EpicPull

Legal

Terms & Conditions

Last Updated: May 21, 2024

These Terms of Service (the “Terms”) are a legal contract between ZenCard Co. (dba EpicPull) and its affiliates, (collectively, “Company”, “we” or “us”) and “you” (“your,” or “User”). The Terms explain how you are permitted to use the services provided by and through our platform, website(s), our associated internet properties (either linked by Company and/or by affiliated companies) and any software that Company may provide to you for download, including in your mobile devices (our “App(s)”) (all of these virtual properties and mobile applications, collectively, the “Site”). These Terms also govern your use of all the text, data, information, software, analytics, graphics, proprietary content and more (all of which we refer to as “Materials”) that we and/or our affiliates may make available to you, as well as any services we may provide through the Site. Collectively, the Site, the Materials, and the services provided by the Company are referred herein to as the “Service”.

USING THE SERVICE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE. THESE TERMS APPLY TO ALL VISITORS, CUSTOMERS, USERS, AND OTHERS WHO ACCESS THIS SERVICE.

These Terms contain a dispute resolution and arbitration provision (See Section 17, including a class action waiver that affects your rights. This section applies to the extent applicable in your jurisdiction.

1. MODIFICATIONS AND ADDITIONAL TERMS.

(a) Changes to these Terms. Company can change, update, add or remove provisions of these Terms at any time by posting the updated Terms on the Site and by providing a notice on the Service. We will ask for your express consent to the updated Terms when and where we are legally required to do so. If you do not agree with any of the updated Terms, you must stop using the Service. Continued use of the Service following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications. Unless otherwise required by law, the updated Terms are effective as of the day of posting.(b) Changes to the Service. Company may make changes to the Service at any time, without notice to you. If you object to any changes to the Service, your sole recourse will be to cease using the Service. Continued use of the Service following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Service as modified. We also reserve the right to discontinue the Service, or any component of it, at any time without notice to you. We will not be liable to you or any third- party should we exercise our right to modify or discontinue the Service. (c) Additional Terms. In addition, certain features of the Service may be subject to additional legal terms of use (“Additional Terms”), which shall be provided to you at the moment you choose to use such features or services. By using such features, or any part thereof, you agree to be bound by the Additional Terms applicable to such features. In the event that any of the Additional Terms governing such features conflict with these Terms, the Additional Terms will govern.

2. PRIVACY.

Please review our privacy policy (the “Privacy Policy”) which explains how we use any personal information that you submit to Company. The Privacy Policy is hereby incorporated by reference.

3. CONTRACTUAL RELATIONSHIP.

By using the Service, you represent that you are at least 18 years of age, or that you are of age under the laws of your jurisdiction, and lawfully able to enter into contracts. If you are under 18 years of age or not legally able to enter into contracts in your place of residence, you must have the permission of your parents or legal guardians to use the Service. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available and may assist you in limiting access to material that is harmful to minors. If you are entering into these Terms on behalf of a business entity or organization, you represent and warrant that you have the legal authority and capacity to bind such business entity or organization. If you are not authorized nor deemed by law to have such authority, you assume sole personal liability for the obligations set out in these Terms. Your access to and use of the Service is subject to your continued compliance with these Terms and all applicable laws. If you breach these Terms, your right to access and use the Service will terminate immediately, without any further action by Company, except for those obligations expressly described by the Company in these Terms.

