eRealm’s primary objective in collecting user information is to provide and enhance its Services, and to enable users to enjoy its Services. When you install any of its Services, eRealm may collect and record the information you provide to eRealm, whether through the Services themselves, or through social networks or other third party services (“Account Information”). We may collect information about you directly from you and from third parties, as well as automatically through your use of our Site, Applications or Services.
Information We Collect Automatically. Cookies. Like many websites, eRealm may use “cookies” to collect information. A cookie is a small data file that is transferred to your computer’s hard disk or your mobile device for record-keeping purposes. The Service may send cookies to a computer or a mobile device when a user accesses or views a Service. Information contained in a cookie may be linked to personal information for purposes such as improving the quality of eRealm’s service, tailoring recommendations to interests, and making the Service easier to use. Third party advertisers on the Services may also place or read cookies on your browser. Cookies can be disabled at any time by changing your web browser’s options to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions or functionalities of a Service. eRealm PROVIDES INFORMATION ON DIFFERENT TYPES OF COOKIES.
The information types collected in accordance with a Service may vary depending on the activity, and may include:
- Your name;
- Your social network or third party service user identification number;
- Your mobile device’s unique identifier (UDID);
- Transaction identifiers for purchases;
- Your email address;
- Your profile picture; or
- Any other relevant information included in your application, social network or other online profile. Additionally, eRealm may acquire information from you through:
- Your access and participation in message boards on a Service;
- The contents of your Customer Support requests; or
- Your purchase of a virtual product of any type. Please note that because a third party site manages the purchases of virtual goods offered by the Service, eRealm does not have access to your credit card details or any other billing information.
eRealm may collect information about your use of its Service both in the course of game play and software usage. eRealm may also invite you to share information about yourself, which may include but is not limited to:
- Your age or date of birth;
- Your gender;
- Information about the hardware you may own;
- Your favorite websites, friend information and fan pages; or
- Any other information included in your application, social network or other online profile.
Other information eRealm may collect includes your language, zip code, area code, location, and the time zone where a Service is used, as well as information about your computer, mobile device, software, platform, incident data, Internet Protocol (IP) address, network Media Access Control (MAC) address and connection, browser type, browser language, referring pages, exit pages and URLs, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time of this activity, so that eRealm can better understand customer behavior and improve its products, services, and advertising. The Service may also record game play information such as your game session duration or your high scores. In addition to the information collected as described above, you may choose to share additional information about yourself throughout the Service, such as on message boards and in games. Any actions you perform with other players are considered public, and are solely at your discretion. If non-Personal Information is collected for an activity that also requires personal information, eRealm may combine your non-personal information with your personal information in an attempt to provide you with a better user experience, to improve the value and quality of the Services, and to analyze how its Services are used. eRealm may also receive either non-personal or public information from third parties in connection with market and demographic studies and/or data that eRealm may use to supplement personal information provided directly by you.
Customer Support Correspondence
When you ask for help from our Customer Support team, we may collect and store the contact information you give them (i.e, your name and e-mail address), information about your gameplay or activity on our Services, and your social network or service user identification number (if any). We will also store the communications you have with our Customer Support team and any additional information in those communications in order to provide support and improve the Services.
Use of Your Information
How eRealm Uses Your Information
Access through Social Network Services or Mobile Devices
- the name you have associated with your device;
- your telephone number;
- your country;
- your specific geolocation;
- your mobile contacts;
- information about eRealm and other third-party apps you have on your device.
If you want to remove your contacts stored by us, follow the instructions provided in the game to request that we remove them from our systems. If you need to enter a password to allow us to access your address book, we will not store that password.
