Terms and Conditions
Last Updated: January 31, 2022
EpochalStorm Games Srl is a provider of mobile and online services in the form of our mobile and web-based applications (the “Applications”), our website (www.epochalstorm.com) and its subdomains (the “Website”), our pages or presence on third party websites (e.g., Facebook) (the “Third Party Platforms”) and other platforms, websites products, offers and services that we offer from time to time, all of which together we refer as “Services” or “Service”.In the present case, the Application we refer to is based on a copyright-free popular game called "Scopa".
PLEASE NOTE THAT YOU ARE ONLY ALLOWED TO USE THIS APPLICATION IF YOU ARE 18 YEARS OF AGE OR OLDER.
By using this Application and any of its features, you are agreeing to these Terms and Conditions and to the Privacy Policy. These Terms and Conditions and the Privacy Policy contain very important information regarding the use of the Services, the Website and the Application.
Please read all of these documents carefully and review them periodically.
By using our Application, you are agreeing to the Terms of Use and to the Privacy Policy.
IF YOU DO NOT CONSENT TO THE PRIVACY POLICY OR THESE TERMS THEN DISCONTINUE USE OF THE APPLICATION IMMEDIATELY.
THE SERVICES AND APPLICATION PROVIDED BY EPOCHALSTORM GAMES ARE SOCIAL GAMING AND ARE INTENDED FOR AMUSEMENT AND ENTERTAINMENT ONLY. THE SERVICES AND APPLICATION ARE NOT GAMBLING. NO MONEY IS REQUIRED TO PLAY OUR GAMES AND NOTHING OF VALUE CAN BE WON BY PLAYING THE GAMES.
AS AN ELEMENT OF THE GAMES, YOU CAN OBTAIN VIRTUAL CURRENCY TO PLAY THE GAME. THE GAME CURRENCY CAN BE PURCHASED FOR REAL MONEY OR WON DURING GAMEPLAY, BUT IT HAS NO CASH VALUE. YOU MAY NOT SELL, TRADE, TRANSFER, CASH OUT, REDEEM OR IN ANY OTHER WAY EXCHANGE THE VIRTUAL IN-GAME CURRENCY FOR REAL MONEY OR FOR ANY REAL GOODS.
EPOCHALSTORM GAMES DOES NOT PROVIDE ANY PRIZES, COMPENSATION OR ANY REMUNERATION OF ANY MONETARY OR CASH VALUE.
THE APPLICATION IS NOT INTENDED FOR DISTRIBUTION TO OR USE BY ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO LAW OR REGULATION OR WHICH WOULD SUBJECT EPOCHALSTORM GAMES TO ANY REGISTRATION REQUIREMENT WITHIN SUCH JURISDICTION OR COUNTRY, AND THE USE OF THE APPLICATION IS UNAUTHORIZED IN ANY SUCH JURISDICTION OR COUNTRY. YOU AGREE NOT TO ACCESS OR USE THE APPLICATION IN ANY SUCH JURISDICTION OR COUNTRY. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE USE OF THE APPLICATION IS LAWFUL IN THE JURISDICTION OR COUNTRY WHERE YOU ARE LOCATED.
- Introduction. The terms "you" and "user" shall refer to all individuals and entities that access the Application. You represent and warrant that you have the right, authority and capacity to accept these Terms and to abide by them and that you have fully read and understood the Terms.
- Modifications to these Terms. From time to time, we may modify or amend these Terms. If we do so, we will post any such modifications or changes in the Application. You can tell when changes have been made by referring to the "Last Updated" legend on top of this page. Please review these Terms regularly to ensure that you are aware of any changes. If you continue to use the Application following such a posting of changes, you accept any such change or modification. If you have any questions about these Terms and/or the Privacy Policy, please see our contact information in the last section of these Terms.
- Eligibility. Use of the Application is subject to your continued compliance with these Terms. You are only allowed to use the Application if you have reached the age of 18 years. By accessing or using the Application you represent and warrant that you have reached at least 18 years of age and that you agree to be bound by these Terms. You undertake to monitor your User Account to restrict use by minors.You accept full responsibility for any unauthorized use of the Service by minors and you acknowledge that you are responsible for any use of the Service, including use of your credit card or other payment instrument by minors.
