TERMS OF SERVICE
Last Updated July 28, 2021
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND AN ARBITRATION PROVISION THAT GOVERNS ANY DISPUTES BETWEEN YOU AND ENDEAVOR ONE.
If you have any questions about these Terms, the Site, or our Games, please contact us at firstname.lastname@example.org.
By visiting the Site, downloading or playing a Game, or clicking to accept these Terms where that option is made available, you agree to be unconditionally bound by these Terms. You also represent and warrant that (i) any information you submit to us is truthful and accurate, (ii) you will maintain the accuracy of that information, and (iii) your use of the Site and Game play does not violate any applicable law, rule or regulation. You must be of legal age and capacity to form a binding contract to accept these Terms. These Terms will remain in effect as long as you access or use the Site or play or maintain a download of a Game. If you do not agree with any of these Terms, do not visit the Site or download or play our Games.
To play our Games, you must be at least 16 years old, unless the law of your jurisdiction or the minimum age posted for the Game rating requires you to be older than 16, in which case you must be at least the required older age. If you are not the legal age of majority in your country of residence, then your legal guardian must review and agree to these Terms on your behalf prior to your download, purchase, or play of our Games. We reserve the right to amend or eliminate these eligibility requirements at any time. If we discover that you do not meet these eligibility requirements, we reserve the right to terminate your use of the Game without notice to you. To the maximum extent permitted under applicable law, legal guardians are jointly and severally liable for all acts and omissions of their children who access or use the Games.
HEALTH AND SEIZURE WARNING
Some Game players may experience fatigue, nausea or vertigo while using virtual reality or alternate reality Games or hardware. Taking rest breaks from the Game may help alleviate symptoms. In rare instances, some players may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or backgrounds on a virtual reality or alternate reality display may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy. You are responsible for reviewing and adhering to all safety tools and tips for the Platform on which you play our Games. While playing the Game, your actual vision may be impaired or there may be wires connecting your hardware to the Platform running the Game. Game players should consider setting up their playing space safely, away from big common areas or small children and pets.
GAME CODE OF CONDUCT
Endeavor One supports a friendly, respectful community for our Games. Where we make the functionality available, certain aspects of the Games may include multiplayer, messaging other players, voice chat and other multiplayer and community functionalities. All players must act reasonably and fairly when interacting with other Game players. All hacking, cheating, bug exploitation, misuse of the Game, trolling, deceptive or abusive conduct is prohibited.
You agree to:
Treat other players in a friendly and respectful manner.
Act responsibly and in a way that respects the rights of other players.
Respect the intellectual property rights of third parties.
You must not:
Abuse or harass other players or engage in trolling or stalking behavior.
Take any action, upload, or share any content, or otherwise use the Game in any way which is in any way immoral, unethical, hateful, offensive, a breach of privacy, illegal, racist, vulgar, pornographic, sexually offensive, libelous, defamatory, threatening and/or bullying.
Cause disruption to the Game or in any way interfere with the proper operation of the Game, including without limitation by damaging any account, software, hardware, or network.
Post, upload, release, distribute or in any other way make available on or through the Game any content or materials which include, use, or contain (in whole or in part) any intellectual property rights of any third party (including without limitation copyright, trademarks, and any other intellectual property).
Upload spam, commercial, marketing, advertisement or solicitation content or promotional content or any third-party links.
Impersonate any person, including without limitation Endeavor One or Platform staff.
Other Players. You acknowledge and agree that you have no expectation of privacy regarding communications you make in the Game, or on the Platform you use to play the Game. You should not provide private information to any other player in the Game. Endeavor One does not monitor communications made by or received from you while playing the Game and is not responsible for the consequences of any such disclosure by you.
While playing the Game, you may encounter or converse with people who are rude, offensive, belligerent, and who may use indecent, obscene, and/or threatening or harassing language. You may also encounter behavior of others that you may view as insulting, demeaning, offensive, threatening, or harassing. You may report any instances of such behavior to the Platform. You assume all risk associated with playing the Game, and Endeavor One assumes no responsibility for the conduct of any other players and shall not be liable to you or any other person for their conduct.
