We have made a translated version of our Terms of Service available to you. Unless otherwise stated and to the extent permitted by applicable law, the English version will prevail.
You and MyEasyGames hereby enter into a legally binding agreement. You accept these Terms of Service by installing, using or otherwise accessing the Services. Please do not install, use or otherwise access the Services if you do not agree to these Terms of Service. All of the conditions set forth herein must be met before you can use the Sites and/or Services.
1.AUTHORIZATION: 1.1You must be at least 13 years of age to use the Services, anything accessible or available through the Services or Third Party Platforms, register for an Account (as defined below), or submit Contributions or post (as defined below) or personal information to a forum (as defined below), blog or anywhere else through the Services, except as otherwise provided herein. You warrant that you are at least 13 years of age if you are a resident of the United States, United Kingdom or Canada, or 16 years of age if you are a resident of the European Economic Area, or an adult in any other jurisdiction, if you access any Content or access, use, or send messages to or through the Services, including the available Services, through third-party platforms.
Customers aged 13 to 18: These Terms apply to your child’s use of the Services and/or anything accessible or available through the Services or third-party platforms if you are a parent or legal guardian and registering your child using the Services. Additionally, you agree that you are solely responsible for any payments your child authorizes. We are notifying you under 47 U.S.C. Section 230(d) as amended that there are commercially available parental controls such as computer hardware, software or filtering services that can help you restrict access to content that is harmful to minors. America Links Up provides information on current protection providers:
1.2 RestrictionsYou acknowledge that the “Export Controls and Sanctions Laws” of the United States, European Union, Canada and other relevant jurisdictions may apply to the information, data, technology, software, products and/or services you acquire from MyEasyGames. By accessing or using the Services or Materials, you warrant that you and your organization are authorized to receive them under applicable export control and sanctions laws, that you will not use them in violation or violation of such laws, and that you are not :i) listed on a list of restricted parties affected by sanctions imposed by the United States, EU, Canada or other multilateral bodies such as Foreign Assets Control’s List of Specially Designated Nationals and Blocked Persons, the consolidated EU -List of persons, groups and entities subject to EU financial sanctions, or the consolidated Canadian list of an autonomous sanctions list; or (ii) owned, controlled or acting on behalf of any of the above entities.
- COMMUNICATION SERVICES As part of our services to you and in connection with your use of MyEasyGamess Games and related websites, we communicate with you via email about events, forums, game features, promotions and purchasing opportunities. You can unsubscribe from receiving these communications by clicking the button included in each emailClick on the “Unsubscribe” link, manage the communication function via the “Settings” menu or contact us at the following address:
[email protected] MyEasyGames 575 Market Street, Suite 2450 San Francisco, CA 94105 Please include the phrase “Privacy Notice” in the subject line of your email and mark your correspondence with “Attention:Privacy” to ensure that she reaches the right person.
4.MATERIALS Data, text, images, graphics, audio, video, icons, games, software, upgrades for use in the Services (including any new levels, characters and in-game items), links and other content and features available on or through the Services (collectively, the “Materials”), excluding Submissions (defined below), are intended to educate and inform you about us and our business, and to provide you with access to the Services. The information and materials provided on or through the Services, including without limitation your use of the Materials, are entirely at your own risk as they are provided “as is”.
- Right to Change We reserve the right to change the Services, Materials or any part thereof at any time with or without notice. You acknowledge that you and any third party will not be held liable by MyEasyGames for any such modification, suspension or termination.