Third Party Service Providers
Message Boards and Chat Rooms
Note that certain information you post and communicate through a Service or a third party site or service is public information for which you have no expectation of privacy. You may choose to disclose information about yourself in the course of contributing user generated content to eRealm sites or Services or in its chat rooms, blogs, message boards, user “profiles” for public view, or in similar forums on its sites through mobile services and/or through third party sites or services. Information that you disclose in any of these forums is public information, and there is no expectation of privacy or confidentiality. You should be aware that any personally identifiable information you submit in the course of these public activities can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. Please see eRealm’s Terms of Service or the Application End User License Agreement at Terms of Service (as applicable) on this point, and for other guidelines about posting content through any Service.
Information You Generate Using Our Communication Channels
You may be able to take part in certain activities on our Service that let you communicate or share information not just with eRealm , but also with other eRealm’s players. These include:
- participating in player forums and message boards;
- posting public comments to other players’ profiles or gameboards;
- sending private messages or invitations to other players, either directly on our websites or to their e-mail accounts;
- chatting with other players;
You acknowledge and expressly agree that we may access in real-time, record, remove and/or store archives of these communications, comments, photos and drawings on eRealm’s servers to make use of them to protect the safety and well-being of our players and eRealm’s rights and property in connection with eRealm’s Services; to conduct research; to operate, improve, personalize and optimize our Services and our players’ experiences, including through the use of analytics; and to manage and deliver contextual advertising.
Note that in the ordinary course of Internet activity, certain information may be sent from your browser to third parties such as advertising networks and analytics companies. eRealm has no control over the information sent from your browser to those networks or other third parties and recommends that you ensure that your browser settings prevent the disclosure of information you would not like to share.
Reasons We Share Personal Data
We share your personal data with your consent, or as necessary, to complete any transaction or provide any product you have requested or authorized. When you provide payment data to make a purchase, we will share the payment data with banks and other entities that process payment transactions or provide other financial services, and for fraud prevention and credit risk reduction. In addition, we share personal data among eRealm -controlled affiliates and subsidiaries. We also share personal data with vendors or agents working on our behalf for the purposes described in this statement. For example, companies we have hired to provide customer service support or assist in protecting and securing our systems and services may need access to personal data to provide those functions. In such cases, these companies must abide by our data privacy and security requirements and are not allowed to use personal data they receive from us for any other purpose. We may also disclose personal data as part of a corporate transaction such as a merger or sale of assets. Finally, we will access, transfer, disclose, and preserve personal data, when we have a good faith belief that doing so is necessary to:
- comply with applicable law or respond to a valid legal process, including from law enforcement or other government agencies;
- protect our customers, for example to prevent spam or attempts to defraud users of our products, or to help prevent the loss of life or serious injury of anyone;
- operate and maintain the security of our products, including to prevent or stop an attack on our computer systems or networks.
Please note that some of our products include links to products of third parties whose privacy practices differ from eRealm’s. If you provide personal data to any of those products, your data is governed by their privacy statements.
Disclosure of Your Personal Information
You understand and agree that eRealm may be required to disclose any personal information if required to do so by law, or in the belief that such disclosure is reasonably necessary to avoid liability, to comply with legal process, including, but not limited to a subpoena, statute, search warrant, or court order, or to protect the property and rights of eRealm or a third party, to protect the safety of the public or any person, or to prevent or stop activity eRealm may consider to be, or to pose a risk of being, illegal, unethical or legally actionable. Note that eRealm is not required to question or contest the validity of any search warrant, subpoena or other similar governmental request that it may receive. eRealm may also disclose information about you if it determines that such disclosure is reasonably necessary to enforce the terms and conditions of the Service or to protect its operations or users. We will share your information with third party companies to perform services on our behalf, like processing payments, analyzing data, optimizing game play, e-mail delivery, hosting services, customer service and to help us in our marketing efforts, including managing and delivering contextual and tailored advertisements. We contractually require these third party service providers to maintain the confidentiality of the information we share with them, and we contractually require them not use your information for anything other than to provide services on our behalf. Additionally, eRealm may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. In the event that eRealm undergoes a business transition, like a merger, acquisition by another company, or sale of all or part its assets (like selling a game), we may transfer all of your information, including personal information, to the successor organization in the transition. We will make reasonable efforts to let you and other players know of the business transition before transferring your personal information. In addition, we will share your information (which may include personal information) with third parties or allow third parties to collect this information from our Services in the following circumstances:
Friends and Other Players
The Service supports and often encourages you to interact with other players. If you play through a social network or register through a social network, your social network friends will see your name, profile photo and descriptions of your game activity. Similarly, other players, regardless of whether they are your social network friends or not, will be able to see descriptions of your game activity, communicate with you within our Services, and view your game profile, which may include your name or a “game name” and your profile photo. Other players may also be able to send you game requests or even friend requests.