4. THE SERVICE AND LICENSE TO USE IT.

The Service includes an integrated, software-as-a-service platform that enables You to purchase digital collectibles and/or intangible assets and transfer them to your Third Party Accounts (defined below). For as long as you agree to these Terms and abide by them, you may use the Service. These Terms apply to all users of the Service, including visitors and Registered Users. The Service is licensed, not sold, to you. The Service is protected by copyright laws throughout the world. Subject to your agreement, and continuing compliance with these Terms, Company grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to use the Service solely for your own individual, non-commercial purposes only. You agree not to use the Service for any other purpose. All rights not expressly granted to you in these Terms are reserved and retained by Company and/or its licensors. The licenses granted by Company terminate if you do not comply with these Terms and/or any other Service terms and conditions. By using the Service, you represent that you are not a person barred from using the Service under the laws, rules and regulations of the United States of America, your place of residence or any other applicable jurisdiction. No other rights, assignment, licenses or legal relationship of any nature, including, but not limited to, agency, partnership, joint-venture, employer- employee, franchisor-franchisee or otherwise, either express or implied, are created through your use of the Service unless expressly set forth in these Terms.

5. REGISTRATION AND ACCOUNTS.

Visitors and guests may browse the Site in accordance with these Terms, but will not have full access to the Service without first becoming Registered Users. In order to access certain features of the Service you may be required to become a Registered User. A “Registered User” is a user who has registered an account with us (your “Account”). Please refer to our Privacy Policy for more details about submitting information to us. In registering for the Service, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify Company immediately of any unauthorized use of your password or any other breach of security at support@epicpull.gg. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your Account. Company will not be liable for any losses caused by any unauthorized use of your Account. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). You agree not to create multiple accounts and if you do so, Company has the right to suspend or terminate your Account, refuse any and all current or future use of the Service (or any portion thereof) and charge. Company also has the right to claim compensation from you for losses incurred due to the creation of multiple accounts, and these losses include but are not limited to the excessive amount of in-game currency obtained through campaign abuse and labor costs and opportunity losses associated with handling multiple accounts. You agree not to create an Account using a false identity or information. If applicable, Company shall be entitled to monitor your username and password and, at its discretion, require you to change it. You agree not to register for an Account on behalf of an individual other than Yourself or register for an Account on behalf of any group or entity unless you are authorized to bind such person, group, organization, or entity to these Terms. By registering another person, group, organization, or entity you hereby represent that you are authorized to do so. You agree not to create an Account or use the Service if you have been previously removed by Company, or if you have been previously banned from any of the Company properties.

6. THIRD PARTY ACCOUNTS AND SITES.

When you sign up for or use our Service, you may give us permission to access your information in other services. For example, you may link gaming or social media accounts that connect to our Service (each such account, a “Third-Party Account”), which allows us to obtain information from those accounts (like your full name and email). The information we get from those services often depends on your settings or their privacy policies, so be sure to check what those are. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD- PARTY SERVICE PROVIDERS, AND COMPANY DISCLAIMS ANY LIABILITY FOR PERSONAL INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. ANYTHING THAT HAPPENS IN YOUR THIRD-PARTY ACCOUNT IS BETWEEN THAT PROVIDER AND YOU. The Service may be linked to other websites that are not Company properties (collectively, “Third-Party Sites”). You acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than Company, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third-Party Sites. Company does not verify, make any representations or take responsibility for any Third-Party Site, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third- Party Sites. YOU AGREE THAT COMPANY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Service to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply Company's endorsement or recommendation.

7. PAYMENTS, REFERRAL PROGRAM AND ACCOUNT CANCELLATIONS.

By registering for an Account, you obtain access to the Service. The rights and privileges provided under your Account are personal and non-transferable. There is no cost associated with registering for an Account with us and/or using the Service. You will only pay for the intangible assets that you process or purchase within the Service. You agree to pay any applicable fees related to Your use of the Service as further described on our Purchase Terms. By providing a payment method, You expressly authorize Us to charge the applicable fees on said payment method as well as any applicable taxes, all of which depend on Your use of the Service. We understand that You might cancel Your account at any time, but please know that you will be subject to the terms indicated in our Purchase Terms. You agree that, if applicable, We may charge any unpaid fees to the payment method You provided and/or send You a bill for such unpaid fees. If applicable, You agree and consent to Company’s use of third-party payment providers for billing and processing online payments. We reserve the right to modify applicable costs, commissions and/or prices at any time and we do not provide price protection or refunds in the event of promotions or price decreases. You may cancel your Account at any time by contacting us at support@epicpull.gg. If intangible assets exist in your account at the time of such termination, your intangible assets will be automatically disposed of at the time you agree to the termination. Company bears no liability for any compensation regarding the intangible assets disposed of as a result of the account termination.

