Please carefully read these Terms of Service.
By registering for an Account or otherwise using the Service (as defined below), you represent that:
(1) you are age 13 or older; and
(2) you understand and agree to these Terms of Service, and, if you are between the ages of 13 and 18, your legal guardian has reviewed and understands and agrees to these Terms of Service.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
1. Certain Definitions
2. License Grant and Restrictions
E-Link grants to you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to use and display the following: (a) the portions of the Service that are accessible from the Site without payment or made accessible from third party websites or sources via E-Link’s authorization without payment, and (b) such other portions of the Service accessible on a “for-payment” basis, provided that you have paid the applicable fees and met the applicable conditions. The foregoing license is (i) solely for your personal, non-commercial use; (ii) solely for a single computer to access the Site and solely on a Device to access applications; and (iii) subject to your compliance with these Terms of Service.
You agree not to do or attempt to do any of the following:
Neither E-Link nor any of the E-Link Parties (as defined below) grant to you any licenses or rights except for the licenses and rights expressly granted in these Terms of Service. E-Link and its licensors hereby reserve all rights not expressly granted by these Terms of Service. No license is granted hereunder by estoppel, implication or otherwise.
3. Account Registration and Confidentiality
If applicable, by registering through the Service to play E-Link games and access E-Link services, we will establish an internal account specific to you as a user (“Account”). As part of this registration process, you may be requested to provide information about yourself in order to use the Service. You agree to provide and maintain true, accurate, complete and current information as requested by the Service. If you provide any information that is untrue, inaccurate, incomplete or not current, E-Link has the right to suspend or terminate your Account and may prohibit you from using the Service at any time.
You are responsible for maintaining the confidentiality of your Account. You agree to notify E-Link immediately of any unauthorized use of your Account or any other breach of security related to your Account. You are responsible for all activities that occur under your Account whether or not you have knowledge of those activities.
4. Service Materials
The Service Materials are protected by applicable laws in both the United States and other jurisdictions, including but not limited to intellectual property laws. Any use, copying and/or dissemination of the Service Materials may be restricted by such laws. You agree not to (nor attempt to) license, modify, copy, publish, sell, transfer, transmit or exploit in any way, any portion of the Service or Service Materials other than as expressly permitted in writing by E-Link and, if applicable, the third party owner(s) of such Service Materials. You are solely responsible for obtaining permission from such owner(s).
E-Link and its licensors own all right, title and interest in and to the Service and the Service Materials, except for Your Content (as defined below) and except as otherwise expressly set forth in these Terms of Service. You shall not acquire any ownership rights whatsoever by downloading Service Materials or by purchasing any Virtual Currency or Virtual Goods (each as defined below).
6. User Content/Your Content
All User Content is the sole responsibility of the person from whom such User Content originated. E-Link has no obligation to review, evaluate or otherwise monitor any User Content for any quality, including but not limited to accuracy or legality. E-Link makes no warranties or other guarantees with respect to User Content and hereby disclaims any and all such warranties or guarantees.
Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with, the use of any User Content available in connection with the Service. E-Link shall not be liable in any way for any User Content made available via the Service, including but not limited to any errors or omissions in any such User Content or any loss or damage of any kind resulting from any use of such User Content. You may notify E-Link of User Content that you believe violates these Terms of Service, or other inappropriate user behavior, by contacting E-Link support at firstname.lastname@example.org.
Notwithstanding the foregoing, E-Link reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation Your Content) without notice for any reason or for no reason at any time.
You agree that Your Content is not confidential and will not be returned to you. You warrant that Your Content is original to you and that you own all rights to Your Content, including the right to grant all of the rights and licenses in these Terms of Service without E-Link incurring any obligations to any third party or liability arising out of its exercise of such rights and licenses.
You hereby grant to E-Link an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to E-Link the right to authorize others to exercise any of the rights granted to E-Link under these Terms of Service. You further hereby grant to E-Link the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in Your Content, regardless of whether Your Content is altered or changed in any manner.
E-Link does not claim any ownership rights in Your Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit Your Content. E-Link has no obligation to monitor or enforce your intellectual property rights in or to Your Content. E-Link has no obligation to accept, display, review, maintain or otherwise exploit any User Content.
7. Virtual Currency and Virtual Goods
The Service may include Virtual Currency and/or Virtual Goods. You have no right, title or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service except for the following: You will have a limited, personal, non-transferable, non-sublicensable, revocable license to use, solely within the Service, Virtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by E-Link. E-Link may manage, regulate, control, modify or eliminate Virtual Currency and/or Virtual Goods at any time, with or without notice. E-Link shall have no liability to you or any third party in the event that E-Link exercises any such rights.