- Purchases; Game Currency; NO REFUNDS. Certain features of the Service may be subject to a fee, which can change over time (higher, lower or both). Application features may include the possibility to purchase upgrades (such as access to certain elements in the Service) or to purchase virtual currency to play a game (“Game Currency”). Applicable fees are displayed in the Service in connection with the respective feature of the Service. We reserve the right to change the pricing for the goods and services offered through the Service, including the Game Currency, at any time.
- Third Party Material The Application contains links to websites, services and content owned and/or operated by third parties, for instance third parties who may invite you to participate in promotional offers or rewards programs or third-party advertisers, affiliate advertising networks or payment providers. Any separate charges or obligations that you may incur in your dealings with these third parties are your sole responsibility. We are not responsible for any such third-party websites, services or content and do not have control over any materials made available therein. Our inclusion of a link to a third-party website, services or content in the Application does not in any way imply our endorsement, advertising, or promotion of such websites, services or content or any materials made available therein. By accessing a third-party website, services or content you accept that we do not exercise any control over such websites, services or content and have no responsibility for them. The third-party sites may collect data or solicit personal information from you. We are not responsible for privacy policies, or for the collection, use or disclosure of any information those sites may collect. We encourage you to familiarize yourself with the terms of service and privacy policy applicable to any third-party website, services or content you may access. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party products, services, materials or websites. Please note that the applicable third party is fully responsible for all goods and services it provides to you and for any and all damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part.
- Intellectual Property These Terms confer only the right to use the Application, while these Terms and the specified licenses are in effect, and they do not convey any rights of ownership in or to the Application. All right, title and interest, including without limitation any copyright, patent, trade secret or other intellectual property right in the Application will remain our sole property. EpochalStorm Games retains all right, title and interest in and to the Application and any content available therein, including, but not limited to, any features, titles, source and object codes, game client and server software, other computer codes and software, User Accounts, themes, objects, characters and character likenesses, character names and character profile information, stories, dialogue, catch phrases, locations, artwork, animations, sounds, musical compositions, audio-visual effects, concepts and methods of operation, layout, text, data, files, images, graphics, the “look and feel” of the Application, documentation, gaming history and recording of game play, transcripts of any chat rooms, and moral rights, whether registered or not, and all services thereof. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE USER ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE USER ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF EPOCHALSTORM GAMES. YOU AGREE THAT YOU HAVE NO RIGHT OR TITLE IN OR TO ANY CONTENT THAT APPEARS IN THE APPLICATION, INCLUDING WITHOUT LIMITATION THE GAME CURRENCY, WHETHER EARNED IN A GAME OR PURCHASED FROM EPOCHALSTORM GAMES, OR ANY OTHER ATTRIBUTES ASSOCIATED WITH A USER ACCOUNT OR STORED ON THE APPLICATION.
- Promotions, Sweepstakes, Contests and the Like. Except where prohibited by law, EpochalStoorm Games may, from time to time, offer promotions, sweepstakes, contents, special offers, coupons or vouchers. These promotions will typically be offered under their own terms and conditions, available on the Website. No user of the Application is required to engage with or participate in any promotion. Pursuant to the Privacy Policy, we will not contact you by email regarding promotions unless you have given us consent to contact you by email (for example, by giving us consent to contact you with updates from EpochalStorm Games). Except where prohibited by law, EpochalStorm Games may also offer, from time to time, promoted features, offers, gifts, prizes or other incentives to certain users of the Application. These extras are solely at EpochalStorm Games’s discretion. No user is required to accept any extras. The extras are given out uniquely to specific users and cannot be transferred, assigned or otherwise redeemed by anyone other the user to whom the extras were granted. As a condition of receiving an extra, a user may be required to comply with specific terms and conditions for extras as well as to sign a release or waiver. If a promotion or extra involves a user receiving Game Currency or similar credits within an Application, such promotion and/or extra is not redeemable for cash or other real world products or services.