- Intellectual Property You acknowledge that MyEasyGames and its licensors own copyrights, trademarks, patents, trade secrets, and other proprietary rights in the Materials and Services (collectively, “Intellectual Property”), including, without limitation, the selection, coordination, Arrangement, compilation, compilation and all additions thereto. MyEasyGames owns and will always own the Materials, Services and all intellectual property and other rights related thereto. MyEasyGames, in addition to other trademarks, trade names, trade dress, logos, and service marks displayed on the Third Party Services or Platforms; MARVEL: CONTEST OF WINNERS; TRANSFORMERS: Manufactured TO Battle; The PLAY FOR REAL marks, logos and trade dress are trademarks of MyEasyGames, MyEasyGames’s vendors, licensors and/or other third parties. You acknowledge that intellectual property in all media exists and is protected by United States and international laws now or in the future. You acknowledge that you have no rights to o f ownership of any intellectual property. Except as otherwise permitted by law, you may not use the Intellectual Property for any purpose without MyEasyGames’s express written permission. The Intellectual Property may not be used in a manner likely to confuse customers, disclose confidential information, or disparage MyEasyGames, notwithstanding the foregoing. Nor may they be used in connection with any non-MyEasyGames product or service. Nothing on the Third Party Services or Platforms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any intellectual property. You are not granted any right under any patent, copyright, trademark, or trade secret of MyEasyGames or its licensors of the materials, unless otherwise specified in a separate license agreement.
7.2. User Concepts Unsolicited suggestions from users – collectively referred to as “User Ideas” – will not be considered or accepted by MyEasyGames. Examples of such proposals include concepts for brand new products, games, applications, technologies, or services. You acknowledge that MyEasyGames has no obligation to treat any User Idea as proprietary or confidential. Any User Ideas you submit are yours under a worldwide, perpetual, nonexclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, sell, exploit, create derivative works from, and display the User Ideas in connection with the Services and for MyEasyGames (and his successors). ‘) Businesses, including but not limited to the promotion and redistribution of any or all User Ideas (and derivative works) in Any User Idea is not evaluated, verified or implemented by MyEasyGames.
- COPYRIGHT INFRINGEMENT The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a money back opportunity for copyright owners who believe that content found on the Internet violates copyright laws in the United States. Provided you have a good faith belief in trusting that material made possible by MyEasyGames infringes your copyright (e.g., material posted by a customer in one of our discussions), you (or your agent) may send us a notice stating that you that the material is removed or access to it is restricted. Please review the requirements and specific instructions for submitting a notice to MyEasyGames in the following paragraphs. Please contact MyEasyGames’s DMCA agent with the following information if you believe that copyrighted work has been copied and posted on the Services in a way that violates copyright (please consult your attorney about your rights and responsibilities better understood under Section 512(c) of the Copyright Act and other laws:
information sufficient to allow us to identify the allegedly infringing work, or, if multiple works are alleged to exist, a representative list of those works (e.g., author, title, registration or tracking number, and URL);
information sufficient to enable us to identify and locate the allegedly infringing content (e.g., a link to the content-filled page);
Your contact information, such as your email address, telephone number or address, so that we can contact you;
A statement that you have a good faith belief that the copyright owner, its agent, or the law does not permit use of the material identified in subsection ii above;
a written statement that, under penalty of perjury, you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed and that the information in the notification is accurate.
Your digital or physical signature.
Please send the following written notice to our designated agent:
MyEasyGames, DMCA Agent, 575 Market Street, Suite 2450, San Francisco, CA 94105, USA Email:9. [email protected] Counter-Notification: If any content you posted on the Services has been removed, you can send the following counter-notification with the following infoSubmit information:
Identification of the material that has been removed or access to which has been restricted and the location at which the material first appeared;
A statement, under penalty of perjury, that you believe in good faith that the material was extracted or disabled as a result of confusion or misidentification of the referenced material;
your name, address and contact information;
A statement that you will accept service of process from the person who filed the notice pursuant to Section (c)(1)(C) of the DMCA, as described above, and that you consent to the jurisdiction of the Federal District Court for the judicial district in which where your address is located, or if your address is outside the United States, for any judicial district in which MyEasyGames is located;
Your digital or physical signature.
Please send the following written notice to our designated agent:
MyEasyGames, DMCA Agent, 575 Market Street, Suite 2450, San Francisco, CA 94105, USA Email: Please note that anyone who knowingly and materially misrepresents that any material or activity is infringing or that the material or activity was inadvertently removed or disabled be liable under Section 512(f) of the Copyright Act. Additionally, please note that we strictly adhere to our policy to terminate repeat offender accounts that we receive in order to receive notification of interference under this DMCA notification and takedown system.
