E-Pal® TERMS OF SERVICE

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 Service, you agree to be bound by these Terms, our Privacy Policy, and our Community Guidelines.

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

a. Who 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:

i. To EPAL.GG and our  community.

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 Community Guidelines. 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

a. Permissions.

i. You agree that EPAL.GG may collect and use information from you and your users as described in our Privacy Policy. You also agree that 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 the content.

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.

6. Security

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 content.

8. Termination

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.

9. Indemnity

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.

10. Disclaimers

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 purpose.

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.

12. Arbitration

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 claims court.

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 the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the 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 Business Account.

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.

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY 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.

14. Cookie Policy

EPAL.GG uses certain technologies on its website to collect information that helps us improve your online experience. In this Cookie Policy, we refer to these technologies, which include cookies, pixels, web beacons, and gifs, collectively as “cookies.” This policy explains the different types of cookies used by EPAL.GG and how you can control them. We may change this Cookie Policy at any time so please take a look at the “last modified” legend at the top of this page to see when this Cookie Policy was last revised. Any changes in this Cookie Policy will become effective when we make the revised Cookie Policy available on the website. By agreeing to this Cookie Policy, by using the EPAL.GG website, you expressly consent to information handling practices and storage and access of cookies as described in this policy.

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 preferences).

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 website.

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.

How do third parties use cookies on the site?

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 any privacy policy posted by the relevant developer, which may include additional information on their cookie practices. You can also learn more about controlling cookies in the “How do I control Cookies” section below.

How do I control Cookies?

You may refuse to accept cookies at any time by activating the setting on your browser which allows you to refuse cookies. You can refuse to accept Flash cookies using Adobe’s Flash management tools at 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.