- User Content and Responsibility for User Content You are solely responsible for any text, communications, images, and other data, information and content that you submit in the Application, or transmit to other users of the Application, that is, the User Content. You are responsible for complying with all laws applicable to this User Content. You agree not to submit to the Application, or transmit to other users of the Application, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, or rights of privacy or publicity). You will not provide inaccurate, misleading or false information to us or to any other user of the Application. If information provided to us, or another user of the Application, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. We may, in our sole discretion and without notice, review and delete any User Content, but are under no obligation to do so. We have no responsibility for the conduct of any user in the Application, including any User Content submitted in the Application. We assume no responsibility for monitoring the Application for inappropriate content or conduct. Your use of the Application is at your own risk. We may, however, in our sole discretion and without notice, take actions against any offending user, inhibiting those features which permits the submission of any content or resolving the binding license between EpochalStorm Games and the offender, who will NOT be refunded. You hereby grant us the sole and exclusive, irrevocable, sub-licensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display and use any User Content and to incorporate the same in other works in any form, media, or technology now known or later developed. You further hereby grant to us 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 or your User Account, 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 User Content, regardless of whether your User Content is altered or changed in any manner. You acknowledge and agree that all User Content whether publicly posted or privately transmitted to the Application is at your sole responsibility and risk. We disclaim any responsibility for the backup and/or retention of any User Content transmitted to the Application.
- Prohibited Content The following types of User Content are examples of User Content that is prohibited in the Application:
- User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Harassing User Content;
- "Junk mail", "chain letters," or "spam";
- User Content that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; and
- User Content of commercial nature without authorization from us.
- User Submissions You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, bug reports or other information about the Application ("Submissions") provided by you are non-confidential and shall become our sole property and you assign all rights in these Submissions to us. We manage the Submissions pursuant to our Privacy Policy. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you, excepting that to the extent that any Submissions include personal data that is protected by law, such personal data will also be subject to our Privacy Policy requriements.
- Interactions with Other Users You agree that all your communications within any forums or chat areas in the Application are public, and you have no expectation of privacy regarding your use of such forums or chat areas.
- Application Usage Information You acknowledge and agree that we may use, track, store, copy, distribute, broadcast, transmit, publicly display and perform, reproduce, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit:
- (i) your scores from any Application;
- (ii) your Game play sessions;
- (iii) your presence on the Service;
- (iv) the time that you spend on or within particular portions of the Service;
- (v) rankings, statistics and user profiles; and
- (vi) other Service usage information, in any media now existing or hereafter developed, and that all of the above are our sole and exclusive property and may be used by us (and our affiliates, partners, licensors and licensees and other third parties authorized by us) for any purpose, including for commercial or promotional use, if you gave us your consent for such commercial or promotional uses.
- Prohibited Activities The list below contains examples of behaviors that are prohibited in the Application:
- Impersonating another person or entity;
- Accessing or using the Application in an unlawful way or for any unlawful purpose;
- Transmission of any data, materials, content or information which is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or otherwise unlawful;
- Transmission of viruses, malware, or other malicious code in the Application;
- Modification, reverse-engineering, or other manipulation of the Application;
- Exploiting the Application or any part thereof for any commercial purposes;
- Any use of automation software programs, “bots”, “macro” software programs or any other software or applications which are intended to modify the game experience to the detriment of fair play;
- Exploiting, distributing or informing other users of any game error or bug which may give an unintended advantage; and
- Interfering with, or disrupting, the Application.
- Privacy and Security Your privacy and the protection of personal data about you are very important to us. For a detailed description of how we collect and use personal data about you, please see our Privacy Policy and familiarize yourself with the choices you can make about the way in which we collect and use personal data about you. By using the Application, you consent and agree to the collection and use of certain information about you and your use of the Application in accordance with our Privacy Policy and applicable laws and regulations related to personal data. The Application may include social media functionalities and/or plug-ins that enable you to share certain content (such as scores or communications) with other people. Please be careful when sharing content that includes personal data generally in the Application and in particular with other users of the Application. In addition to what is stated in the Privacy Policy, you agree to:
- Respect the privacy of other users;
- Not engage in unauthorized collection of users' content or information, and/or not otherwise access the Application by automated means (including, but not limited to, so-called bots or scrapers) without an authorization from us;
- Not reveal any personal data related to another individual, including, but not limited to, a person's address, phone number, e-mail address, photograph, credit card number or any information that may otherwise be used to track, contact or impersonate another individual;
- Not utilize a username that is the name of another person and intending to impersonate that person; and
- Not provide any false personal data to us or create any User Account for anyone other than yourself without such person's permission.