Third Party Advertising Including Tailored Advertising and Analytics
We do not actively share personal information with third party advertisers for their direct marketing purposes unless you give us your consent. When advertisers or ad networks place ads in our Services, they may collect or we may share the following types of information from within our Services:
- performance data (e.g. number of clicks on an advertisement);
- information about you and other players collectively that is not intended to specifically identify you (like players between the ages of 25 and 30 living in Los Angeles);
- certain technical information (for example, IP addresses);
- your social network ID;
- and other contextual data about your game play (for instance, your level).
The information collected may be used to:
- offer targeted advertising (behavioral advertising), and/or
- undertake web analytics.
How to Access & Control Your Personal Data
You can view, edit, or delete your personal data for eRealm’s games. You can access and control your personal data by writing to support from the game. You can also always contact eRealm by [email protected]. To the extent permitted by applicable data protection laws, the response period to your request may be extended where necessary, taking into account the complexity and number of the requests. In some cases, eRealm may ask you to submit additional information (for example, your first name, last name, your social network ID for the social network from which you access our Services, etc.) in order to identify you as the user of eRealm’s Service and data subject before responding to your requests. We respond to data protection requests we receive in accordance with applicable data protection laws.
Changing or Deleting Your Information
If you want to delete, change or restrict access to your personal information, please contact eRealm and we will attempt to accommodate your request if it is not legally obligated to retain the record. You can request the deletion of your Account Information by dissociating or removing the eRealm application from your social network or third party service account in accordance with the instructions provided by the social network or third party service.
Manage Information We get from a Third-Party Application
Opting Out of Geolocation
If you have previously allowed us to access your geolocation data, you can stop making geolocation available to us by visiting your mobile device’s settings for the relevant application or the “settings” page for the relevant game.
Opting Out of Promotional Emails from eRealm
If you want to stop receiving promotional e-mails from eRealm, click on the “unsubscribe” link in any promotional email from eRealm. Please note that once we receive your request, it may take an additional period of time for your opt-out to become effective.
Opting Out of Other Communications
When you install our apps on your mobile device you can choose to receive push notifications, which are messages an app sends you on your mobile device even when the app is not on. You can turn off notifications by visiting your mobile device’s “settings” page.
Opting Out of Third-Party Tailored Advertising
If you are interested in more information about tailored advertising and your choices to prevent third parties from delivering tailored web and mobile web advertising, you may visit the following websites:
- Network Advertising Initiative Consumer Opt-Out Page or the Digital Advertising Alliance Opt-Out Page for U.S.-based advertising; and
- Your Online Choices UK website for EU-based advertising.
These opt-out tools are provided by third parties, not eRealm. eRealm does not control or operate these tools or the choices that advertisers and others provide through these tools. In addition, if you do not want to receive tailored in-application advertisements from third parties that relate to your interests in apps on your mobile device, you may opt-out by adjusting the ad tracking settings on your device. You can also reset the “Advertising Identifier” (like an IDFA) from your mobile device’s settings page, which will prevent continued use of existing behavioral data tied to the previous “Advertising Identifier.” Further, depending on the platform provider (such as Apple or Google), you may be able to download apps, such as the Digital Advertising Alliance’s “AppChoices” app, that offer to provide you with control regarding the collection and use of cross-app data for tailored advertising. Like the opt-out tools mentioned above for web, these mobile opt-out tools are provided by third parties, not eRealm . eRealm does not control or operate these tools or the choices that advertisers and others provide through these tools. Please note that you may still receive advertisements from third parties within eRealm’s games even if you opt out of tailored advertising but they will not be based on your activity across unrelated web sites or apps.