No Player Accounts. Endeavor One is a Game developer and publisher, not a gaming platform, and we do not offer any player accounts. You may download and play our Games on various Platforms through your player account on the Platform, subject to any terms and conditions of that Platform.
Enforcement. If you breach any provision of this Code of Conduct, Endeavor One reserves the right to immediately terminate these Terms with you and your use of the Game without you being entitled to any refund or compensation.
Software and Operating System Requirements. Playing our Games may require you to download Platform or other software (including upgrades) to your device. Operating system requirements will be made available on the relevant Platform store page and/or Game description or otherwise as made available. The requirements between different Platforms and devices may vary. Endeavor One makes no warranty that the Games can be accessed on all or certain personal devices, by means of any specific internet or other connection provider, or in all countries. You are solely responsible for any third-party costs you may incur to download or play the Games, such as Platform fees or internet and cellular data charges.
Updates. Endeavor One may from time to time provide updates to the Game which you may be required to apply before you can continue making full use of the Game. You agree that Endeavor One may deliver such updates remotely and that you will apply such updates.
Beta Versions. Endeavor One may, in its sole discretion, make new versions of Games available prior to their release to the general public, for testing and evaluation purposes (“Beta Versions”). Beta Versions of Games are subject in all respects to the terms of these Terms, except that Endeavor One may discontinue the Beta Version or your ability to use a Beta Version at any time, with or without notice to you and without further obligations to you. You agree to notify Endeavor One of all comments or suggestions about the Beta Version of a Game, including without limitation any problems and ideas for improvements, which come to your attention during its use of the Beta Version. By permitting you to access, download, install, or use a Beta Version, Endeavor One does not grant any additional right to you under any copyrights, patents, trademarks, or trade secret information.
LIMITATIONS ON AVAILABILITY; VOID WHERE PROHIBITED
Endeavor One is an international developer and publisher of Games owned and operated in the United States. If you choose to access the Site or download or play our Games from another location, you do so on your own initiative and are responsible for compliance with applicable local laws. You acknowledge that you may not be able to access all or some of the Site or Games outside of the United States, and that access thereto may not be legal by certain persons or in certain countries.
Use of the Site and our Games is void where prohibited. Endeavor One reserves the right to limit, in our sole discretion, the provision and quantity of all or certain Games or Site features to any person or geographic area.
CONTENTS AND OWNERSHIP
Unless otherwise expressly indicated, the information contained on the Site and our Games, including but not limited to all images, illustrations, designs, photographs, video clips, text, graphics, icons, designs, software code, Beta Versions, license keys, streaming data, written information and screens appearing on the Site, and other materials, as well as names, logos, taglines, trade dress, and other trademarks displayed thereon, are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed by Endeavor One (collectively, the “Contents”). The Contents are protected by U.S. and foreign copyright, trademark, trade dress, or other proprietary right laws and international conventions. Only a duly authorized officer of Endeavor One may grant permission or a license to use any of the Contents; any attempted grant or similar promise by anyone other than a duly authorized agent of Endeavor One is invalid. Nothing in these Terms is intended to transfer to you any rights to the Contents or grant you any license to the Contents, except as specifically set forth in these Terms or the applicable license terms pertaining to certain Site or Game features. You may not use our Contents for any purpose not expressly stated in these Terms, including in any way that might disparage us. The permissions described in these Terms will terminate automatically if you breach any of these Terms. Any other use of the Contents, including reproduction for purposes other than as noted above, without the prior written permission of Endeavor One is strictly prohibited.
Copyright. You do not have permission to copy, reproduce, make derivative works from, distribute, republish, download, display, perform, post electronically or mechanically, transmit, record, or mirror any of the Contents without the prior written permission of Endeavor One. You may only display, download, and print in hard copy format the Contents for the purposes of using the Site as an internal or personal business resource.