Notices and counter-notifications must comply with the then current legal requirements of the DMCA; Visit http://www.copyright.gov for more information. Submit all notices and counter-notifications regarding the Services to MyEasyGames’s DMCA Agent for Claims of Copyright Infringement at: DMCA Agent , MyEasyGames, 575 Market Street, Suite 2450, San Francisco, CA 94105, or by contacting DMCA Contact @MyEasyGames.com with a request with “DMCA Communication (from TOS)” in the subject.
You should contact MyEasyGames’s DMCA agent for claims of copyright infringement only for the purposes described in this section. Any remaining requests coordinated with MyEasyGames’s DMCA specialist will go unanswered. You could be held responsible if you abuse the DMCA.
- YOUR ACCOUNT We may ask you to create a user account (hereinafter referred to as an “Account”) in order to access and/or use some aspects of the Services. You acknowledge and agree that you do not own or have any other proprietary interest in the Account. We may ask you to provide certain personal information such as your name and/or email address in order to create an account. You have the option to provide your personal information to MyEasyGames. Each time you provide MyEasyGames with personal information, you agree to the following: a) complete our registration form with accurate information about yourself, including your current email address, and b) keep your information up to date By updating them, including your email address, you acknowledge that MyEasyGames reserves the right to terminate your participation in any Services, including those made available on third-party platforms, if any of those provided by you information is false, incorrect, out of date or incomplete. We may ask for it You must choose a username and password to create an account. The policies and terms described in Sections 10.1 and 11 below apply to your username. You acknowledge that MyEasyGames reserves the right, in its sole discretion, to suspend or terminate any and all current or future use of the Services, or any portion thereof, and your user account.
10.1.Username and PasswordYou acknowledge that it is your responsibility to ensure that any username you choose does not violate any law or the rights of any third party. If your username violates any law, is protected by trademark or other proprietary rights, is vulgar or otherwise objectionable or likely to cause confusion, or for any other reason MyEasyGames deems appropriate, MyEasyGames may refuse to grant you a username. MyEasyGames reserves the right to revoke and/or reassign this username at any time and your selection and use of this username does not transfer any ownership or interest in this username. You acknowledge and agree that MyEasyGames reserves the right, in its sole discretion, to change usernames at any time,nd modify, remove or delete without prior notice.
Your username and password and any activities (including use of virtual currency, website elements or services on or through the third-party websites or platforms, if applicable) conducted using your username and password, whether you have authorized them or not, are entirely your responsibility to maintain their confidentiality.
You agree not to sell, transfer, or otherwise allow anyone access to your account or your rights to use it. You must do the following if you have reason to believe that your account is no longer secure: 1) change your password immediately; 2) Let us know immediately by sending an email to [email protected] with the subject “Password and username security issues”.
You are not permitted to use someone else’s account or have someone else use your account at any time. You agree that you are responsible for any losses incurred by MyEasyGames or any other party as a result of another person using your account, whether with or without your knowledge. You also agree that MyEasyGames is not responsible for any loss you incur as a result of someone else using your account. For this reason, MyEasyGames strongly recommends that you log out of your account at the end of each session.
At the time the applicable fee or charge is due, you agree to pay any and all charges or fees incurred by your account, including any applicable taxes. All prices are listed in US dollars unless otherwise noted. At any time, in our sole discretion, MyEasyGames may add new products and services for additional fees and charges, or proactively change fees and charges for Services and/or Materials. You warrant to MyEasyGames that the payment method you choose to use to pay for all applicable fees and applicable taxes is authorized by you. You agree that you are entirely responsible for all fees and charges incurred through your account. You acknowledge and agree that there are no discounts for expenses and fees charged through your records.
- CODE OF CONDUCT STANDARDS You agree to abide by our community standards, code of conduct and policies described in any “announcements” or “stickies” on the Website forums or other supplemental policies or documents (all such standards are hereby incorporated by reference to these Terms or Services) while using Services and/or Materials, including on or in Submissions (as defined below), Submissions or Reviews.
