Terms Of Use

IMPORTANT! PLEASE READ CAREFULLY.
BY INSTALLING, COPYING, OR OTHERWISE USING THE GAME KNOWN AS EMPIRE OF SPORTS™, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY, ACCESS OR OTHERWISE USE EMPIRE OF SPORTS.

 

Terms of Agreement

These Terms of Use, along with the Code of Conduct, Privacy Policy and End User License Agreement (all of which can be found at www.empireofsports.com/en/footer/legal-infos/index.html) and which are expressly incorporated herein by reference (collectively, the “Agreement”) describes the terms upon which Empire of Sports AG, its licensors and affiliates offers to you access to play the online game Empire of Sports™. 

If you have any questions regarding these terms and conditions, please contact customer service at www.empireofsports.com/en/footer/contact-us/index.html

Empire of Sports AG may amend the terms of this Agreement from time to time and without notice to you by posting an amended version of this Agreement at www.empireofsports.com/en/footer/legal-infos/index.html. Your continued use of the EOS Client and / or the Service (herein defined), including any patches, modifications or updates thereof (whether automatically downloaded or not), after the date of the then amended Agreement will be deemed to be your consent to such amended and then current Agreement.

 

Online Service

The game, Empire of Sports™ (“EOS”), includes two components: (a) the software program, which is downloaded onto your computer along with any accompanying materials or documentation (collectively, the "EOS Client"), and (b) the Empire of Sports online service (the "Service" / “System”)) pursuant to the terms of this Agreement.

In order to have access to the Service, your computer must meet certain minimum specifications, details of which can be found in the FAQ; https://www.empireofsports.com/en/support/faq/index.html.
If you register for the online Service, you will receive automatic patches of which you may or may not be notified in advance.

You acknowledge that the internet is a global network and therefore the Service may be affected by factors such as your internet connection, telephone service, number of internet users, as well as your location.  Empire of Sports AG provides to you the Service “AS IS” and “WHERE IS”. Empire of Sports AG cannot be held liable for any deterioration of Service or that of your game experience, which occurs due to factors beyond our control.

 

Account

In order to download the EOS Client or connect to our Service, you must register in order to obtain an Account with EOS (“Account”). Accounts are available only to adult individuals who are 18 (eighteen) years of age or over or, in the adult’s discretion, young persons who are 13 (thirteen) to 17 (seventeen) years of age (“Young Person”). If you are a Young Person, your parent or legal guardian must complete the registration process, in which case they will take full responsibility for all obligations under this Agreement and are liable for all Account activities and any fees pursuant to that Account.

Except as set out above in the case of a Young Person, you may not transfer or share your Account with anyone.

You warrant that the personal information that you provide to us is accurate and correct and you agree to update such information as soon as such information changes.  Failure to adhere to the terms of this Clause will be considered a Material Breach of this Agreement.

Please refer to the Code of Conduct in regards to the EOS naming policy in respect of what names can and can’t be used as Your Account identifier.

 

Passwords and Personal Identification Numbers

A password, that is only selected by you, is used to help protect your accounts and personal information. It is your responsibility to keep your password confidential. Do not share this information with anyone. If you are sharing a computer with anyone, especially a computer in a public setting, you should always log out before leaving EOS or our websites in order to protect access to your personal information from subsequent users.  The employees of Empire of Sports AG will never ask you for your password and you should never give it to anyone who does ask for it.

You must notify Empire of Sports AG immediately if you have reason to believe that Your Account has been compromised.

You agree that you will abide by all of the terms of the Code of Conduct, as set out below.  Failure to comply with the terms of the Code of Conduct may result in suspension or termination of Your Account.  Further details are set out under the Clause, Termination, below.  If termination or suspension of Your Account does occur, Empire of Sports AG will not be obligated to refund any money to you.

 

Code of Conduct & Naming Policy

In order to enhance the EOS experience for everyone, you must abide by the EOS rules of conduct. It is your responsibility to understand all of the rules.  The Code of Conduct is not exhaustive but a general set of rules that indicate types of behaviour that is unacceptable within EOS; behaviour not listed may well still offend. The Code of Conduct is available for download at www.empireofsports.com/en/footer/legal-infos/index.html

Please read this Code of Conduct carefully before playing EOS or using the EOS website and/or any related community features, including without limitation any chat, instant messaging or message boards functions relating to EOS.

