifications are legal notices, and that Super Evil may provide copies of such notices to the participants in the dispute or to third parties, at its discretion or as required by law.
THE PROPERTIES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SUPER EVIL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE PROPERTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR QUALITY OF ANY CONTENT OR INFORMATION CONTAINED WITHIN THE PROPERTIES. SUPER EVIL DOES NOT WARRANT THAT THE PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROPERTIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PROPERTIES TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PROPERTIES.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the forgoing disclaimer may, in whole or in part, not apply to you.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SUPER EVIL FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS (INCLUDING ATTORNEYS’ FEES) THAT DIRECTLY OR INDIRECTLY ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE PROPERTIES, OR ANY VIOLATION BY YOU OF ANY OF THE PROVISIONS OF THIS AGREEMENT. Super Evil reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Super Evil in asserting any available defenses.
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL Super Evil BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL, OR LOST PROFITS), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE PROPERTIES, EVEN IF Super Evil KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Super Evil BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO Super Evil FOR GAME-RELATED TRANSACTIONS, IF ANY, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Super Evil shall be limited to the fullest extent permitted by applicable law.
You hereby acknowledge and agree that Super Evil would suffer irreparable harm if this Agreement were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that Super Evil shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this Agreement. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this Agreement and consistent with Section XV below, the prevailing party in such action or proceeding shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party as the result of the action or proceeding.
A. Negotiations. Disputes can be expensive and time consuming for both parties. In an effort to accelerate resolution and reduce the cost of any dispute or claim related to this Agreement (“Claim”), you and Super Evil agree to first attempt to informally negotiate any Claim for at least thirty (30) days (except those Claims expressly excluded in Section XV.F below). Super Evil will send its notice to the address it has on file to the extent that you have provided additional contact information to Super Evil (e.g. by participating in a promotion or survey, or contacting a customer services representative). Otherwise, Super Evil will send its notice to the email address associated with your Account. You will send your notice to Super Evil Mega Corp 400 1st Avenue, San Mateo, CA 94401, Attn: Legal Department. Please note that this informal resolution procedure does not suspend any statutory limitation periods applicable to the bringing of a Claim.
B. Binding Arbitration. If the parties fail to resolve a Claim through negotiations, within such thirty (30)-day period, either you or Super Evil may elect to have the Claim (except as otherwise provided in Section XV.F) finally and exclusively resolved by binding arbitration by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA Rules”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”) that are in effect at the time the arbitration is initiated and under the terms set forth in this Agreement. Both the AAA Rules and the AAA Consumer Rules can be found at the AAA website, www.adr.org. In the event of a conflict between the terms set forth in this Section XV.B and either the AAA Rules or the AAA Consumer Rules, the terms in this Section XV.B will control and prevail.
Except as otherwise set forth in Section XV.F, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Super Evil will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (i) you and Super Evil may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision is final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND Super Evil ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
C. Arbitration Fees. If we are initiating arbitration for a Claim, we will pay all costs charged by the AAA Rules for initiating the arbitration. Your share of all other fees and costs of the arbitration, including your share of arbitrator compensation, will be charged pursuant to the AAA Rules, and where appropriate, limited by the AAA Consumer Rules. Where your share of the costs is deemed to be excessive by the arbitrator, Super Evil will pay all arbitration fees and expenses.
D. Location. The arbitration will take place in your hometown area if you so notify Super Evil in your notice of arbitration or within ten (10) days following receipt of Super Evil’ arbitration notice. In the absence of a notice to conduct the arbitration in your hometown area, the arbitration will be conducted in Los Angeles, California, unless the parties agree to video, phone and/or internet connection appearances. Any Claim not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided exclusively by a court of competent jurisdiction in San Mateo, California, United States of America, and you and Super Evil agree to submit to the personal jurisdiction of that court.
E. Limitations. You and Super Evil agree that any arbitration shall be limited to the Claim between Super Evil and you individually. YOU AND Super Evil AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER.
F. Exceptions to Negotiations and Arbitration. You and Super Evil agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claims seeking to enforce or protect, or concerning the validity of, any of your or Super Evil’ intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such courts’ jurisdiction in lieu of arbitration.
G. Governing Law. Except as otherwise provided in this Agreement, this Agreement shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Other laws may apply if you choose to access the Game from outside of the United States. In such an event, those local laws shall affect this Agreement only to the extent necessary in that jurisdiction, and this Agreement shall be interpreted to give maximum effect to the terms and conditions in this Agreement. You are responsible for compliance with all local laws if and to the extent local laws are applicable. The New Zealand Consumer Guarantees Act of 1993 (the “Act”) may apply to the Game if you access the Game from, and are a resident of, New Zealand. Notwithstanding anything to the contrary in this Agreement, if the Act applies then you may have other rights or remedies as set out in the Act which may apply in addition to or instead of those set out in this Agreement.
