E-Pal® TERMS OF SERVICE
JUNE 1, 2020
Thank you for using EPAL.GG!
These Business Terms of Service (“Terms”) govern your access to and use of the EPAL.GG website (“EPAL.GG” or the “Service”) as an “Epal”. Please read these
Terms carefullyand contact us if you have any
questions. By creating an account under these Terms (“Business Account”), or by accessing or using the
1. Our Service
EPAL.GG helps you to post, discover and see the things you love. To do that, we show you things
we think will be relevant, interesting and personal to you based on your onsite and offsite activity. To
provide our Service, we need to be able to identify you and your interests. Some of the things we show you are
promoted by advertisers.
2. Using EPAL.GG
can use EPAL.GG.
You may use our Service only if you are Eighteen (18) years of age or older, can legally form a
binding contract with EPAL.GG and only in compliance with these Terms and all applicable laws. When you create
your Account, you must provide us with accurate and complete information. You cannot use our Service if it
would cause EPAL.GG to violate U.S. sanctions, and by agreeing to these Terms you represent to us that you are
not a sanctioned party, in a sanctioned country, or otherwise subject to U.S. sanctions. Any use or access by
anyone under the age of Eighteen (18) is strictly prohibited and we assume no liability to any use of our site
by any such person. Part of our Service may include software that is downloaded to your computer, phone,
tablet or other device. You agree that we may automatically update that software and these Terms will apply to
any updates. Additionally, “Users” may search the website and enter into an agreement with any Epal to play
games posted on the Website with that Epal. Users are defined as individuals of the age of Thirteen (13) years
or older who are aware of and will comply with all Terms of the Service.
b. Our License to you.
Subject to these Terms and our policies (including our Community Guidelines), we grant you a
limited, non-exclusive, non-transferable and revocable license to use our Service.
3. Your Content
a. Posting content
EPAL.GG allows you to post content, including photos, comments, links and other materials.
Anything that you post or otherwise make available on EPAL.GG is referred to as “User Content”. You retain all rights in, and are solely responsible for, the User Content you post to
EPAL.GG. EPAL.GG shall have the unencumbered and unrestricted right to record all User chatlogs on the site
without compensation to or any restriction by User. In no event shall any User Content utilizing drawings,
artwork, photography or video, or any other medium of expression, depicting nudity of any sexual gender or
orientation or sexually explicit content of any type, be permitted or allowed to be posted on the EPAL.GG
website. Any and all such content will be immediately rejected by EPAL.GG in its sole discretion and as a
final and unappealable decision. Additionally, at no time will any type of harassment
by a user of our Service of another user be permitted or allowed. Any such harassment will result in the
immediate suspension and termination of the harassing user’s account by EPAL.GG and no refund of fees paid
will be made to said harassing user. The decision of EPAL.GG shall be final and unappealable.
b. How EPAL.GG and other users can use your content
You grant EPAL.GG and our
users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display,
reproduce, save, modify, create derivative works, perform and distribute your User Content on EPAL.GG solely
for the purposes of operating, developing, providing and using the Service. Nothing in these Terms shall
restrict other legal rights EPAL.GG may have to User Content, for example under other licenses. We reserve the
right to remove or modify User Content or change the way it is used in the Service, for any reason, including
User Content that we believe violates these Terms, our Community Guidelines, or any other policies.
c. How long we keep your content
Following termination or deactivation of your account, or if you remove any User Content from
EPAL.GG, we may retain your User Content for a reasonable period of time for backup, archival, or audit
purposes. Furthermore, EPAL.GG and our users may retain and continue to use, store, display, reproduce, save,
modify, create derivative works, perform, and distribute any of your User Content that other users have stored
or shared on the EPAL.GG Service.
d. Your responsibility for your content:
EPAL.GG and our
EPAL.GG provides a creative and positive place for you and other users to discover and share
things you love. To keep it that way, you must abide by and comply with our policies, including our . You must not post User Content that violates or encourages
any conduct that violates laws or regulations. You are responsible for User Content and any third- party
content posted on your boards and you represent and warrant that User Content and any third-party content
posted on your boards comply with all applicable laws and regulations.
Except as expressly provided in these Terms, you agree not to use, modify, reproduce,
distribute, sell, license or otherwise use our Service without our permission.
ii. To third parties.
EPAL.GG respects the rights of third-party creators and content owners and expects you to do the
same. You therefore agree that any User Content that you post to EPAL.GG does not and will not violate any law
or infringe the rights of any third party.
e. Feedback you provide
We value hearing from our users and are always interested in learning about ways we can make
EPAL.GG more awesome. If you choose to submit comments, ideas, or feedback, you agree that we are free to use
them without any restriction or compensation to you. By accepting your submission, EPAL.GG does not waive any
rights to use similar or related feedback previously known to EPAL.GG, developed by its employees or obtained
from sources other than you.