Trademarks. Endeavor One’s registered and unregistered trademarks, as well as trade dress, including names, logos, taglines, trade dress, and other trademarks, may not be copied, imitated, or used, whether in whole, partial, or modified form, without the prior written permission of Endeavor One. You may not use any meta tags or any other hidden text utilizing an Endeavor One name, trademark, or product name without Endeavor One’s prior written permission. Third-party trademarks and service marks used on the Site are the property of their respective owners, and we use them with their consent. Endeavor One and the other licensors of the marks on the Site reserve all rights with respect to all Contents and all intellectual property.
Feedback. You may provide us certain communications, suggestions, comments, improvements, ideas, or other feedback related to the Site or our Games (“Feedback”). You hereby grant to Endeavor One all rights, titles, and interests in and to any Feedback. In the event this grant is not sufficient for us to fully realize and use the Feedback, you grant us a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use and incorporate into the Site any of the Feedback. By providing Feedback, you are representing that the Feedback is not subject to any intellectual property claim by a third party or any license terms which would require products or services derived from that Feedback to be licensed to or from, or shared with, any third party.
Game End User License. Our Games are made up of Contents and other intellectual property (including, without limitation, copyright works) of Endeavor One and our licensors. As a Game player and subject to these Terms, Endeavor One grants you (and by downloading or playing a Game you accept) a limited, revocable, non-exclusive right and license to download and use at any one time one (1) copy of the Game for your personal, non-commercial use on a compatible Platform of your choosing (which may include, without limitation, compatible devices, equipment, or peripherals). Any use, reproduction, or redistribution of a Game not in accordance with the terms of these Terms is expressly prohibited.
The Game is licensed to you, not sold. Endeavor One does not grant you ownership of the Game itself. Your license confers no title or ownership in the Game. All right, title, interest and ownership rights in the Game and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trademarks (whether registered or unregistered) and any applications therefore and other intellectual property rights in or connected with the Game, and each part thereof are owned by, belong to and vest in Endeavor One or its licensors. All rights are asserted and reserved. The Game is protected by copyright law, international copyright treaties and conventions and other laws. The Game may contain certain licensed materials and our licensors may act to protect their rights in the event of any breach of these Terms. All trademarks are the property of their respective owners.
Site License Grant. As a visitor to the Site, you have a revocable, nontransferable, nonexclusive license to access, view information contained on, and interact with the Site solely for your own personal or internal business use. Except for the express licenses granted herein, Endeavor One does not grant you any right, title, or interest in the Site or Contents. You agree to take such actions as Endeavor One may reasonably request to perfect Endeavor One’s rights to the Contents. You may not use the Site for any commercial purpose (except when transacting business with Endeavor One) or for any unlawful or wrongful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market or transfer the Site or any portion thereof (including the Contents) or use it in any manner not expressly authorized by these Terms. You further agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Site. Tampering with the Site, conducting fraudulent activities via the Site or Game, and all other illegal activities are prohibited and may subject a user to legal action and/or termination of your access to the Site or Game. You are strictly prohibited from violating or trying to violate the security features of the Site, such as by:
Accessing data not intended for you or logging onto a server or an account that you are not authorized to access.
Attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures unless we expressly authorize that you do so in writing.
Attempting to interfere with service to any user, host, or network, such as by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing.”
Sending unsolicited email, including promotions and/or advertising of products or services forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
You hereby agree not to use any device, software, or routine to interfere or try to interfere with the proper working of, or any activity being conducted on, the Site. You further agree not to use or try to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site other than the search engine and search agents that we make available on this Site and other than the generally available third-party web browsers. If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
You acknowledge that you have read and agree to our Privacy Notice, including but not limited to the provisions in this section. Any information that you provide to us is also subject to our Privacy Notice. If you request information about Endeavor One, we may send you marketing communications by email, mail, or other means in compliance with your preferences and applicable law. As part of our policy to respect your privacy, we provide you the option of opting out from receiving marketing communications from us by unsubscribing from our emails or submitting a request to us as instructed in our Privacy Notice. You may review our Privacy Notice at any time by visiting the Privacy Notice link on our Site.