- NO WARRANTY YOUR ACCESS TO AND USE OF THE APPLICATION IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE APPLICATION IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE APPLICATION OR ANY CONTENT THEREON. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE APPLICATION. MOREOVER, YOU AGREE THAT WE DO NOT HAVE RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY MATERIAL OR CONTENT AND OTHER COMMUNICATIONS MAINTAINED IN THE APPLICATION. WE MAKE NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE APPLICATION OR OUR REPRESENTATIVES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY OR PROPERTY DAMAGE, LOSS OF DATA, LOSS OF USE, LOSS OF ANTICIPATED SAVINGS, ACCRUED BUT WASTED EXPENDITURE, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY ANY ADVERTISERS, AFFILIATE ADVERTISING NETWORKS, REWARDS PROGRAM OPERATORS OR PAYMENT PROVIDERS WE MAY COOPERATE WITH OR ANY OTHER USERS OF THE APPLICATION; (iii) ANY CONTENT AND/OR INFORMATION OBTAINED FROM THE APPLICATION OR RELIANCE UPON THE APPLICATION OR ANY PART THEREOF; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF ANY MATERIAL OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN SOME JURISDICTIONS THE APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. NOTHING IN THESE TERMS REMOVES OR SUPERSEDES YOUR RIGHTS AS A CONSUMER BASED ON MANDATORY PROVISIONS OF LAW.
- Indemnity You agree to indemnify and hold EpochalStorm Games (and our subsidiaries, affiliates, partners, officers, directors, employees and agents) harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your use of or access to the Application, your breach of these Terms, or your violation of any law or the rights of a third party. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms.
- Entire Agreement These Terms, any applicable additional terms included in the Application, and any documents expressly incorporated by reference herein (including the Privacy Policy), contain the entire understanding of you and EpochalStorm Games, and supersede all prior understandings of the parties hereto relating to the subject matter hereof.
- Waiver and Severability Our failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future. In the event that any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction for any reason, the remaining provisions of these Terms will remain in full force and effect.
- Governing Law and Resolution of Disputes The Italian laws will govern these Terms and Conditions, and our Privacy Policy complies with the European General Data Protection Regulation (GDPR). Competent jurisdiction will be the Court of Rome, Italy.
- Complaints. If you would like to receive further information regarding the use of our Application, or if you have any questions or complaints please feel free to contact us directly at Supporto to have the issue resolved. Please note that we cannot provide a specific timeframe for any resolution.
- Assignment We may assign or delegate these Terms and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms without our prior written consent, and any unauthorized assignment and delegation by you is ineffective.
- Suspension of User Account; Termination We reserve the right to discontinue offering the Application or any part thereof (such as any particular Game) or to suspend, remove, modify or disable access to the Application at any time in our sole discretion and without notice. Notwithstanding anything contained in these Terms to the contrary, we may also, in our sole discretion, terminate or suspend your access to the Application and/or your User Account at any time. In no event will we be liable for the removal of or disabling of access to the Application or any part thereof. We may also impose limits on the use of or access to the Application, in any case and without notice or liability. Upon termination of the Application or a part thereof, your license to use the Application or a part thereof will be automatically terminated. In such event, EpochalStorm Games shall not be obligated to provide refunds or other compensation to users in connection with such discontinuation. Following termination, all such terms that by their nature may survive termination of these Terms shall be deemed to survive such termination. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING OR ANY OTHER REMEDIES AVAILABLE TO US, WE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE YOUR USER ACCOUNT AND/OR ACCESS TO THE APPLICATION IF YOU ARE, OR WE IN OUR SOLE DISCRETION SUSPECT THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THE TERMS AND CONDITIONS INCLUDED IN THESE TERMS OR WITH ANY LAWS OR REGULATIONS, OR IN ANY OTHER WAY HAVE USED THE APPLICATION UNLAWFULLY OR IMPROPERLY OR ACTED INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THESE TERMS OR ANY EPOCHALSTORM GAMES POLICIES. YOU CAN LOSE YOUR USERNAME, PLAYER ID AND USER PROFILE AS A RESULT OF SUCH TERMINATION OR SUSPENSION, AS WELL AS ANY GAME CURRENCY. PLEASE NOTE THAT EPOCHALSTORM GAMES IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES.