H. Severability. You and Super Evil agree that if any portion this Section XV is found illegal or unenforceable (except any portion of Section XV.F), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section XV.F is found to be illegal or unenforceable then neither you nor Super Evil will elect to arbitrate any Claim falling within that portion of Section XV.F found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within Los Angeles, State of California, United States of America, and you and Super Evil agree to submit to the personal jurisdiction of that court.
This Agreement (and all subsequent modifications, if any) shall remain effective until terminated. Both you and Super Evil may terminate this Agreement at any time for any reason or for no reason. Termination by Super Evil will be effective upon notice to you, termination or deletion of your Account, or its decision to permanently discontinue offering and/or supporting the Game, which it may do at any time in its sole discretion. You may terminate this Agreement at any time simply by not using the Site or the Game. If, however, you wish to terminate your Account, you must affirmatively do so by notifying Super Evil at email@example.com as stated above. Upon termination of this Agreement, your right to use the Properties shall immediately cease.
A. Assignment. Super Evil may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Super Evil’s prior written consent, and any unauthorized assignment by you shall be null and void.
B. Customer Contact. If you have any questions concerning these terms and conditions, or if you would like to contact Super Evil for any other reason, please contact Super Evil support at firstname.lastname@example.org, or visit the “support” tab on the Site.
C. Entire Agreement. This Agreement represents the complete agreement between you and Super Evil concerning the Site, the Game, and the subject matter of the Agreement, and supersedes any prior or contemporaneous agreements between you and Super Evil.
D. Force Majeure. Super Evil shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Super Evil, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond Super Evil’s control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
E. Location. The Site and the Game are operated by Super Evil in the United States. Those who choose to access the Site and/or the Game from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. The Software is subject to United States export controls.
F. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Super Evil as a result of this Agreement or your use of the Site or the Game.
G. No Waiver. Super Evil’s failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Super Evil of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
H. Notices. Except as otherwise expressly provided herein, all notices given by you or required under this Agreement shall be in writing and addressed to: Super Evil Mega Corp at 400 1st Avenue, San Mateo, CA 94401.
I. Reform and Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. If, however, it is determined that such provision cannot be reformed, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
J. Section Headings. The section headings used herein are for convenience only and shall not affect the interpretation of this Agreement or have any other legal effect.
K. Survival. The provisions of Sections IV, VI.A, IX, XI-XV, and XVII shall survive any termination of this Agreement.
If you have questions or concerns regarding this Statement, you should first contact email@example.com.
Super Evil participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework. Super Evil is committed to subjecting all personal data received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s www.privacyshield.gov/list.
Super Evil is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Super Evil complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Framework, Super Evil is subject to the regulatory enforcement powers of the[U.S. Federal Trade Commission. In certain situations, Super Evil may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the www.privacyshield.gov/welcome, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
A. What Basic Information Does Super Evil Collect?
We typically collect personal information that you provide to us on a voluntary basis, and you may visit areas on the Site without choosing to do so. However, in order to use certain parts of the Site and/or log-on to play the Game, you will be required to create an account by providing us your email address and selecting a unique username and password (an "Account"). For age verification purposes, we also ask for your birthday during the Account creation process. In the course of maintaining your Account, you might also be asked to participate in online surveys about the Game, or in other Game-related promotional contests, participation in which is entirely voluntary. You might also desire to contact our customer support team via the "Support" tab found on the Site. In participating in such promotional activities or in contacting customer support, you might be requested to provide additional information beyond your email address, including your name, full address and phone number. In operating the Site or otherwise offering the Game, we might also request other information from you, including hardware specs, software performance metrics, game experience, and other demographic information that might be associated with your personal information, such as your gender, hobbies, occupation, platform preferences, and other game ownership information.
When you download and use our Services, we automatically collect information on the type of operating system, device you use.
We send you push notifications from time-to-time in [order to update you about any events or promotions that we may be running]. If you no longer wish to receive these types of communications, you may turn them off at the device level. To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information.
We use mobile analytics software to allow us to better understand the functionality of our Mobile Software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile application.
Please note that in utilizing certain areas of the Site (e.g. purchasing merchandise) or the Game (e.g. purchasing in-game currency), you will be requested to provide additional information in order to complete a purchase, such as your name, full address, phone number, internet protocol address (for fraud tracking purposes) and Our shopping cart is hosted by our e-commerce solutions provider. They host our ordering system, and collect your billing information directly from you for the purpose of processing your order. This company does not use this information for any other purpose. Please see Section IV below regarding how third parties working on behalf of Super Evil use your personal information.
In the event that you choose to create an Account and play the Game, we also collect certain information regarding your in-Game performance and/or interactions with other users (e.g., wins / losses, recent heroes played, average number of kills / deaths etc.). These statistics are associated with your in-Game name and are publicly accessible by members of the Super Evil community. In addition, we may share your in-Game statistics with third parties in accordance with the terms and conditions set forth in this Policy. To be clear, no personal information about you, such as your email address, username, IP address, or other sensitive information, will be shared as a part of this process.