Opting Out of Cookie Tracking
You can set your web browser to warn you about attempts to place cookies on your computer or limit the type of cookies you allow. Flash cookies operate differently than browser cookies and cookie management tools available in a web browser may not remove flash cookies. To learn more about and manage flash cookies you can visit the Adobe website and make changes at the Global Privacy Settings Panel. If you disable cookies, you may lose some of the features and functionality of our Services because eRealm cookies are necessary to track and enhance your game activities.
The Service may contain links to other websites or applications. The fact that the Service links to a website or application, or presents a banner ad or other type of advertisement does not mean that eRealm endorses or authorizes that third party, nor is it a representation of any affiliation with that third party. If you click on a link to a third-party site or application, including on an advertisement, you will leave the eRealm site you are visiting or application you are running, and will go to the site or application linked to. These third party websites and applications may place their own cookies or other files on your computer or mobile device, and may collect data or solicit personal information from you. Other sites and applications follow different rules regarding the use or disclosure of the personal information you submit to them. Because eRealm cannot control the activities of third parties, it cannot accept responsibility for any use of your personal information by such third parties, and it cannot guarantee that they will adhere to the same privacy and security practices as eRealm. You are therefore encouraged to read the privacy policies or statements of other websites and applications you visit before providing any personal information.
eRealm has made reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, eRealm cannot guarantee that unauthorized third parties will never be able to overcome those measures or use your personal information for improper purposes. Also please note that email and messaging systems are not considered secure, so eRealm discourages you from sending eRealm personal information through these media. Data breaches which may pose a risk to individuals will be notified to the DPA (competent data protection authority) within 72 hours, and to affected individuals without undue delay.
International Operations and Transfers Out of the EEA
Governing Law and Jurisdiction
Terms of Service
PLEASE READ THESE TERMS OF SERVICE VERY CAREFULLY BEFORE USING OUR SERVICES.
PLEASE READ VERY CAREFULLY THE PROVISIONS IN THE SECTIONS TITLED “VIRTUAL ITEMS”, “LIMITATION OF LIABILITY”, “CLASS ACTION WAIVER”, “STATUTE OF LIMITATIONS”, “REMEDY”, “LEGALITY” AND OTHERS BELOW. IT REGULATES AND AFFECTS SOME OF YOUR RIGHTS ABOUT HOW TO USE eRealm SERVICES AND RESOLVE ANY DISPUTE WITH eRealm.
PLEASE BE SURE THAT YOU CLEARLY UNDERSTAND THESE TERMS OF SERVICE.
The Terms of Service (the “Terms”) you are reading are a legal agreement between eRealm OÜ (“eRealm “) and you. In these Terms, “eRealm ” refers to eRealm Limited and its “Affiliates”, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership. We may also refer to eRealm as “we” or “us”. By accessing and using our games, content, activities and services (the “Service”) which are made available via our web site or through our social networking websites, or any mobile versions thereof (the “Site”), you signify that you have read, understand and agree to be bound by these Terms, whether or not you are a registered member of eRealm or any of our games.
Right to Modify
eRealm reserves the right, at its 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. 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. If you do not agree to the Terms, your only remedy is to discontinue your use of the Service, and to cancel any accounts you have created using the Service.