8. OUR INTELLECTUAL PROPERTY RIGHTS.

The resources, attributes, and capabilities of the Service, encompassing but not restricted to, data, software, written content, visual representations, trademarks, graphical interfaces, photographs, auditory segments, video segments, data organizations, analytical tools, and aesthetic composition, along with their selection and configuration, constitute the sole possession of the Company, our license providers, or other content contributors, safeguarded by the laws of the United States and international statutes concerning copyright, trademarks, patents, secrets of trade, and other laws governing intellectual or ownership rights, and are not to be employed or leveraged in any manner without the express written approval from us. The Company is the sole and exclusive holder of all rights to intellectual property inherent in, utilized by, or related to our offerings, solutions, and infrastructures, including any enhancements or derivatives thereof. No ownership, claim, or stake in the Service or any Content is conferred upon you, and all rights not explicitly bestowed are withheld. Any utilization of the Service not directly authorized by these Terms might constitute a violation of these Terms and infringe upon copyright, trademark, and additional intellectual property regulations. Beyond the intellectual property rights specified herein, for the purposes of these Terms, "Content" further includes all details such as the "appearance and atmosphere" of the Service, including data compilations, graphical elements, texts, analytics, weblogs, images, sketches, emblems, audiovisuals, and music and video files available through the Service. The Company makes diligent efforts to verify that the Content is precise and comprehensive, yet your engagement with the Service is solely at your discretion.

We do not assert or imply possession of any non-material assets you might obtain or procure via the Service.

9. UNAUTHORIZED ACTIVITIES & RULES OF CONDUCT.

Engaging with the Service in unauthorized ways may breach various laws in the United States and globally. Therefore, You are expressly prohibited from employing the Service for purposes including, but not limited to, the following (note that the following list is illustrative and not exhaustive of all prohibited actions):

- In any way that infringes upon any local, state, federal, international, or other laws, regulations, rules, orders, treaties, or legal mandates;

- To pursue, intimidate, or inflict harm upon another person;

- To falsify your identity or affiliation with any individual or organization;

- To copy or print any of the Content, except for your own personal, non-commercial usage, while ensuring that all trademarks, copyrights, and other ownership notices on such Content remain intact;

- To replicate, download, modify, translate, augment, distribute, transmit, publish, exhibit, reveal, store, upload, broadcast, or commercialize, sublicense, catalog, or utilize any portion of the Service or its content through any means without our explicit, prior written approval;

- To delete, alter, evade, obstruct, interfere with, or circumvent any copyright, trademark, or ownership notices on the Content or any copyright protection mechanisms, devices, or measures through any methods;

- To replicate, encase, harvest data, or create deep links to any part of the Service, or to access any Content through unauthorized technology or methods not provided or sanctioned by us;

- To access the Service through any automated mechanisms, including but not limited to, “robots,” “spiders,” “offline readers,” etc., or to undertake actions that place an undue or disproportionately large strain on our infrastructure, as solely determined by us;

- To deliberately or negligently introduce faulty data, viruses, worms, Trojan horses, or other harmful or benign software agents to the Service, or to meddle with, debilitate, compromise, assault, exploit or infiltrate the Company's system or network, or to attempt to disrupt or undermine the integrity or security of Company or any linked networks, or act in any way that affects the proper functioning of the Service or any user’s enjoyment of it;

- To circumvent any measures we may employ to prevent or limit access to or use of the Service, including hacking into secured or private areas of the Service, evading any geo-restriction mechanisms, or similar actions;

- To use the Service for gathering any personally identifiable information, including account details and email addresses, or for any commercial solicitation purposes without our express, prior written consent;