Please do not send or provide any unsolicited ideas, works, materials, proposals, suggestions, artwork, content or the like, including for games, advertising campaigns, promotions, products, services, technologies, product enhancements, processes, marketing strategies, product names, content or creative materials (all of the foregoing “Unsolicited Submissions”) in any form to Endeavor One or any of its employees or contractors. We often receive Unsolicited Submissions that duplicate efforts made previously by members of our own staff or by other third parties, or we may have already used Unsolicited Submissions like the material being submitted which was previously submitted by others. As a result of the legal and business complexities, we regret that it has become necessary for us to adopt a strict policy against accepting or considering any Unsolicited Submissions sent to us. The purpose of this policy is to avoid potential misunderstandings or disputes when our products, services, technologies, advertising, promotions, marketing strategies or content might seem like Unsolicited Submissions provided to Endeavor One.
If, despite our request that you not send us your Unsolicited Submissions, you still submit them, then regardless of what your correspondence says, you understand and agree that the following terms will apply to your submissions: (i) your Unsolicited Submissions and their contents will automatically become the property of Endeavor One, without any compensation to you; (ii) there is no obligation for Endeavor One to review, consider, or otherwise use the Unsolicited Submissions; (iii) Endeavor One may use or redistribute the Unsolicited Submissions and their contents for any purpose and in any way; and (iv) there is no obligation to keep any submissions confidential.
USER GENERATED MATERIAL
You may have the opportunity to provide, upload, submit or send your name, image, likeness, trademark(s) (including but not limited to registered and unregistered trademarks, trade names, service marks, logos, domain names and other designations owned, licensed to or used by you), Feedback, comments, photos, images, or other materials (collectively, “User Generated Material”) to the Site. With respect to any User Generated Material you post, you represent that (i) you created and/or own the rights to the User Generated Material, or you have the owner’s express permission to post such content; and (ii) the User Generated Material does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks, rights of publicity or privacy rights) or violate any applicable laws, rules or regulations, these Terms, or any of our other posted policies. All User Generated Material you post to third-party platforms in relation to Endeavor One must abide by these Terms and the terms and conditions of the applicable third-party platform. Additionally, you understand and agree that User Generated Material must not:
Contain any material that is false, defamatory, libelous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic or otherwise offensive, inappropriate, damaging, unlawful, disruptive or harmful;
Violate Endeavor One’s or any other person’s or entity’s legal rights, contain any material that could give rise to civil or criminal liability under applicable laws or regulations, or otherwise promote, advocate or assist any illegal activity or unlawful act;
Create or threaten harm to any person or loss or damage to property;
Include others’ Personal Information or any other information that may be used to track, contact, or impersonate that individual;
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other proprietary rights of Endeavor One or any other person, or violate the terms of any contract in respect of such intellectual property or proprietary rights;
Seek to harm or exploit children by exposing them to inappropriate content, asking for Personal Information or otherwise;
Misrepresent your identity or affiliation with any person or organization;
Seek to collect others’ email addresses, usernames, or passwords by any means;
Seek to transmit chain letters, bulk or junk email, or to interfere with, disrupt or create an undue burden on Endeavor One or the networks or services connected to the Site, or to install or attempt to install or promote spyware, malware or other computer code on our computers or equipment or the computers or equipment of third parties; or
Be otherwise objectionable as determined by Endeavor One at our sole discretion.
You understand that User Generated Material may be accessible and viewable by the public or others. You are solely responsible for your User Generated Material and the consequences of posting it online. You assume all risks associated with interacting with other users through the Site, and, to the extent the law permits, you release us from any claims or liability related to any User Generated Material posted to the Site and from any claims related to the conduct of any other users.