By playing EOS, you signify your agreement with the Code of Conduct. If you do not agree with any aspect of the Code of Conduct, do not play EOS

 

ANY VIOLATION OF THIS CODE OF CONDUCT CONSTITUTES A VIOLATION OF THE EOS TERMS OF USE AND MAY RESULT IN DISCIPLINARY ACTION, INCLUDING WITHOUT LIMITATION THE SUSPENSION OR TERMINATION OF ANY EOS ACCOUNTS USED BY YOU. EMPIRE OF SPORTS AG HAS THE SOLE AND EXCLUSIVE RIGHT TO DETERMINE WHAT CONSTITUTES INAPPROPRIATE BEHAVIOR AND TO DISCIPLINE PLAYERS ACCORDINGLY.

 

Empire of Sports AG reserves the right, at its discretion, to amend or otherwise update the Code of Conduct at any time. Any amendments shall become effective immediately upon the posting on the EOS Website, www.empireofsports.com (the "Site"), or within EOS itself.  It is your responsibility to be aware of the latest version.

Please review this Code of Conduct periodically. Your continued use of EOS following the posting of changes and/or modifications will constitute your acceptance of the Code of Conduct.

 

Community Conduct

You agree not to use EOS in any way that violates the rights of others (including Empire of Sports AG, its affiliates, or its licensors). The following are examples (without limitation) of content, behaviour or use that are prohibited under the Code of Conduct (whether it be directly, inciting or encouraging):

1) that is offensive to the online community, such as sexually explicit content, or content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

2) that is abusive, threatening, obscene, defamatory or libelous, or is harassment;

3) the transmission of "junk mail," "chain letters" or unsolicited mass e-mailing or "spamming";

4) promotion of information that is false, misleading or promotes illegal activities;

5) any content that infringes upon or violates any third party's rights, including but not limited to, intellectual property rights, rights of privacy, including unauthorized disclosure of a person's name, e-mail address, physical address or phone number and/or rights of publicity;

6) that promotes or enables an illegal or unauthorized copy of a third party’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music, movies, videos, or video games, or links, or other access thereto;

7) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

8) provides material that exploits people in a sexual or violent manner, or solicits personal information from anyone under 18;

9)gaining or attempt to gain unauthorized access to EOS including without limitation profiles, blogs, chat rooms, communities, account information, or other aspects of EOS or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

10) engages in or solicits commercial activities or sales without Empire of Sports AG’s prior written consent;

11) that interferes with another user's use and enjoyment of EOS or any other individual's user and enjoyment of EOS;

12) you may not impersonate any Empire of Sports AG’s employees or, their in-game characters and you may not give false information or intentionally hide any information when registering to play the EOS;you may not modify any part of EOS. You may not attempt to interfere with, hack into, or decipher any transmissions to or from the clients and servers running EOS, nor may you use any game hacking, altering, or cheating software tools. You may not use any automated scripting or "macroing" tools or software.

13) you may not modify any part of EOS. You may not attempt to interfere with, hack into, or decipher any transmissions to or from the clients and servers running EOS, nor may you use any game hacking, altering, or cheating software tools. You may not use any automated scripting or "macroing" tools or software.

 

Naming Policy

When selecting an avatar, city, or object name for use within EOS, you must abide by the following Naming Policy set forth below and which is liable to change from time to time. You must use your best judgment to avoid gray areas.

1) Names may not be offensive, sexually explicit, vulgar, racist, hateful, obscene, defamatory, or any other language that is offensive in nature (including common swear words, names concerned with anatomical references, and intentional misspellings, anagrams, combinations, and homonyms of these words);

2) Names may not be used that harass or damage the reputation of another player, group of players, or Empire of Sports AG’s employees or affiliates;

3) Names may not be a name or handle of any Empire of Sports AG’s employees or affiliates;

4) Avatar names may not include any reference to copyrighted or trademarked names, materials or products;

5) Names may not derive from popular culture or media references;

6) Names may not be religiously or historically sensitive;

7) Names may not be proper names of a City, area or a NPC within EOS;

8) Names may not have a title or rank within them;

9) Names may not contain a phrase, sentence, or any fragment of a sentence;

10) Names may not include any telephone numbers, credit card numbers, social security numbers, street addresses, or email/instant message addresses other than your own (and Empire of Sports AG strongly recommends that you not use your own either);

11) Names may not use misspellings or alternative spellings of names that violate any of the rules above.