- To attempt to decompile, disassemble, reverse engineer, or derive the source code, techniques, methods, processes, or infrastructure of the Service, to create derivative works from the Content, regardless of whether the derivative materials are intended to be distributed freely or not, or to otherwise build a business utilizing any element of the Service;

- To use the Service to upload or display any content that is false, defamatory, libelous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic, or in any way offensive, inappropriate, harmful, unlawful, disruptive, or damaging;

- To employ the Service in a manner that violates the legal rights of the Company or any other individual (including rights of publicity and privacy), contains material that could result in civil or criminal liability under applicable laws or regulations, or otherwise encourages, supports, or assists any illegal activities or unlawful acts;

- To utilize the Service in a way that infringes upon any patents, trademarks, trade secrets, copyrights, contracts, or other intellectual or proprietary rights of the Company or any other party;

- In connection with any illegal contests, lotteries, gambling; pyramid schemes, chain letters, junk mail, spamming, or any repetitive or unsolicited messages (commercial or otherwise);

- To create and/or use multiple accounts to bypass restrictions imposed by the Service, including exploiting referral links;

- To use the Service in attempts to harm or exploit minors by exposing them to unsuitable content, soliciting personally identifiable information, or otherwise;

- Or to engage in any other activities deemed objectionable by the Company, at its sole discretion.

You commit to engaging legal representation to defend Us should Your actions breach these Terms, causing repercussions for Us. Moreover, You consent to covering any damages We might incur due to Your infringement. The responsibility for any breach of these Terms by You falls solely on You.

We retain the exclusive right to manage and lead the defense of any issue that would otherwise require Your indemnification, and in such instances, You are to aid in Our defense against such claims. While We reserve the authority to probe any breaches of these Terms or misuse of the Service, We are not obligated to do so. We may monitor any forbidden activities, conduct investigations, and/or impose suitable measures at Our discretion against you.

Should You contravene this Section 9, any other segment of these Terms, or otherwise burden Us or others, including causing reputational damage, We may, in addition to the aforementioned remedies and without restriction, terminate or suspend Your Account or Your access to the Service or parts thereof at any moment, with or without prior notice. Legal measures to assert Our rights, along with notifying relevant law enforcement, regulators, or other pertinent entities, might also be taken. WE NOTIFY LAW ENFORCEMENT ABOUT SUSPECT OR UNLAWFUL ACTIVITIES.

Our reporting may involve sharing necessary user information. We may also collaborate with suitable law enforcement bodies, regulatory authorities, or other relevant entities to facilitate the investigation and prosecution of unlawful actions by divulging information concerning alleged breaches of this Section 9 or these Terms.

In line with our Privacy Policy, your information may also be disclosed and/or utilized to safeguard the safety, rights, property, or security of the Company, our services, any third party, or the public; to detect, prevent, or address fraud, security, or technical issues; to halt any conduct that the Company, at its sole discretion, deems or suspects to be illegal, unethical, or subject to legal action; to serve as evidence in legal proceedings; to carry out audits; and/or to enforce our Terms.

10. USER SUBMISSIONS.

Should we choose to allow user-generated content, you may have the chance to publish, send, or post reviews, feedback, or other materials on the Service, known collectively as "User Submissions." Some User Submissions may be public. By providing User Submissions, you assert that (i) you are the creator and owner of or have the necessary permissions to post the content, and (ii) the content does not infringe on the rights of others or violate any laws, our Terms, or any other policies we have. While we do not claim ownership of User Submissions, by posting, you grant us and others a global, non-exclusive, free license to use, modify, and distribute your content in any media, for any purpose, without needing further permission or offering you compensation. Except as prohibited by law, You waive, and You agree to waive any moral rights(including attribution and integrity) to User Submissions, even if they are altered in ways you do not approve.To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. You agree to pay all royalties, fees and other monies owing to any person or entity by reason of the User Submissions that you post on the Service.