We reserve the right, but have no obligation to, monitor, review, screen, post, remove, reject, modify, or store User Generated Material posted to the Site or shared with us at any time and for any reason without notice. We may also refuse, alter, or remove User Generated Material posted to the Site or shared with us without notice for any reason at our sole discretion. We do not endorse any User Generated Material, and the User Generated Material posted does not reflect our opinions, views, or advice. We take no responsibility and assume no liability for any User Generated Material that you or a third party posts or sends on or through the Site, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
Endeavor One does not claim ownership of User Generated Material that you provide, upload, submit or send to the Site or otherwise to us. Notwithstanding the foregoing, you hereby grant Endeavor One an irrevocable, worldwide, royalty-free, fully paid, sub-licensable, perpetual license to use, reproduce, make derivative works from, distribute, publish, display, or perform such User Generated Material in whole or in part, by any and all means and media, in connection with advertising, marketing and promoting Endeavor One, its products and services. You further acknowledge that Endeavor One may modify such User Generated Material for any purpose, but we have no obligation to use any User Generated Material, and our use of any User Generated Material does not create or imply any endorsement of or affiliation with you. You acknowledge and agree that Endeavor One will not compensate you for any User Generated Material.
NOTIFICATION OF INFRINGEMENT
It is Endeavor One’s policy to respond to clear notices of alleged copyright infringement. This section explains the information that must be included in these notices and is designed to confirm with the provisions of the Digital Millennium Copyright Act (“DMCA”). Upon receipt of a DMCA compliant notice, Endeavor One will expeditiously remove or disable access to the content that is the subject of the notice. If you are a copyright owner or an authorized agent thereof, and you wish to file a notice of infringement with us, then you may submit a notice to our Designated Copyright Agent at email@example.com with the following information in writing (you should speak with your legal counsel or See 17 U.S.C. Section 512(c)(3) to confirm these requirements):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Endeavor One Site are covered by a single notification, a representative list of such works at that site.
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 Endeavor One to locate the material.
Information reasonably sufficient to permit Endeavor One to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
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.
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.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If you are unsure whether the material available online infringes your copyright, we suggest that you contact an attorney before sending us a notice. The administrator of an affected site or the provider of affected content may make a counter notification under sections 512(g)(2) and (3) of the DMCA. If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements):
A physical or electronic signature of the subscriber.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which Endeavor One may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
CONSENT TO DO BUSINESS ELECTRONICALLY
By accessing our Site, registering with us, or typing your name into any of our electronic forms and indicating your acceptance or submission of information by clicking a box, you affirmatively consent to (i) Endeavor One communicating with you electronically; (ii) receiving all applications, notices, disclosures, and authorizations (collectively, “Records”) from Endeavor One electronically; and (iii) entering into agreements and transactions using electronic Records and signatures. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. You must have a computer or other web-enabled device, connection to the internet, an active email account, and the ability to receive and read PDF files to conduct business with us electronically. You agree to be responsible for keeping your own Records. You may print or download Records from the Site and keep them for your own reference. If you require assistance with your Records or if you wish to receive Records in paper format or to withdraw your consent to receiving electronic Records from us, please contact us at firstname.lastname@example.org. Agreements and transactions executed prior to this request will remain valid and enforceable.