Any person who chooses to access or use the Services or Materials from anywhere other than the United States does so on their own initiative and is responsible for complying with all local regulations, including those relating to data, E -Mail, the Internet and Privacy. The transmission of Technical Data exported from the United States or the country in which you reside is subject to all applicable laws, and as such you agree to do so. To use the Third Party Services or Platforms from countries other than the United States, users must agree to follow all local laws regarding acceptable content and online conduct.
In addition, you agree that (this list is by no means exhaustive and may change from time to time):
use the Services in a manner that violates these Terms or any applicable law or regulation;
Bullying, grieving, yelling, flooding, using excessively large images so that the screen scrolls by too quickly to read, or repeatedly hitting the enter key are all ways to “stalk”, harass, threaten, or other MyEasyGames users or members to cheat the MyEasyGames staff;
It is forbidden to use a false identity or to impersonate another person or entity, such as B. Claiming to be a MyEasyGames official or representative, message board moderator, leader, another user, or a celebrity or public figure.
Access another user’s account without permission;
Send, post, transmit or make available any comments or content that is pornographic, sexually graphic, threatening, embarrassing, hateful, racially or ethnically offensive, inflammatory, deceptive, tortuous, defamatory or otherwise, etcare appropriate or offensive; this includes topics that endanger or may endanger the safety of a child or minor, and the use of characters such as “@#$%” instead of letters.
Offer, suggest or promote any product or service or engage in any other commercial activity outside of MyEasyGames;
Except as expressly permitted by MyEasyGames, as set forth in the Terms or in writing, you may not send, post, transmit, or make available any unsolicited or inappropriate content, information or posting, junk mail, SPAM, chain letters, investment opportunities, or anything similar that is unwanted or unauthorized commercial or promotional content, information or communications;
Disclosure of the passwords to MyEasyGames to third parties;
Unless you are the owner of such rights or have permission from the owner of such rights to do so and grant MyEasyGames all license rights necessary to transmit or maintain any such content, information or Submissions, you may not post, transmit or create any content, information or Make available Contributions that are protected by intellectual property rights, such as copyright, trademark, trade secret or patent rights;
Falsify the identity, source or content of any information sent, posted, transmitted or made available through the Services or any third-party platform, e.g. B. by claiming ownership of a work that does not belong to you;
Use of service features for purposes other than intended, such as B. using bugs for personal gain;
Disable or interfere with security-related features of the Services, including those made available on third-party platforms;
Send, post, transmit, or distribute anything that contains a virus or other code designed to damage or disrupt the Services, or any portion thereof, software, hardware, equipment, system, data, or other information of MyEasyGames or other third party; disable, overload or interfere with the Services, including any Services available on or through third-party platforms;
Use, among other things, hacking or DOS attacks to launch an attack on any server hosting the Services, or any part thereof, or otherwise attempt to exploit them or the Services they host or the Services they host make available on or through third parties. party platform.
intentionally disrupt the fairness or operation of any Services, including those made available through a third-party platform, or the enjoyment of another user of those Services;
Attempt to decipher, decompile, disassemble, reverse engineer, or otherwise derive any code, underlying ideas, or algorithms from any part of the Services or Materials, including any Services made available through platforms operated by third parties;
Use, create or distribute any bots (or “bots”), spiders, unauthorized scripts, offline readers, cheat, exploit, mod, bot, hack or similar software, or any unauthorized third party software that intended to modify or interfere with the Services, or any portion thereof, or to enable automated access to or use of the Services, including any Services available through any third-party platform;
Authorization composed without MyEasyGamess Edge or Mirror of some of the administrations;
Exchange, buy, sell, or trade user accounts or site items for non-MyEasyGames items (including cash);
Abuse MyEasyGames’s support, including by submitting false reports of abuse;
You may not imply or represent that any statement you make is endorsed by MyEasyGames without MyEasyGames’s prior written consent;
Receive or collect information about users of the Services, including personally identifiable information or other account information, such as passwords, email addresses, or geolocations, including any Services made available through third-party platforms;
Modify, adapt, license, sublicense, or translate the Services for your personal or business use; modify any part of the Services, including those provided through third-party platforms; or to support, permit or encourage any party to participate in any of the above activities;
If you breach any of these Terms, including any of the Standards, MyEasyGames reserves the right to terminate your user accountsuspend, terminate, or close without notice to you if you use the Services or Materials in violation of these Terms and any Standards.