License to Use the Services
Subject to your compliance with these Terms, you may use the Services solely for your own non-commercial entertainment purposes by accessing it through your web browser or other application provided by eRealm or its service providers and partners. You may not use the Services for any other purpose. This license is subject to certain limitations. Any use of the Services in violation of these limitations will be considered a breach of this Agreement, and may result in disciplinary or legal action against you or your account. You agree that you will not: Cheat or use, develop or distribute automation software programs (“bots”), “macro” software programs or any other “cheat utility” software program or applications which are designed to modify the eRealm experience to the detriment of fair play; Disrupt, attempt to, or otherwise assist in the disruption of (i) any computer used to support the Services or (ii) any other player’s experience; Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users’ computers; Exploit the Services or any of its parts for any commercial purpose; Promote or encourage any illegal activity including, without limitation, hacking, cracking or the distribution of counterfeit software, or cheats or hacks for the Services; Reproduce, translate, reverse engineer, modify, disassemble, or decompile, in whole or in part, or create derivative works of the Services, except to the extent permitted by applicable law.
Disclosure and Transfer of Personal Data
Code of Conduct
The Services may provide communication channels such as forums, communities, or chat areas (the “Communication Channels”) designed to enable you to communicate with other Service users. eRealm is under no obligation to monitor these communication channels but may do so, and reserves the right to review materials posted to the Communication Channels, and to remove any materials, at any time without written notice for any reason, at its sole discretion. eRealm may also terminate or suspend your access to any Communication Channels at any time, without written notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by eRealm, and these communications should not be considered reviewed or approved eRealm. You will be solely responsible for your activities within the Communication Channels, and under no circumstances will eRealm be liable for any activity within the Communication Channels.
When you post your observations and comments on the Service such as in forums, communities, blogs or chat areas, eRealm 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 do not want others to use, do not post it. eRealm IS NOT RESPONSIBLE FOR ANY OTHER PERSON’S USE OR APPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, COMMUNITIES, BLOGS OR CHAT AREAS.
eRealm may also, at its discretion, choose to monitor and/or record your interaction with the Service or your communications with eRealm or other players (including without limitation chat text and voice communications) when you are using the Service.
You understand and agree that you may not distribute, sell, transfer or license eRealm’s content and/or application in any manner, in any country, or on any social network, or other medium without the explicit prior written permission of eRealm. You grant eRealm the right to act as an agent on your behalf as the Service’s operator. If any of the Services require you to open an account directly with us, you must complete the registration process by providing current, complete and accurate information (including, if required, your email address) as prompted by the applicable registration form. You are responsible for maintaining the confidentiality of your account information (including usernames and passwords) and are responsible for any and all activities that occur under your account. You must notify us immediately of any unauthorized use or the theft of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. You are responsible for the activities occurring under your account, and you will be liable for any losses or damages incurred by eRealm or another party due to someone else using your account. You may not use anyone else’s account at any time. Your account is personal to you and you may not transfer or make available your account to others. Any distribution by you of your account or related information may result in the cancellation of your account without refund.
ALL PURCHASES AND PAYMENTS OF ALL KINDS IN THE SERVICE ARE STRICTLY VOLUNTARY AND NON-BINDING.
The Service does not offer an opportunity to win real money, prizes or anything of value. No actual money or anything of value can be won playing the games offered through the Service.
The Service may include an opportunity to collect through gameplay or to purchase (the “Virtual Items”): (a) virtual, in-game “currency”, including but not limited to virtual “coins”, “points”, “credits”, “bonuses”, “chips”; (b) virtual in-game items, including but not limited to virtual “gems”, “chests”, “bracelets”, “spins”; (c) certain in-game benefits, including but not limited to additional levels or extra content, – all for use in the Service.
Virtual Items constitute a specific functionality of gameplay, without any material value, that can be used by you personally only within the Service. Virtual Items have no monetary or material value and cannot be used to purchase or use products or services other than within the applicable Service. Virtual Items cannot be refunded or exchanged for cash or any other tangible value. Virtual Items may not be purchased or sold outside of the Service from any individual or other company via cash, barter or any other transaction.
Some number of free Virtual Items may be made available to you to collect when you log into the Service at certain time intervals. You may always wait until additional free Virtual Items are available to you. Virtual Items purchased or available to you in the Service can only be used in connection with the Service where you obtained them or where they were collected by you as a result of gameplay.