- Contact The Application is operated and provided by EpochalStorm Games Srl and its affiliates (including its parent and subsidiary companies).
The Terms set forth the legally binding terms and conditions which are applicable to your use of the Application, however installed, accessed and/or used, whether via personal computers, mobile devices or otherwise. Please be reminded that the Terms constitute an agreement between you and us and define the rights and responsibilities that you have with respect to the Application.
It is important that you read and understand the Terms. By downloading, installing, accessing and/or using the Application, you confirm that you have read and understood the Terms and any other documents referred to herein, including without limitation our Privacy Policy and that you agree to be bound by this agreement whether or not you are a registered user or player of any of our Applications. Consequently, if you do not accept or understand the Terms, please do not use, download, access or register with the Services. If you do not agree to these Terms, you are not entitled to use the Application and you must promptly uninstall and delete all copies of it.
In addition to these Terms, you agree to abide by any supplemental policies of the Application, such as policies related to specific services (including without limitation forums, chats, contests or sweepstakes) as well as all other operating rules, policies and procedures that may be published from time to time on the Application, each of which is incorporated herein by reference.
Any access to or use of the Application by anyone under 18 is expressly prohibited.
The Application is intended solely for your personal use. You represent and warrant that you will use the Application in compliance with any and all applicable laws and regulations. The Application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject EpochalStorm Games to any registration requirement within such jurisdiction or country, and the use of the Application is unauthorized in any such jurisdiction. You agree not to access or use the Application in any such jurisdiction.
Certain parts of the Application may require a user account (“User Account”). Sometimes, a User Account is created when you first download or open the Application and requires no overt registration process. These automatic User Accounts are automatically created based on your device information, or your Facebook account if you decide to connect your User Account with it. You may also be able to provide us with profile information within the Application. You agree not to provide inaccurate, misleading or false information in connection with your use of the Application and in particular in connection with your User Account. If information you have provided to us subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. Please also see our Privacy Policy more information about how we process your personal data.
We reserve the right to require our prior or later acceptance for registration or for a User Account. We have a right to refuse the registration for any reason. Registration can be limited, for example, in terms of territory, jurisdiction or other metric.
You agree not share the User Account or any user credentials or password with any other party and not to let anyone else access your User Account or do anything else that might jeopardize the security of your User Account. You agree to notify us immediately if you suspect any breach of security in the Application. You are solely responsible for maintaining the confidentiality of your User Account, and accept responsibility for all uses of the User Account, including any purchases, whether or not authorized by you.
We reserve the right to invalidate User Accounts if we become aware that a user is less than the required minimum age and we may request additional information to confirm a user’s age at any time. Other legal ramifications may also apply.
We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
The Game Currency or upgrades, where applicable, can be purchased for real money or won during gameplay, but they have absolutely no cash value. Game Currency is entirely non-transferrable and has no real world value. Any Game Currency you purchase or win during gameplay is licensed to you on a limited, personal, non-transferable, non-sublicensable and revocable basis and only for non-commercial use in the Service. Game Currency is licensed, not sold to you. Game Currency may never be redeemed for actual monetary instruments, goods or other items of monetary value from EpochalStorm Gamesr any other party. You agree not to sell, trade, redeem or otherwise transfer Game Currency to any person or entity, including but not limited to another user or any third party, or in any other way cash out or exchange the Game Currency for real money or for any real goods.
You are responsible for all charges and usage on your User Account or using your user credentials and all purchases made by you or anyone that uses your User Account or user credentials, including applicable taxes. You may pay using the methods available in the Service from time to time, which may include payment via your Apple, Google or Amazon account, or other similar accounts, and you agree to the terms and conditions applicable to each payment method you choose, including any additional payment processing fees which may be applicable. We are not responsible or liable for any issues related to the services provided by the payment provider to you in connection with the purchase.
You (i) represent that you are authorized to use the payment method you use and that any payment information you provide is true and accurate; and (ii) authorize us and/or the applicable payment provider to charge you for the Service using your payment method. You must promptly update all billing information to keep it current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us and the applicable payment provider if your credit card is canceled, lost or stolen or if the security of your payment method has otherwise become compromised.You also understand that the payment platforms (e.g., Apple’s App Store) may provide us with very limited information regarding your purchases. We may not be able to provide you with information as to your purchase history as you might expect that we would be able to do so.