- FORUMS AND POSTINGS The Services may include features such as ratings, message boards, email services, blogs and other forums or areas where you and others may post or transmit information on or through the Services, including through platforms of Third Party Providers (collectively, the “Forums”). In addition, the Services may redistribute content that you submit, upload, or post to the Services or third-party platforms.
You grant to MyEasyGames and our agents and users a worldwide, nonexclusive, sublicensable (multi-tier), transferable, royalty-free, perpetual, and irrevocable right to use, reproduce, distribute (multi-tier), create derivative works from, and publicly perform such Submissions , publicly perform, digitally perform, manufacture, have manufactured, sell, offer for sale and import for any purpose, commercial or otherwise, without compensation to you or the provider of the website. We are not responsible for any use or disclosure of Submissions, and we have no obligation to maintain confidentiality, attribution or otherwise with respect to Submissions. Individuals not affiliated with us may post information and contributions in our forums. Any Submissions you send to MyEasyGames or through any third-party service or platform that you consider proprietary or confidential will be treated as non-confidential. All Submissions are under your control and responsibility, you acknowledge and agree that your exchanges with various clients about the meetings are public and not private correspondence and that you are not entitled to any protection in relation to your use of the discussions seen by others, used by them and can lead to unwanted messages. When communicating with MyEasyGames through the forums, you are strongly advised not to provide any personal information about yourself. If you choose to submit information through the forums or the Submission, MyEasyGames is not responsible for this.
Submissions may be retained by MyEasyGames indefinitely. However, neither MyEasyGames nor you are obligated to store or make available any Submissions in the future, and Submissions may be destroyed without your consent without MyEasyGames incurring any penalties.
- TERMINATION Your access to and use of the Services and Materials will survive until terminated in accordance with the Terms. Your access to and use of the Sites, Services and Materials may be terminated by MyEasyGames if we revoke the license granted to you herein. In addition, MyEasyGames may, in its sole discretion, administer or delete your account and all items associated therewith, including but not limited to virtual currency, site items and submissions. Any time you spend virtual currency, Site Items and/or Submissions associated with your account or otherwise, MyEasyGames shall not be liable to you if MyEasyGames revokes your license to access them. In addition, you understand that you will not be compensated for any Virtual Currency, Site Item or Contribution, whether or not you are prohibited from accessing it. This includes but is not limited to the fact that you will not be compensated for the time you spend acquiring them.
Any breach or suspected breach of the Terms, or any other cause that MyEasyGames, in its sole discretion, deems appropriate, may result in the termination, modification, suspension, or deletion of your account and rights thereto, at any time and without prior notice to you. If MyEasyGames determines, in its sole discretion, that you are under the age of 13, for example, your account may be terminated without notice; provided you provide any data that is (or becomes incorrect, inaccurate, not current, or defective) incorrect, inaccurate, not current, or fragmented; or MyEasyGames has good reason to believe that the information is incorrect, out of date or incomplete. Your access to and use of the Sites, Services and Materials, including Site Elements and Virtual Currency, will cease immediately upon termination. In addition, MyEasyGames reserves the sole right, in its sole discretion, to refuse service to any third party and to remove any Content, Submissions or Materials for any reason.
If MyEasyGames reasonably determines that you have breached clause 1.2 of this Agreement and/or violated or exposed MyEasyGames to your access to or use of the Services and/or the Materials, MyEasyGames shall be at risk of penalties under applicable export control and sanctions laws Right to immediately terminate your rights to your account with or without notice. In these circumstances, MyEasyGames will not be liable to you if you terminate the Agreement and you will not be entitled to a full or partial refund.