B. What Additional Information Does Super Evil Collect?
(1) AUTOMATIC COLLECTION. Our servers automatically recognize visitors' domain names and internet protocol (IP) addresses (the number assigned to computers on the Internet). In addition, your web browser or Game software may transmit to Super Evil certain geographic information or other information regarding your computer, including its capabilities, hardware specs and game data processing. No personal information about you is revealed in this process. The Site may also gather anonymous "traffic data" that does not personally identify you, but that may be helpful for marketing purposes or for improving the services we offer.
C. What Does Super Evil Do With Collected Information?
(2) COMPELLED DISCLOSURES OF PERSONAL INFORMATION. In certain situations, Super Evil may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (a) comply with requirements of the law or comply with legal process served on Super Evil (b) protect and defend the rights or property of Super Evil or the users of the Site or Game, or (c) act under unusual, extraordinary or emergency circumstances to protect the safety of the public or users of the Site or Game.
(3) SALE OF INFORMATION. In order to accommodate changes in our business, we may sell or buy portions of our company or other companies or assets, including the information collected through the Site or otherwise collected in connection with the Game. If Super Evil or substantially all of its assets are acquired, customer information and personal information will be one of the assets transferred to the acquirer. Should such an event occur, we will use reasonable means to notify you, either through email and/or a prominent notice on the Site.
(4) ACCESS TO INFORMATION. At any time you may request access to the information that we have from you, or request that we remove all information about you from our database by contacting us in accordance with Section VII.A below.
D. Notice Concerning Children
PLEASE NOTE: We are a general audience site, and do not direct any of our content specifically at children under 13 years of age. The Site and the Game are not intended for children under the age of 13. We understand and are committed to respecting the sensitive nature of children's privacy online, and as such do not knowingly collect any personal information from any user under age 13. If we learn or have reason to suspect that a Site or Game user is under age 13, we will promptly delete any personal information in that user's Account.
The Site and the Game have security measures in place to help protect against the loss, misuse, and alteration of the information that we obtain from you. We store your personal information on our servers, which are located in secured facilities with restricted access, and protected by protocols and procedures designed to protect the security of such information. In addition, we restrict access to personal information to Super Evil employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Site and the Game. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us through the use of the Game or the Site and we make no assurances about our ability to prevent any such loss or misuse to you or to any third party. You acknowledge and agree that you provide such information and engage in such transmissions at your own risk.
When you enter information, we encrypt the transmission of that information using secure socket layer technology (SSL). If you have any questions about the security of your personal information, you can contact us at firstname.lastname@example.org.
A. Public Forums
The Site includes a section for interactive "forums" in the form of message boards (the "Forums") to which users with an Account and an in-Game name may post. Please remember that any information that is disclosed in the Forums becomes public information in which you relinquish any expectation of privacy. Remember that Super Evil asks that you not disclose any personal information when posting in the Forums, and you should exercise caution when deciding what information to share. We reserve the right, but shall have no obligation, to monitor your use of the Forums. To request removal of your personal information from our community forum, contact us at email@example.com. The profile you create on our site will be publicly accessible unless otherwise indicated. You may change the privacy settings of your profile through your account portal. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
B. Third Party Websites
The Site contains links to other websites. If you choose to visit other websites, we are not responsible for the privacy practices or content of those other websites, and it is your responsibility to review the privacy policies at those websites to confirm that you understand and agree with their policies.
C. Opt-Out Preferences
If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you.
You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails, accessing the email preferences in your account settings page or you can contact us at firstname.lastname@example.org.
D. Social Media Widgets
Our website includes Social Media Features, such as the Facebook Like button, and Widgets, such as the Share this button or interactive mini-programs that run on our website. These Features may collect your Internet protocol address, which page you are visiting on our website, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our website. Your interactions with these Features are governed by the privacy statement of the company providing it.
E. Single Sign-On
You can log in to our site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity, provide you the option to share certain personal information (such as your name and email address) with us, and to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this website to your profile page to share with others within your network.
We may share your personal information with service providers that we engage for the purpose of processing information on our and your behalf, such as to fulfill product orders, collect billing information and process payments. While providing services for us, these companies may access your personal information.
A. Contacting Us
If you have any questions about this Policy, our practices regarding your personal information related to the Site or Game, or if you would like to have us remove your information from our database and deactivate your Account, please feel contact us at email@example.com. Upon request Super Evil will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. If your personally identifiable information changes, or if you no longer desire our service, you may correct, update or amend it by emailing our Customer Support at firstname.lastname@example.org, or by contacting us by postal mail at the contact information listed below. We will respond to your request to access within 30 days. Please note that the deletion of your data will lead to the termination of your Account and applicable services. However, also note that when you delete your Account, we may retain your Account information for a reasonable period of time afterward for the purpose of internal account management and fraud prevention activities.
B. Updates and Changes
We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
C. Additional Policies
Super Evil: 400 1st Ave, San Mateo, CA, 94401 or by email at email@example.com.
Effective Date: March 24, 2017
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