Provision of Game Currency and any upgrades is a service that is offered to you as a part of the Service. By paying the applicable fees you acknowledge and agree that the provision of the Game Currency or any upgrades commences immediately upon you subscribing to or purchasing such service and therefore any right of withdrawal or right of cancellation or “cooling off” period DOES NOT APPLY.
ANY APPLICABLE FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. IN PARTICULAR, ANY PAYMENT FOR LICENSE FOR GAME CURRENCY OR UPGRADES IS ALWAYS FINAL AND NON-REFUNDABLE.
PLEASE NOTE THAT WE ARE NOT RESPONSIBLE FOR ANY GAME CURRENCY THAT IS LOST, DAMAGED, DELETED OR USED INAPPROPRIATELY, OR FOR GAME PLAY INTERRUPTIONS OR PREMATURE GAME TERMINATION, REGARDLESS OF CAUSE, THAT RESULT IN GAME CURRENCY BEING SPENT. WE MAY MANAGE, REGULATE, MODIFY, CONTROL OR ELIMINATE GAME CURRENCY AT ANY TIME IN OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE. IF WE EXERCISE SUCH RIGHTS, WE WILL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY.
IF YOU MAKE A REQUEST THAT WE DELETE YOUR PERSONAL DATA OR YOUR USER ACCOUNT, THIS REQUEST IS IRREVOCABLE. ONCE THE REQUEST HAS BEEN MADE, ANY GAME CURRENCY OR IN-APP PURCHASES MAY BE UNAVAILABLE PRIOR TO THE FULFILLMENT OF THE REQUEST AND, AFTER THE FULFILLMENT OF THE REQUEST, WILL NO LONGER BE AVAILABLE UNDER ANY CIRCUMSTANCES.
DO NOT EXPECT THAT YOU WILL BE GIVEN THE OPPORTUNITY TO CHANGE YOUR MIND ONCE A DELETION REQUEST HAS BEEN SUBMITTED!
EXCEPT AS EXPRESSLY REQUIRED BY LAW, YOU ACKNOWLEDGE THAT WE ARE NOT OBLIGATED TO PROVIDE ANY REFUNDS FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT ALL GAME CURRENCY WILL BE FORFEITED AND YOU WILL NOT BE ENTITLED TO RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED GAME CURRENCY WHEN AN ACCOUNT IS TERMINATED OR SUSPENDED FOR ANY REASON, REGARDLESS OF WHETHER SUCH TERMINATION OR SUSPENSION WAS VOLUNTARY OR INVOLUNTARY, OR IF WE DISCONTINUE PROVIDING THE SERVICE OR ANY PARTICULAR GAME. You are solely responsible for any costs you incur to access the Service through any Internet, wireless or other communication service, such as any fees for web browsing, messaging, and data usage on an Internet provider’s or wireless carrier’s network. Check with your carrier to determine the fees that apply.
We are not responsible for information that you choose to share on the forums or chat areas, or for the actions of other parties.
We wish to remind you that you are solely responsible for your interactions with other users of the Application and any other parties with whom you interact through the Application.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, affiliates and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. Without prejudice to the above, we reserve the right to become involved in any way with these disputes, but are in no obligation for doing so.
You will fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting us access to any password-protected portions of your User Account.
If such assignment is ineffective under applicable law, you hereby grant us the sole and exclusive, irrevocable, sub-licensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display, use, and practice such information or materials, and to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in such information or materials.
PLEASE BE REMINDED THAT WE ARE NOT UNDER ANY CIRCUMSTANCES LIABLE FOR ANY DAMAGES, CLAIMS, LIABILITIES OR COSTS THAT YOU MAY INCUR OR SUFFER IN CONNECTION WITH ANY CONTENT, PRODUCTS OR SERVICES OFFERED BY ANY THIRD PARTIES WE COOPERATE WITH. YOU WAIVE AND RELEASE EPOCHALSTORM GAMES AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY LIABILITIES ARISING FROM OR RELATED TO ANY ACT OR OMISSION OF SUCH THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE APPLICATION.
If you have any questions about these Terms, please contact us at Supporto or by mailing us at:
EpochalStorm Games Srl
Via della Cerquetta, 22 - 00123 Roma (RM)Italy.