You can close your record by sending a request with the subject “Please close my record” to [email protected] here. If your account has been inactive for at least six months, MyEasyGames has the right to terminate it. If you do not use your username and password to access any website or service, your account will be considered inactive.
- VIRTUAL CURRENCY/SITE ITEMS You acknowledge that the Services may contain virtual currencies, also known as “points”, or notional credits or currencies. Virtual Currency can only be used within the Services to gain access to Virtual Items (aka Site Items) that can only be used within the Services. Regardless of the wording used, Virtual Cash refers to a limited license right that ais presented solely under these Management Conditions, and is not redeemable for any sum of money or monetary value from MyEasyGames or any other person or substance, at any time. Virtual money given by MyEasyGames contains only a limited permission right to use virtual money. You acknowledge that you have no right, title, or ownership in or to any such Virtual Currency other than a limited, personal, revocable, non-transferable, and non-sublicensable license to use Virtual Currency on and in the Services, including in or for Games, applications or other services provided or o offered on or through third party websites and/or platforms.
You acknowledge and agree that Virtual Currency and Site Items have no monetary value, that neither MyEasyGames nor any other party is obligated to exchange your Virtual Currency or Site Items for anything of value, including real currency, and that the Virtual Currency of Site Items and your account will cease to have value if your access to the Services is revoked or terminated.
MyEasyGames reserves the right, in its sole discretion, to distribute Virtual Currency or Site Elements free of charge or to charge a fee for the privilege of accessing or using them. For example, MyEasyGames may offer users a certain amount of Site Items or virtual currency as a reward for registering a certain number of users as part of a promotion or membership benefit. You acknowledge and agree that MyEasyGames may, at any time, make changes or take steps that affect the apparent value or valuation of Virtual Money, Website Items, or possibly administrations.
Purchases of virtual currency and website items are final and cannot be refunded, transferred or exchanged in any way. You confirm that you want the virtual currency and/or website element to be credited to your account immediately by purchasing it (e.g. relevant purchase button). However, by doing so, you lose any cancellation rights granted to you by applicable laws, such as B. the EU Consumer Rights Directive (2011/83/EU) and all national laws implementing it.
MyEasyGames reserves the right, in its sole discretion, to administer, regulate, control, modify or eliminate any Virtual Currency and/or Site Elements. MyEasyGames will not be liable to you or anyone else for exercising these rights. For example, Virtual Currency and Site Items will be lost or forfeited if your MyEasyGames account is closed, suspended or terminated for any reason, or if MyEasyGames ceases to provide some or all Services, including those provided or offered by third party platforms.
MyEasyGames reserves the right to make all calculations related to the virtual currency balance in your account in its sole discretion. In addition, MyEasyGames reserves the right to decide how much Virtual Currency will be deducted from your account when you participate in promotions or purchase Site items, or use the Sites or Services (including any Services made available through third-party platforms or offered). You acknowledge and agree that MyEasyGames’s determination of the amount of Virtual Currency in your Account will be final, unless you can demonstrate to MyEasyGames such calculation or are intentionally incorrect, despite MyEasyGames’s best efforts, all such calculations on one basis uniform and reasonable basis.
- VIRTUAL CURRENCY TRANSACTIONS AND TRANSFERS.
- SWEEPSTAKES AND CONTESTS From time to time, we may allow you to participate in sweepstakes, contests, giveaways or promotions (each, a “Promotion”) through our Services or a Third Party Platform. The official rules or guidelines of each promotion must be followed in order to participate. The Terms or the Service govern all promotion-related opportunities, unless expressly superseded by promotion-specific rules, regardless of whether specific rules are posted by MyEasyGames. You should also be aware that your participation in the Promotion may be subject to additional terms and conditions if administered by a third party. Before participating, you should read the rules, terms of service and privacy policies of these third parties. You acknowledge that these third party promotions are not the responsibility of MyEasyGames.