The transfer of Virtual Currency and Virtual Goods is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Currency or Virtual Goods to any person or entity, including but not limited to E-Link, another User or any third party.
You understand and agree that all sales of Virtual Currency and Virtual Goods are final and non-refundable, unless E-Link (or the applicable third party platform provider) decides in its sole discretion to provide a refund. You agree that in the event that these Terms of Service, your Account, the Service as a whole or the applicable portion of the Service is terminated or discontinued for any reason, you will forfeit all Virtual Currency and Virtual Goods. E-Link will have no liability to you in connection with that forfeiture.
8. Restrictions and Rules
As a condition of your use of the Service, and without limiting your other obligations under these Terms of Service, you agree to comply with the restrictions and rules set forth in this Section as well as any additional restrictions or rules (such as application-specific rules) set forth in the Service itself.
You also agree to comply with all applicable laws or other rules regarding online conduct and acceptable User Content, and you agree to comply with all applicable laws or other rules regarding the transmission of technical data exported from the United States or the country in which you reside.
In addition, you agree not to use the Service or any portion of the Service to commit actions that E-Link considers, in its sole discretion, to be detrimental in any way to the Service or to any user’s enjoyment of the Service.
E-Link reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. E-Link reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service.
“Feedback” means any comments, suggestions or other feedback about, related to or in connection with, the Service that you provide to E-Link. You agree that any Feedback shall be the exclusive property of E-Link, and you hereby assign to E-Link all rights, title and interest in and to all Feedback. You agree that, unless otherwise prohibited by applicable law, E-Link may, without any compensation to you, use, sell and otherwise disclose or exploit the Feedback in any way and for any purpose.
10. Changes to the Terms of Service and the Service
Except as may be expressly specified otherwise by E-Link with respect to paid portions of the Service, E-Link reserves the right to add, change, suspend or discontinue the Service, or any aspect or feature of the Service, without notice or liability.
“E-Link,” the E-Link logo and other logos and product and service names are trademarks and service marks of, and are owned by, E-Link or the E-Link Parties. You may not use or display such trademarks in any manner, except as expressly set forth in these Terms of Service. All third party trademarks and service marks appearing on the Service are the property of their respective owners and all rights therein are reserved.
12. Links to Third Party Websites
The Service may contain links to third party websites or resources. E-Link may remove any such links at any time for any reason or for no reason. You acknowledge and agree that E-Link is not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, or services on or available from such websites or resources. Such links do not imply any endorsement by E-Link of, or relationship of E-Link with, such websites or resources or the content, products, or services available from such websites or resources. You shall have sole responsibility for and you assume all risk arising from your use of any such websites or resources.
E-Link may terminate these Terms of Service, your Account, your access to the Service, the Service itself or any portion of the Service at any time and for any reason. E-Link may also notify authorities or take any actions it deems appropriate (including without limitation suspending your Account and your access to the Service), without notice to you if E-Link suspects or determines that you may have failed to comply with any provision of these Terms of Service or any other E-Link policy or rule, or engaged in actions relating to or in the course of using the Service that may be illegal or cause liability, harm or other disruption for you, E-Link, any third party or the Service itself.
As the result of any termination, you will lose your Account and all associated information and data, which may include without limitation your game history, avatars, characters, achievements and Virtual Currency and Virtual Goods. You will not be entitled to and E-Link will not be liable to you or any third party for any refund, reimbursement or other liability as a result of any termination (by you or by E-Link) permitted under these Terms of Service for any reason. E-Link reserves the right in its discretion to refuse to maintain an Account for, or provide the Service to, any individual.
These Terms of Service will remain effective until terminated. You agree that the following sections of these Terms of Service will survive any termination of these Terms of Service, your Account or the Service:
Section 4 (Service Materials); Section 5 (Ownership); Section 6 (User Content/Your Content); Section 7 (Virtual Currency and Virtual Goods); Section 9 (Feedback), Section 11 (Trademarks); Section 12 (Links to Third Party Websites); Section 13 (Termination); Section 14 (Disputes Between You and Other Users), Section 15 (Indemnification); Section 16 (Disclaimers of Warranties); Section 17 (Limitation of Liability); Section 18 (Governing Law and Equitable Remedies); Section 19 and Section 19 (General Provisions).