Any purchase of Virtual Items, as well as Virtual Items accumulated through Service, are purchases of a limited, non-exclusive, non-transferable, non-assignable, revocable license (permit) to use such functionality (those Virtual Items) within the applicable Service, subject to the limitations and other terms set out by eRealm, and does not transfer ownership of those Virtual Items to you. This license is personal to you and cannot be sold, transferred, assigned, gifted, traded or sublicensed.
eRealm expressly prohibit and do not recognize any sales, transfers, assignments, gifts, trades or sublicenses of Virtual Items, whether for money, goods or any other exchange for anything of value outside of the Service. Any such transfer or attempted transfer is prohibited and void, and may subject you to a termination of your account, a lifetime ban from using eRealm’s products and services, and even legal action. eRealm retains the right to manage, control, modify and/or discontinue Virtual Items without notice at its sole discretion, and eRealm shall have no liability to you or anyone for the exercise of such rights. Prices and availability of Virtual Items are subject to change without notice. eRealm may remove or cancel Virtual Items associated with your account upon its sole discretion. All sales of Virtual Items and/or other content are final. No refunds will be given, except at eRealm’s sole and absolute discretion.
If your Service account is charged for items or services you did not purchase, charged with any incorrect amount that does not correspond to the number of purchased items and services, or you did not receive any of the ordered additional features, you may request a refund or correction in accordance to payment provider policy. Any refund request must be sent within 96 hours from the moment of purchase in order for them to be issued in accordance with the policy of the payment provider. Except the charges to your Service account, you can also notify our company about any billing problems within 30 days after they appeared on your account statement for the first time. If we are not notified about that kind of issue within 90 days, it means that you agree that you refuse your right to dispute any such problems or discrepancies. All games are intended for an adult audience and do not offer real money gambling or an opportunity to win real money or prizes. Practice or success at social gaming does not imply future success at real money gambling.
“Content” means the software, communications, images, sounds, and all the material and information perceived or made available from the Services, whether provided by eRealm or by users of the Services. Content also includes any feedback, comments, or suggestions you may provide regarding the Services, other Content, or the Site, including any responses provided through user surveys. You acknowledge and agree that all Content, including, without limitation, all accounts, characters created, and Virtual Items or in-game “currency” acquired and developed as a result of game play, are the sole and exclusive property of eRealm and may be used by eRealm (and/or its affiliates, publishing partners, distributors, licensors and licensees) for any purpose, including for commercial or promotional use. You agree that you may only upload, or otherwise transmit on or through the Services, Content that does not infringe the intellectual property rights of any third party, and you represent and warrant that any Content you do transmit will not infringe the intellectual property rights of any third party. If you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, you agree to and hereby do assign solely and exclusively to eRealm all of your right, title and interest in and to such Content, without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity. If such assignment is ineffective under applicable law, you hereby grant to eRealm the sole and exclusive, irrevocable, sublicensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display, use, and practice such Content, and to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in such Content. eRealm representatives may monitor certain Content on the Services, but cannot monitor or prescreen all of the Content on the Services, and do not attempt to do so. eRealm and its designees have the right, but not the obligation, to edit, refuse to post, or remove any Content posted on any Services that are deemed objectionable or violate these Terms or the spirit of these Terms, in our sole discretion and determination. If you encounter something you find objectionable and in violation of these Terms, you can bring it to our attention by “flagging” it or reporting it via the in-game support system. We do not assume any responsibility or liability for Content that is generated by users of the Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Services. You acknowledge and agree that eRealm may use built-in tracking features to obtain information regarding your use of the Service, and agree that such information is deemed to be Content for all purposes under these Terms.