4. Tools for Site Owners
i. You agree that EPAL.GG may
EPAL.GG may use automated methods to analyze your site or service.
ii. In the
event that we allow you or your users to post or otherwise make available content
features in our Service, by using these features, you give EPAL.GG and its users permission to such content as
set forth in Section 3(b). Nothing in this Section shall restrict other legal rights EPAL.GG may have to
5. Copyright Policy
EPAL.GG has adopted and implemented the EPAL.GG Copyright Policy in accordance with the Digital
Millennium Copyright Act and other applicable copyright laws.
We care about the security of our users. While we work to protect the security of your content
and account, EPAL.GG cannot guarantee that unauthorized third parties will not be able to defeat our security
measures. We ask that you keep your password secure. Please notify us immediately of any compromise or
unauthorized use of your account. For accounts created on behalf of a company, organization or other entity,
you are responsible for ensuring that only authorized individuals have access to the account.
7. Third-party Links, Sites, and Services
EPAL.GG may contain links to third-party websites, advertisers, services, special offers, or
other events or activities that are not owned or controlled by EPAL.GG. We do not endorse or assume any
responsibility for any such third-party sites, information, materials, products or services. If you access any
third-party websites, services or content from EPAL.GG, you do so at your own risk and you agree that EPAL.GG
will have no liability arising from your use of or access to any third-party websites, services, or
EPAL.GG may terminate or suspend your right to access or use this Service for any reason on
appropriate notice. We may terminate or suspend your access immediately and without notice if we have a good
reason, including any violation of these Terms or our Community Guidelines. Upon termination, you continue to
be bound by Sections 3, 4(a) and 9 of these Terms.
You agree to indemnify and hold harmless EPAL.GG and our respective officers, directors,
employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities,
damages, losses, costs, and expenses, including, without limitation, reasonable legal and accounting fees
(including costs of defense of claims, suits, or proceedings brought by third parties), in any way related to
(a) your access to or use of our Service, (b) your User Content, or (c) your breach of any of these Terms.
Our Service and all content on EPAL.GG are provided on an “as is” basis without warranty of any
kind, whether express or implied.
EPAL.GG SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE
OF DEALING OR USAGE OF TRADE.
EPAL.GG takes no responsibility and assumes no liability for any User Content that you or any
other user or third-party posts or sends using our Service. You understand and agree that you may be exposed
to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EPAL.GG SHALL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED
DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. IN NO EVENT SHALL
EPAL.GG’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED US
DOLLARS (US $100.00) OR THE AMOUNTS PAID BY YOU TO EPAL.GG FOR THE PAST THREE MONTHS FOR THE SERVICE.
To the extent that any claim, dispute or controversy regarding EPAL.GG or our Service isn’t
arbitrable under applicable laws or otherwise: you and EPAL.GG both agree that any claim or dispute regarding
EPAL.GG will be resolved exclusively in
accordance with Section 13 of these Terms.
For any dispute you have with EPAL.GG, you agree to first contact us and attempt to resolve the dispute with us
informally. If we need to contact you, we will do so at the email address associated with your Account. If
EPAL.GG has not been able to resolve the dispute with you informally, we each agree to resolve any claim,
dispute or controversy (excluding claims for injunctive or other equitable relief) arising out of or in
connection with or relating to these Terms through binding arbitration or (for qualifying claims) in small
Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For
instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery,
and is subject to very limited review by courts. Although the process is more informal, arbitrators can award
U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision and that you and
EPAL.GG are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has
exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability
of this binding arbitration agreement. This
arbitration provision shall survive termination of this Agreement and the termination of your
Any arbitration will be administered by the American Arbitration Association (“AAA”) under the Consumer Arbitration Rules
then in effect for the AAA, except as provided herein. You can find their forms at www.adr.org. Unless you and EPAL.GG agree otherwise,
the arbitration will be conducted in Los Angeles County. Each party will be responsible for paying any AAA filing, administrative
and arbitrator fees in accordance with AAA rules. If your claim is for $10,000 or less, we agree that you
may choose whether the arbitration will be conducted solely on the basis of documents submitted to the
arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your
claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in
which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the
essential findings and conclusions on which the award is based, and any judgement on the award rendered by the
arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either
party from seeking injunctive or other equitable relief from the courts, including for matters related to data
security, intellectual property or unauthorized access to the Service.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY
NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND EPAL.GG
ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
RIGHTS THAT APPLY TO YOU. To the extent any claim, dispute or controversy regarding EPAL.GG or our Service
isn’t arbitrable under applicable laws or otherwise, you and EPAL.GG both agree that any claim or dispute
regarding EPAL.GG will be resolved exclusively in accordance with Section 13 of these Terms.
13. Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of California, without respect to its
conflict of laws principles. The exclusive place of jurisdiction for all disputes arising from or in
connection with this agreement is Los Angeles County, California or the United States District Court for the
Central District of California and our dispute will be determined under California law.
EPAL.GG uses certain technologies on its website to collect information that helps us improve
web beacons, and gifs, collectively as “cookies.” This policy explains the different types of cookies used by
expressly consent to information handling practices and storage and access of cookies as described in
What is a Cookie?
Cookies are small text files that are stored on your computer or mobile device. They are widely
used in order to make websites and software applications work, or work in a better, more efficient way. They
can do this because websites and software applications can read and write these files, enabling them to
recognize you and remember important information that will make your use of a website or software application more convenient (e.g., by remembering your user
What Cookies do we use?
Below we list the different types of cookies we may use on the Twitch Services.
Essential Cookies These cookies are essential to the operation of EPAL.GG in
order to enable you to move around it and to use its features. Without these cookies, services you have asked
for, such as accessing secure areas of the website or paid for content, cannot be provided. These cookies are
essential for using the website and therefore cannot be turned off without severely affecting your use of the
Performance Cookies Performance cookies, which often include analytics cookies,
collect information about your use of this EPAL.GG website and enable us to improve the way it works. For
example, performance cookies show us which are the most frequently visited pages on the website, allow us to
see the overall patterns of usage on the EPAL.GG website, help us record any difficulties you have with the
website and show us whether our advertising is effective or not.
Functionality Cookies In some circumstances, we may use functionality cookies.
Functionality cookies allow us to remember the choices you make on the EPAL.GG website and to provide enhanced
and more personalized features, such as customizing a certain webpage, remembering if we have asked you to
participate in a promotion and for other services you request, like watching a video or commenting on a blog.
All of these features help us to improve your visit to the EPAL.GG website.
Targeting or Advertising Cookies We and our service providers may use targeting
or advertising cookies to deliver ads that we believe are more relevant to you and your interests. For
example, we may use targeting or advertising cookies to limit the number of times you see the same ad on our
website and to help measure the effectiveness of our advertising campaigns.
These cookies remember what you have looked at on EPAL.GG and we may share this information with
other organizations, such as advertisers.
Flash Cookies We may, in certain situations, use Adobe Flash Player to deliver
special content, such as video clips or animation. To improve your user experience, Local Shared Objects
(commonly known as “Flash cookies”) are employed to provide functions such as remembering your settings and
preferences. Flash cookies are stored on your device, but they are managed through an interface different from
the one provided by your web browser. This means it is not possible to manage Flash cookies at the browser
level, in the same way you would manage cookies. Instead, you can access your Flash management tools from
Adobe’s website directly. Please be aware that if you disable or reject Flash cookies for EPAL.GG, you may not
be able to access certain features, such as video content or services that require you to sign in.
In some circumstances, we may work with third parties to provide services on the EPAL.GG
website. In addition, third-party advertisers and other organizations may use their own cookies to collect
information about your activities on the EPAL.GG website and/or the advertisements you have clicked on. This
information may be used by them to serve advertisements that they believe are most likely to be of interest to
you based on content you have viewed. Third-party advertisers may also use this information to measure the
effectiveness of their advertisements.
We do not control these cookies. To disable or reject third-party cookies, please
refer to the relevant third
party’s website. For Extensions in particular, we encourage you to visit an Extension’s detail pages to review
practices. You can also learn more about controlling cookies in the “How do I control Cookies” section
How do I control Cookies?
You may refuse to accept cookies at any time by activating the setting on your browser which
http://www.adobe.com/security/flashplayer. Further information
about the procedure to follow in order to disable cookies can be found on your Internet browser provider’s
website via your help screen. Please be aware that if cookies are disabled, not all features of the EPAL.GG
website may operate as intended.
15. General Terms
Notification procedures and changes to these Terms
EPAL.GG reserves the right to determine the form and means of providing notifications to you and
you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time
and the most current version will always be posted on our website. If a revision, in our discretion, is
material, we will notify you. By continuing to access or use the Service after revisions become effective, you
agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned
by you, but may be assigned by EPAL.GG without restriction. Any attempted transfer or assignment in violation
hereof shall be null and void.
you may enter into with EPAL.GG in connection with the Service, shall constitute the entire agreement between
you and EPAL.GG concerning the Service and supersede any prior terms you have with EPAL.GG regarding the
Service. If any provision of these Terms is deemed invalid, that provision will be limited or eliminated to
the minimum extent necessary and the remaining provisions of these Terms will remain in full force and
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term
or any other term and EPAL.GG’s failure to assert any right or provision under these Terms shall not
constitute a waiver of such right or provision.
These Terms are a contract between you and EPAL, Inc.