We reserve the right, at our sole discretion, to reject, modify, or delete any user contributions without prior notification for any reason, including but not limited to our assessment that such contributions might infringe on these Terms or could be deemed offensive. Should we decide to accept user contributions, it is within our rights, though not our duty, to oversee, evaluate, filter, post, eliminate, refuse, alter, and retain all user contributions shared on the Service, at any moment and for any cause, without issuing a notice, especially to verify compliance with these Terms. We do not sponsor any user contributions, and such contributions do not represent our beliefs, perspectives, or guidance. You bear sole responsibility for your user contributions and the implications of disseminating and publishing them, acknowledging that we serve merely as an inactive channel for your digital dissemination and publication of your user contributions. We are absolved of all responsibility and deny all liability for any user contributions published or transmitted by you, another user, or any third party on or through the Service, and we also deny liability for any actions or lack thereof related to any transmissions, communications, or content provided by any user or third party. The Company is under no obligation to preserve any user contribution following the termination of the Service. Despite our policies regarding user contributions, you might encounter material on the Service that is incorrect, offensive, unsuitable for minors, or otherwise not aligned with your objectives or in breach of our Terms. We disclaim all responsibility and explicitly reject any liability connected to your exposure to user contributions on the Service, whether they breach our Terms or not. If and to the extent we choose to allow user contributions, we advise you to carefully select the information you share on the Service and with other users. Sharing personal details such as your full name, phone number, home address, email address, or any information that could reveal your identity to unknown individuals or expose you to identity theft is discouraged. You accept all risks linked with interactions with other users you may engage with through the Service, and to the extent permitted by law, you absolve us from any claims or liabilities related to any user contributions on the Service and from any claims concerning the behavior of any users. If you reside in California, you renounce California Civil Code § 1542, which states: "A GENERAL RELEASE DOES NOT COVER CLAIMS THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE EXECUTION OF THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

11. FEEDBACK.

Any comments, questions, suggestions, or materials regarding the Service from You to Us (collectively, “Feedback”) through any communication whatsoever (e.g., call, email) will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant Us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as We may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.

12. INTELLECTUAL PROPERTY INFRINGEMENT.

We respect the intellectual property rights of others and encourage You to do the same. Accordingly, We have a policy of removing any content that violates intellectual property rights of others, suspending access to this Service (or any portion thereof) to any user who uses this Service in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses this Service in violation of someone’s intellectual property rights. Pursuant to Title 17 of the United States Code, Section 512, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If You believe Your copyright or other intellectual property right is being infringed by a user of this Service, please provide written notice to Our Agent for notice of claims of infringement at DMCA Agent; Email: support@epicpull.gg

To be sure the matter is handled immediately, Your written notice must:

- Contain Your physical or electronic signature;

- Identify the copyrighted work or other intellectual property alleged to have been infringed;

- Identify the allegedly infringing material in a sufficiently precise manner to allow Us to locate that material;

- Contain adequate information by which We can contact You (including postal address, telephone number, and e-mail address);

- Contain a statement that You have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;

- Contain a statement that the information in the written notice is accurate; and

- Contain a statement, under penalty of perjury, that You are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.

Submitting a DMCA Counter-Notification

If the content removed belongs to you, We will notify You that We have removed or disabled access to copyright-protected material that You provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, You may provide Our Agent with a written counter-notification that includes the following information:

1. Your physical or electronic signature;

2. 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;

3. A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

4. Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which We may be located, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

We reserve the right, in Our sole discretion, to terminate the account or access of any user of this Service who is the subject of repeated DMCA or other infringement notifications.