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE OR GAME IS AT YOUR OWN RISK. THE SITE AND OUR GAMES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS. TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW, ENDEAVOR ONE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE OR GAME. ENDEAVOR ONE DOES NOT WARRANT THAT THE SITE OR GAME WILL MEET ALL OF YOUR REQUIREMENTS, OR THAT OPERATION OF THE GAME OR ANY PLATFORM, OR YOUR ACCESS OR USE THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH YOUR HARDWARE AND SOFTWARE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION, OR ADVICE GIVEN BY ENDEAVOR ONE SHALL CREATE A WARRANTY WITHOUT A WRITING SIGNED BY ENDEAVOR ONE EXPRESSLY CREATING SUCH WARRANTY. IN THE EVENT OF A MALFUNCTION OF, OR YOUR INABILITY TO USE, A GAME YOU HAVE DOWNLOADED, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE A REPLACEMENT DOWNLOAD, AND ENDEAVOR ONE SHALL HAVE NO LIABILITY FOR THE FAULTY DOWNLOAD. YOU WILL BEAR ALL COSTS AND ALL RISKS ASSOCIATED WITH THE USE OF THE SITE AND GAME PLAY. IN ADDITION, YOU WILL BEAR THE WHOLE COST OF ANY MAINTENANCE, REPAIR, OR CORRECTION REQUIRED. YOU WILL BEAR ALL RISK ASSOCIATE WITH TIME AND EFFORT LOST, LOSS OF DATA (PARTICULARLY ANY GAME DATA), ERRORS OR LOSS OF COMMERCIAL OR OTHER INFORMATION RESULTING FROM THE USE OF THE SITE OR GAME. YOU WILL BEAR SOLE RESPONSIBILITY FOR ANY DAMAGE CAUSED TO ENDEAVOR ONE, ITS PARTNERS, OTHER USERS OF THE SITE OR GAME OR ANY OTHER INDIVIDUAL OR LEGAL ENTITY AS A RESULT OF YOUR USE OF ALL OR PART OF THE SITE AND/OR GAME IN VIOLATION OF LAW OR OF YOUR OBLIGATIONS AS STIPULATED IN THESE TERMS
YOU AGREE TO INDEMNIFY AND HOLD ENDEAVOR ONE, OUR SUBSIDIARIES AND OUR AFFILIATES, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, SHAREHOLDERS, OFFICERS, AGENTS, PARTNERS AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, COST, EXPENSE, CLAIM, DAMAGES, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, DUE OR RELATING TO OR ARISING OUT OF (I) YOUR USE OF THIS SITE OR GAME IN VIOLATION OF THESE TERMS, (II) YOUR BREACH OF THESE TERMS, (III) ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH IN THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENDEAVOR ONE BE LIABLE TO YOU FOR (I) ANY SUM OR ANY DAMAGES AS A RESULT OF YOUR BEING UNABLE TO USE ALL OR PART OF THE SITE OR GAME OR (II) ANY LIABILITY (A) AS A PUBLISHER OF INFORMATION, (B) FOR ANY INCORRECT OR INACCURATE INFORMATION, (C) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (D) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (E) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES, OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, ENDEAVOR ONE AND ITS LICENSORS WILL NOT BE HELD LIABLE FOR ANY DAMAGE, INJURY OR LOSS IF CAUSED AS A RESULT OF YOUR NEGLIGENCE, ACCIDENT OR MISUSE, OR IF THE GAME HAS BEEN MODIFIED IN ANY MANNER (NOT BY US OR OUR LICENSORS) AFTER IT HAS BEEN DOWNLOADED.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL ENDEAVOR ONE BE LIABLE TO YOU FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE AGGREGATE OF THE PRICE YOU PAID FOR THE GAME OR RELATED TO SITE ACCESS OR, IF NO PRICE WAS PAID THEREFORE, FIFTY DOLLARS ($50), IN EACH CASE, WHETHER OR NOT ENDEAVOR ONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
IN THE EVENT OF A BREACH OF YOUR LEGAL OR CONTRACTUAL OBLIGATIONS, ENDEAVOR ONE RESERVES THE RIGHT TO TAKE ALL AVAILABLE LEGAL ACTION ON GROUNDS OF CIVIL OR CRIMINAL RESPONSIBILITY IN ORDER TO HALT THE VIOLATION AND OBTAIN COMPENSATION FOR OUR LOSSES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SITE AND GAMES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. HOWEVER, THESE TERMS SHALL NOT LIMIT OR EXCLUDE ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER THAT MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
CLASS ACTION WAIVER
YOU HEREBY WAIVE ANY RIGHT TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT AGAINST ENDEAVOR ONE RELATED TO ANY CLAIM, DISPUTE OR CONTROVERSY, AND, WHERE APPLICABLE, YOU HEREBY AGREE TO OPT OUT OF ANY CLASS PROCEEDING AGAINST ENDEAVOR ONE OTHERWISE COMMENCED ON OR AFTER THE EFFECTIVE DATE OF THESE TERMS.