- Disclaimer of Warranties The Services, Websites and Materials, and any product or service acquired through any Third-Party Platform, are provided “as is” and without any representations or warranties of any kind, express or implied, to the extent reasonable under the Material Rules, MyEasyGames and its partners, licensors, vendors, promoters, supporters, and specialists disclaim all warranties, express or implied, including, without limitation, suggested warranties of title, non-interference, accuracy, merchantability, and fitness for a particular reason, and all warranties arising out of administration , execution or use of the exchange. MyEasyGames and its members, licensors, providers, promoters, supporters and specialists do not warrant that your use of the Administrations, Sites or the Materials, including without limitation any element or Administration accessible through any External Tier, will be continuous, error-free or obtain that imperfections are corrected or that the administrations, sites or materials or parts thereof, the entries, the servers on which the administrations are made possible or any element or administrations that can be accessed externally are freed from infections or others uncertain parts, or that the dates are all accurate. Any statements, advice or representations made by MyEasyGames or its affiliates, licensors, suppliers, advertisers, sponsors, members, agents or visitors, whether in the Materials, on third party platforms, through the Services or otherwise, do not constitute warranties. You do so solely at your own risk if you use the Services, websites and materials, including any goods and services offered by any third-party platform.
- LIMITED LIABILITY Neither MyEasyGames nor any of our subsidiaries, affiliates, licensors, suppliers, advertisers or sponsors, nor any of our directors, officers, employees, consultants, agents or other representatives shall be liable for any indirect, incidental, consequential, special, exemplary, any punitive or other damages (including without limitation damages for loss of business, data or profits) arising out of or in any way related to the Services, Sites or Materials, including loss of use of the Products, Services, websites, materials, posts or linked websites, if applicable, if you are dissatisfied with the services, websites and/or materials, including those accessible through third-party platforms. The total amount paid by you to MyEasyGames to access or use the Services, Sites or Materials in the preceding twelve (12) months, if any, shall be your sole and exclusive maximum liability to MyEasyGames for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise.
The above limitation may not apply to you because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. Any communication between you and MyEasyGames or a MyEasyGames representative does not waive any limitation of liability set forth in this Agreement and will not create any additional warranty not expressly stated in the Terms of Service. Multiple claims will not increase the monetary damages limit set forth herein. Even if any remedy fails of its essential purpose, you agree that the exclusions of damages in these Terms of Service will survive.
- INDEMNIFICATION You agree to indemnify and hold MyEasyGames (including its subsidiaries and affiliates), its officers, directors, partners, employees, consultants and agents from and against allindemnify, defend and hold harmless any third-party claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees and court costs) arising out of (a) any allegation that any Submission or other information you post, transmit to us, or transmit through the Services or any third-party platform b) your violation of the Terms, including the Standards, or any applicable law or regulation, whether through your use of your username or account; c) Your use of the Services, websites, materials, including those found on third-party platforms, and Submissions; (d) any virus, Trojan horse, worm, time bomb, cancelbot, spyware or other harmful software that you post on any Third Party Platform or through the Services, transmit or transmit; and/or (e) any claim that any of your Submissions, User Ideas or Submissions has caused harm to a third party, such as B. Defamation, defamation, slander, or other types of harm.
- Agreement to Arbitrate; This section only applies to players in the United States and Canada. CLASS ACTION WAIVER
Before filing a formal dispute, please contact our customer support team first or try to resolve the issue on one of our forums. In this way, most disagreements can be resolved.
21.1. We both agreed to arbitration. In the event that we are unable to resolve our question through customer support or our discussions, you and MyEasyGames agree to use our final and restrictive discretion to resolve any event related to the Terms or administration. This applies to all claims based on any legal theory.
If the claim qualifies, either of us may bring it in small claims court in San Francisco, California, Vancouver, British Columbia, your county of residence, or any other location we agree.