13. TERM AND TERMINATION.

These Terms commence on the date when you start using the Service and remain in full force and effect while you use the Service, unless terminated earlier in accordance with the Terms. If you want to terminate the Service, you may do so by (a) notifying Company at any time; (b) closing your Account in accordance with the established procedure; and/or (c) if you are a visitor, stop visiting the Site. For information on the voluntary procedure of closing your Account, please contact us at support@epicpull.gg. We reserve the right to terminate or suspend your account or access to the Service at any time and for any reason. It is within our sole discretion and determination to terminate your Account for what we deem to be a violation or breach of these Terms. In the event that we terminate or suspend your Account, you will have no further access to your Account or anything associated with it. Termination of the Service includes (i) automatic termination of all licenses and you must immediately destroy any downloaded or printed materials (including software); and (ii) deletion of your password and related information, files and content associated with or inside your Account (or any part thereof), including User Submissions, except to the extent of any surviving licenses or applicable record retention requirements. Company will not have any liability whatsoever to you for any suspension or termination, including for deletion of User Submissions. All provisions of the Terms, which by their nature should survive, shall survive termination of the Service, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability. You may close your Account by emailing us at support@epicpull.gg. We will proceed to close your Account and send you an email confirmation. Please refer to Section 7 for cancellations. If you have intangible assets in your Account at the time of such termination,your intangible assets will be automatically disposed of at the time you agree to the termination as indicated on our Purchase Terms.

14. DISCLAIMER OF WARRANTIES.

You use the Service at your own risk. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY (ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ASSOCIATES, PARTNERS, LICENSORS AND SUPPLIERS) DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. COMPANY DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT ALL DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT THAT THE FUNCTIONAL ASPECTS OF THE SERVICE OR THE MATERIALS WILL BE ERROR FREE OR THAT THE SERVICE, THE MATERIALS OR THE PLATFORM THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE MATERIALS OR ABOUT RESULTS TO BE OBTAINED FROM USING THE SERVICE. YOU BEAR THE ENTIRE RISK OF THE COMPLETENESS, ACCURACY OR USEFULNESS OF ANY MATERIALS FOUND ON THIS SERVICE. COMPANY RESERVES THE RIGHT TO WITHDRAW, TEMPORARILY OR PERMANENTLY, ANY MATERIALS FROM THE SERVICE AT ANY TIME AND FOR ANY REASON AND SUCH REMOVAL MAY BE IMMEDIATE AND WITHOUT NOTICE. AS AN EXPRESS CONDITION TO YOUR USE OF AND ACCESS TO THE SERVICE, YOU ACKNOWLEDGE, AGREE AND CONFIRM THAT COMPANY IS NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SUCH WITHDRAWAL. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE (INCLUDING ANY NETWORKS AND SERVERS USED TO PROVIDE ANY PART OF THE SERVICE). WE WILL MAKE REASONABLE EFFORTS TO ENSURE THAT REQUESTS FOR ANY AVAILABILITY OF OR ELECTRONIC MOVEMENT OF INTANGIBLE ASSETS ARE PROCESSED IN A TIMELY MANNER, HOWEVER WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE PROCESSING, ESPECIALLY WHERE SUCH PROCESSING INCLUDES FACTORS OUTSIDE OF OUR CONTROL, OR WHOSE CONTROL IS UNDER THIRD-PARTY SYSTEMS, SUCH AS THIRD PARTY MARKETPLACES, AVAILABILITY OF OTHER SITES OR INTANGIBLE ASSETS PROVIDERS, ELECTRONIC BILLING OR EXTERNAL PAYMENT SYSTEMS, OR ACCREDITATION OF PAYMENTS OR TRANSFERS IN ANY FORM OF ELECTRONIC MONEY NOT DENOMINATED IN THE SERVICE.

15. LIMITATION OF LIABILITY.

COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, REMOTE 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 OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. To the extent that Company may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth in these Terms, the scope of such warranty, and the extent of Company’s liability, shall be the minimum permitted under such applicable law. Nothing in these Terms shall affect your legal rights as a consumer or exclude or limit any liability, which cannot be legally excluded, or limited.

16. INDEMNITY.

You agree to indemnify and hold Company, its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (collectively, the “Indemnitees”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your User Submissions; (b) your use of, or inability to use, the Service; (c) your violation of the Terms; (d) your violation of any rights of another party, including any users; or (e) your violation of any applicable laws, rules, regulations or policies . Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Service.

17. DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.

Please read this carefully. If you are a resident of the United States of America, this affects Your rights. Otherwise, this Section applies to the extent applicable in your jurisdiction.

(a) Applicable Law.

These Terms will be subject to and construed in accordance with the laws of the State of California, United States of America, excluding its rules regarding conflicts of law. You agree that any claim or dispute You may have against Company must be resolved exclusively by a state or federal court located in the State of California, except as prohibited by law, as otherwise agreed by the parties or as described in the Arbitration subsection below. You agree to submit to the personal jurisdiction of the courts located in California for the purpose of litigating all such claims or disputes.

(b) Dispute Resolution.

Before either party may seek arbitration as provided below, the party must first send to the other party a written notice of dispute (“Notice") describing the nature and basis of the claim or dispute, and the requested relief. After the Notice is received, You and Company may attempt to resolve the claim or dispute informally. If You and Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding as provided below.

(c) Arbitration.

You agree that, to the extent that the Law permits, Company may elect to resolve the dispute in a cost-effective manner through binding arbitration (including non- appearance-based arbitration), except that you may assert claims in small claims court if your claims qualify. You have the right to opt-out of this provision, which means you would retain your right to litigate your disputes in a court, either before a judge or, if applicable, a jury. You must opt-out of these arbitration procedures within 30 days from the date that you first consent to these Terms (the “Opt-Out Deadline”). You may opt out of this provision by mailing written notification to ZenCard Co., TKK Shimbashi Bldg. 8F, 1-17-8, Shimbashi, Minato-ku, Tokyo-to, 1050004, Japan. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Company through arbitration. Your decision to opt-out of this Arbitration provision will have no adverse effect on your relationship with Company. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court. In the event Company elects arbitration, You hereby agree to move any claims to the exclusive jurisdiction of an arbitration procedure, which shall be initiated through the American Arbitration Association or another established alternative dispute resolution provider (collectively, “ADR”) chosen by Company. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, in which case the location of the arbitration shall be Fulton County, Delaware, and (iii) the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Arbitration expressly excludes claims for injunctive or other equitable relief. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to these Terms.

(d) Waiver of Jury Trial.

EXCEPT AS PROHIBITED BY LAW, YOU HEREBY WAIVE YOUR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. In the event any litigation should arise between You and Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

(e) Waiver of Class or Consolidated Actions.

EXCEPT AS PROHIBITED BY LAW, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. TO THE EXTENT THAT THE LAW PERMITS, EACH PARTY WAIVES THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION, EITHER AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE.

18. ELECTRONIC COMMUNICATIONS.

The communications between you and Company use electronic means, whether you visit the Site, send Company emails, or use the Service or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (1) consent to receive communications from Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. Where Company requires that you provide an email address; you are responsible for providing Company with your most current email address. In the event that the last email address you provided to Company is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Company’s dispatch of the email containing such notice will nonetheless constitute effective notice. We are not responsible for any automatic filtering you or your network or email provider may apply to communications we send to an email address that you provide to us.

19. CONSUMER NOTICE.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Service is provided by ZenCard Co. If you have a question or complaint regarding the Service, please contact Company’s Customer Service at support@epicpull.gg; Attention: Customer Service. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

20. GENERAL.

These Terms together with our Privacy Policy, and any Additional Terms that we may make available from time to time through our internet properties, constitute the entire agreement between you and Company regarding your use of our Service and supersede and replace any prior written or oral agreements regarding the foregoing. Our failure to exercise or enforce any right or provision in these Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Neither the rights nor obligations arising under these Terms are assignable by you. Any such attempted assignment or transfer shall be void and without effect. We may assign these Terms without restriction.

21. CONTACT US.

If you have any questions about these Terms or otherwise need to contact Company for any reason, you can reach us at support@epicpull.gg.

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