Please read this section carefully. This section affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. YOU AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION. Any controversy or claim between you and Endeavor One arising out of or relating to: (i) these Terms, or the breach thereof; or (ii) your access to or use of the Site; or (iii) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively by a binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, with the arbitration to be held in King County, State of Washington, USA. The arbitration shall be governed by the Federal Arbitration Act and by the internal laws of the State of Washington, without regard to conflicts of laws principles. Claims shall be heard by a single arbitrator. The parties may choose for themselves whether to appear in person, by phone, or through the submission of documents. The prevailing party shall be entitled to an award of reasonable attorneys’ fees. In arbitration, the parties give up their right to have their Claim decided by a judge or jury, and their Claim is instead decided by an arbitrator. Discovery rights and appellate rights in arbitration are more limited than in court. The arbitrator shall issue a reasoned award in writing, including all findings of fact and law upon which the award was made.
YOU AND ENDEAVOR ONE AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND ENDEAVOR ONE AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A CLAIM IMPLICATES THIS SECTION, AND IF THIS SECTION IS FOUND TO BE INVALID, UNENFORCEABLE, OR ILLEGAL BY A COURT OF COMPETENT JURISDICTION, THEN SUCH CLAIM MUST BE ADJUDICATED BY A COURT AND NOT BY AN ARBITRATOR.
NOTWITHSTANDING THE ARBITRATION AGREEMENT, IF ANY CLAIM IS NOT SUBJECT TO ARBITRATION, YOU HEREBY CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN KING COUNTY, WASHINGTON, WHICH IS THE PLACE OF PERFORMANCE OF THESE TERMS.
Endeavor One may terminate these Terms at any time without notice to you if (i) we are unable to verify or authenticate any information you provide; (ii) you breach these Terms in any manner or infringes the rights of Endeavor One or any third party; or (iii) Endeavor One becomes aware of gameplay, chat, or player activity by you that is, in our discretion, inappropriate, offensive, or in violation of the Code of Conduct. Termination by us under this section shall be without prejudice to or waiver of any and all of our other rights or remedies, all of which are expressly reserved, survive termination, and are cumulative. You will not be entitled to receive any refund for a termination pursuant to this section.
You may terminate these Terms by discontinuing use of the Site and deleting and ceasing play of any and all Endeavor One Games. Upon termination of these Terms, you will no longer have access to the Site or our Games and you will not be entitled to receive any refund in the event of such termination.
The parties hereto are independent contractors. No joint venture, partnership, employment, or agency relationship exists between you and Endeavor One as a result of these Terms or your use of the Site. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder in any way (by operation of law or otherwise) without prior written consent from Endeavor One. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect. Endeavor One’s failure to enforce any provision of these Terms will not be deemed a waiver of that provision or any other provision of these Terms. If any provision of these Terms is held invalid or unenforceable under applicable law, that portion shall be construed in a manner consistent with applicable law to accomplish, as nearly as possible, the objective thereof, or shall be severed from the document if, and solely, to the limited extent such construction is not possible, and the remaining portion of these Terms shall remain in full force and effect. If these Terms are translated into any language other than English, then in all events and for all purposes, the English language version shall govern and control. Endeavor One reserves the right to terminate all or part of the Site or Games at any time, without prior notice to you.
CHANGES TO THESE TERMS
Endeavor One reserves the right to modify these Terms at any time by updating this posting without notice. All changes are effective immediately when posted. If you use the Site in any way after a change to the Terms is effective, that means you agree to all of the changes.