In addition, either you or MyEasyGames may request a court to compel arbitration to resolve a claim that should be arbitrated, if either of us files a claim in court that should be arbitrated, or if either of us refuses to submit an arbitral claim to arbitration. You or MyEasyGames may also ask a judge to drop a court proceeding while an arbitration proceeding is pending.
21.2.No Class ActionsWe all agree that we can only sue each other individually. That means: a) neither you nor MyEasyGames shall have any right to bring any action as a plaintiff or a class action in any representative, consolidated, or class action; b) unless we both agree to change this, an arbitrator cannot oversee a consolidated, class, or representative arbitration and cannot consolidate the claims of more than one person in a single plaintiff, not other MyEasyGames users, and cannot resolve other disputes be used. The entirety of Section 21 (Agreement to Arbitrate;) will be null and void if a court finds this “No Class Actions” Section to be invalid. The Class Action Waiver will be void, but the remaining Terms of Service will remain in effect.
21.3. Arbitration Policies You and MyEasyGames may only use binding, non-occurrence-based arbitration to resolve any claim related to the Services, Sites or Materials that is less than US$10,000. A request for arbitration must be filed with the American Arbitration Association (AAA) by a party choosing arbitration to initiate the proceeding. The Supplementary Procedures for the Resolution of Consumer-Related Disputes, the Consumer Due Process Protocol, and the AAA Commercial Arbitration Rules govern the arbitration. In addition, you and MyEasyGames have agreed that the arbitration will be conducted pursuant to the following provisions: a) the party seeking relief may elect to have the arbitration conducted by telephone, online, or by written submissions only; (b) the mediation will not involve private appearances by the congregations or witnesses unless generally agreed by the congregations; c) Any court with jurisdiction over the matter may enter judgment on the arbitration award. If the Services and/or Materials and have a claim of less than $10,000, the rules of the AAA must be followed as to whether the arbitration hearing must be held in person.
22.GENERAL 22.1System FailuresSystem downtime for the Servicee are regularly scheduled by MyEasyGames for maintenance and other reasons. Unplanned system outages can also occur. You acknowledge that MyEasyGames shall have no liability or responsibility for: a) the unavailability of the Services, including those on third party platforms; b) any material, data, transaction or other information lost as a result of such system failures; (c) the data, transactions or other information or materials are delayed, mishandled or never delivered as a result of such system failures; or (d) failures caused by third parties, such as Party platforms, companies or servers hosting the Services, or Internet facilities and networks.
22.2.Caution Californians: Users of the California website are entitled to the following specific consumer rights notice under California Civil Code Section 1789.3: You may write to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 400 R Street, Suite 1080, Sacramento, CA 95814 or call (916) 445-1254 or (800) 952-5210 3/22. limitation. Regardless of any conflicting law or statute, any claim or cause of action related to use of the Services, websites, materials, including any Services or information made available through any third-party platforms, or the Terms or Services must be filed within one year. If a claim or cause of action is not filed within this one-year period, it will never be valid again.
22.5.Notification.Legal notices will be sent to the email address you provide to MyEasyGames during the registration process or to MyEasyGames’s national registered agent, unless otherwise specified, will be deemed delivered twenty-four hours after sending. Alternatively, if you provide it during your registration for any of the Services, we may send a legal notice to your postal address. In such event, notice shall be deemed given three days after the date of posting.
22.6.Waiver. Any right or provision of the Terms of Service that MyEasyGames does not exercise or enforce will not constitute a waiver of such right or provision. If written and signed by MyEasyGames, a waiver of any provision of the Terms of Service shall be deemed valid.
22.8. Arbitration disputes fall under this jurisdiction. Any dispute not eligible for arbitration or for which the Agreement to Arbitrate is found invalid or unenforceable shall be subject to the exclusive jurisdiction of the courts located in Vancouver, British Columbia. For the purpose of litigating any such action, you hereby consent to the personal and exclusive jurisdiction of such courts courts and submit to them.
22.9. Severability. Any provision of the Terms of Service which is found to be invalid, illegal or otherwise unenforceable shall be deemed severable from the Terms of Service without effect or enforcementaffect the applicability of other provisions.