Your right to access and use the Site, Service and Content will remain effective until terminated in accordance with the Terms. eRealm reserves the right to revoke the license granted to you herein, and if we do, eRealm may terminate your access to and use of the Site, Service and Content and may, at its sole discretion, maintain or delete your Account and any items associated therewith. In particular, but without limitation, you understand that value cannot and shall not be attributed to the time that you may spend accumulating Virtual Items, accumulating or creating Site items, creating submissions, or accumulating or creating any other digital and/or virtual objects, and you understand and agree that you will not be compensated under any circumstances for any Virtual Items, Site items or submissions, regardless of whether you are barred from access to them. eRealm may suspend, terminate, modify, or delete your Service account or rights thereto with or without prior notice to you, at any time for any reason or for no reason, including without limitation, for any violation or suspected violation of the Terms or for any other reason that eRealm , at its sole discretion, determines is appropriate. For example, your account may be deleted and terminated without warning if eRealm believes, at its sole discretion, that you violate any provision of these Terms; if you have provided any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete); or eRealm has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete.
Digital Millennium Copyright Act
If You are a copyright owner or an agent thereof and believe Your work is the subject of copyright infringement on the Service, You may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to eRealm’s Designated Agent the following information:
(a) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(b) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(c) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(d) A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(e) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(f) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.
eRealm’s Designated Agent for claims of copyright infringement can be reached as follows: [email protected]. You acknowledge that if you fail to comply with substantially all of the above requirements of this section, Your DMCA notice may not be valid and we may not be able to remove infringing content. Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Applicable Law, Jurisdiction and Venue
These Terms and the rights of the parties hereunder shall be governed by, and construed in, accordance with the laws of the British Virgin Islands, exclusive of conflict or choice of law rules. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted under these Terms shall be governed by the British Virgin Islands Arbitration Act, 2013. You and eRealm consent to the exclusive jurisdiction and venue of the state or federal courts located in the British Virgin Islands for all disputes arising out of or relating to these Terms.
Limitation of Liability
eRealm AND ITS LICENSORS WILL NOT BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE SERVICES INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICES INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL eRealm OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL eRealm’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNTS PAID BY YOU TO eRealm’s IN THE PAST 6 (SIX) MONTHS.
THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH eRealm.
Class Action Waiver
You agree that arbitration or court trial (whether before a judge or jury or pursuant to judicial reference) of any claim you may have against eRealm , including eRealm’s past and present affiliates, officers, directors, employees and agents, will take place on an individual basis without resort to any form of class or representative action (the “Class Action Waiver”). THE CLASS ACTION WAIVER PRECLUDES YOU FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING A CLAIM.
Statute of Limitations
You agree to defend, indemnify, and hold eRealm harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including reasonable attorneys’ fees) incurred by eRealm arising out of or from your access and use of the Services, your violation of these Terms or any Content posted, transmitted or provided by you or on your behalf.
You agree that your sole and exclusive remedy for any problems or dissatisfaction with the Service is: (a) to discontinue your use of the Service and (b) to cancel any accounts you have created using the Service and (с) to uninstall any software related to the Service.
Waiver and Severability
The failure of eRealm to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
You acknowledge that the rights granted and obligations made hereunder to eRealm are of a unique and irreplaceable nature, the loss of which shall irreparably harm eRealm and which cannot be replaced by monetary damages alone so that eRealm shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you.
You are subject to all laws of the state(s) and countries in which you reside and from which you access the Service, and are solely responsible for obeying those laws. If your accessing and using of the Service would result in violation of laws of the state(s) or country in which you reside and from which you access the Service, you are obliged and agree: (a) to immediately cease your use of the Service and (b) to cancel any accounts you have created using the Service and (с) to uninstall any software, related to the Service. If the Service or any part thereof is determined to be illegal under the laws of the state(s) or country in which you are situated, you are not granted any license to use the Service and you must refrain from using the Service. Virtual Items may only be collected or purchased by legal residents of state(s) and countries where access to and use of the Service are permitted.
These Terms are the entire and exclusive agreement between eRealm and You regarding the Services, and these Terms supersede and replace any prior agreements regarding the foregoing. If you have any questions about these Terms, please contact eRealm at: [email protected]