14. Disputes between You and Other Users
You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through your use of the Service. E-Link reserves the right, but has no obligation, to monitor and manage disputes between you and other users of the Service. You will fully cooperate with E-Link to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting E-Link access to any password-protected portions of your Account. E-Link hereby disclaims any and all liability to you or any third party relating to any dispute between you and other users of the Service.
You agree to indemnify, defend and hold the E-Link Parties harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) due to or arising from information in your Account, any information you (or anyone accessing the Service using your Account) submit, post or transmit through the Service, as well as your (or anyone accessing the Service using your Account):
use of the Service
16. Disclaimer of Warranties
YOU AGREE THAT THE SERVICE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL USE OF THE SERVICE IS AT YOUR OWN RISK.
WITHOUT LIMITING THE FOREGOING, NEITHER E-Link NOR ITS AFFILIATES (DEFINED BELOW) OR SUBSIDIARIES, NOR ANY OF THEIR EMPLOYEES, DIRECTORS, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, THE “E-Link PARTIES”) WARRANT THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR (B) THE SERVICE MATERIALS OR USER CONTENT WILL BE VIEWABLE OR ACCESSIBLE OR (C) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. “AFFILIATE” MEANS ANY ENTITY THAT DIRECTLY OR INDIRECTLY CONTROLS, IS UNDER COMMON CONTROL, OR IS CONTROLLED BY E-LINK ENTERTAINMENT LTD., INCLUDING BUT NOT LIMITED TO E-LINK ENTERTAINMENT LTD.
17. Limitation of Liability
THE E-Link PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY E-Link PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE E-Link PARTIES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO E-Link IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANY AMOUNT TO E-Link DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND THE E-Link PARTIES’ EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH E-Link OR THE E-Link PARTIES IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
Some jurisdictions do not allow the exclusion 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. To the extent that E-Link or any other E-Link Party may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of E-Link’s and any E-Link Party’s liability shall be the minimum permitted under such applicable law.
18. Governing Law and Equitable Remedies
These Terms of Service and any claim related to these Terms of Service or to the Service itself will be governed by the laws of British Columbia and the federal laws of Canada without reference to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the provincial and federal courts located in British Columbia, Canada, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. The parties specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.
You acknowledge that your breach of these Terms of Service may result in immediate and irreparable harm to E-Link for which remedies at law are inadequate. Accordingly, E-Link shall be entitled to seek injunctive or other equitable relief (without the obligation to post any bond) in the event of any breach or anticipatory breach by you of these Terms of Service. You hereby irrevocably waive all rights to seek injunctive or other equitable relief.
19. Copyright Issues
E-Link respects the intellectual property of others and asks that users of E-Link’s games and services do the same. Accordingly, without limiting any other provision of these Terms of Service, you may not upload, post, send or transmit to or through the Service any materials that violate third party intellectual property rights.
If you believe that any copyrighted work owned by you has been copied or used in such a manner so as to constitute copyright infringement in connection with material or data provided through the Service, you may notify E-Link’s designated copyright agent for receiving claims of copyright infringement as follows:
E-Link Entertainment Ltd.
380 – 825 Homer Street,
Attention: Copyright Agent
Please note, however, that certain legal requirements and restrictions apply with respect to such notices. You are encouraged to familiarize yourself with such requirements and restrictions before providing to us any notices of alleged copyright infringement.
20. General Provisions
a. You agree to be responsible for obtaining and maintaining all mobile devices and any other equipment needed for access to and use of the Service, and all charges related thereto.
b. Upon E-Link’s request, you will provide to E-Link any documentation, releases or other materials necessary to verify your compliance with these Terms of Service.
c. The information and materials provided on the Service are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject E-Link to any registration requirement within such jurisdiction or country.
d. E-Link’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
e. The parties agree that if any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the court should give effect to the parties’ intentions as reflected in the provision and the other provisions of these Terms of Service shall remain in full force and effect.
f. You shall not assign these Terms of Service to another person or entity without E-Link’s prior written consent.
g. E-Link shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation any failure to perform hereunder due to acts of God, war, acts of civil or military authorities, terrorism, riots, embargoes, strikes, or energy shortages.
h. You agree that these Terms of Service will not be construed against E-Link by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of a requirement that these Terms of Service must be signed.
21. Change Log
Effective Date: August 12, 2015
To contact E-Link, please email E-Link support at email@example.com.