 

If you feel that another player has contravened the Code of Conduct, please report them immediately to www.empireofsports.com/en/footer/contact-us/index.html and include the offending player’s name, details of the offending behaviour and the time and location it occurred.

YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU TRANSMIT IN THE PUBLIC AREAS OF EOS AND IN YOUR PRIVATE MESSAGES TO OTHER INDIVIDUALS WITHIN EOS.

Reporting conduct as a violation does not mean it constitutes a violation, or that Empire of Sports AG must or will take any action against such conduct or the user engaging in such conduct. In the event Empire of Sports AG does take action against any reported conduct, it has no obligation to inform the person or persons reporting such conduct. Finally, it is a violation of the Code of Conduct to knowingly make a false report against another user, or to use the reporting process to harass or intimidate a user, or to encourage others to do so.

You must follow all reasonable instructions (to be determined in Empire of Sports AG’s sole discretion) from authorized EOS personnel or monitors while playing EOS and while using all official forums and communication tools.

 

License

Empire of Sports AG grants, and you hereby accept, a limited, restricted, revocable, non-sub licensable and non-exclusive license to (a) install the EOS Client on one or more personal computers owned by you or one which remains at all times under your legitimate control, and (b) use the EOS Client in conjunction with the systems of Empire of Sports AG so as to gain access to the Service and play EOS, solely for non-commercial entertainment purposes, and (c) access the EOS websites for informational purposes. You may not remove any proprietary notices that may be attached to the EOS Client.

 

Intellectual Property Rights & Ownership

Empire of Sports AG and its licensors own all title, ownership rights and intellectual property rights in and to the Service, EOS, the EOS Client, websites and system and all copies and derivative works thereof (including without limitation any titles, computer code, themes, objects, characters and avatars, character names, stories, dialogue, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation (collectively referred to as “EOS Property”) EOS Property is protected by U.K and international copyright laws, treaties and conventions, and other laws. EOS Property may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this Agreement. Empire of Sports AG reserves all rights not expressly granted to you.

 

Real Life and Virtual Currencies

Virtual Currencies

There are two virtual currencies in use within EOS.  Please review the FAQs for further details as to the conditions of use: www.empireofsports.com/en/support/faq/index.html

General Currency Rules

Refunds are not offered in respect of money deposited onto your Account.  Virtual money must be used and exhausted within EOS.  In the event of termination of your Account, whether by you or EOS, no refunds will be made.

 

 

Virtual Items & Purchases

There are a number of virtual items for which you can purchase a limited license.


Limited License: Please note that as the items are indeed virtual – and as such not part of real life – you are only purchasing and being granted, for a limited duration, a non-exclusive, license to display within the confines of the EOS environment and to distribute the same only to other registered users of EOS.  Copying, modifying, adapting, reverse engineering or displaying virtual items outside of the EOS environment will be considered a Serious And Material Breach of this Agreement, which will be terminated immediately with no compensation whatsoever due to You.

If there are special terms and conditions relating to a particular virtual item, those rules will be clearly displayed at the time of purchase (“Special Terms”). All and any Special Terms are expressly incorporated into this Agreement. In the event of any conflict between the Special Terms and this Agreement, the terms of this Agreement shall govern and prevail.

 

VIRTUAL ITEMS AND CURRENCY ARE PROVIDED TO YOU SOLELY UNDER THE TERMS OF THE LIMITED LICENSE ABOVE AS WELL AS THE TERMS OF THIS AGREEMENT.

 

You agree that you have no proprietary interest or title in virtual items. Empire of Sports AG may amend, delete or otherwise change the terms upon which it provides to you the virtual currency and items.

 

Player to Player - Exchange Window & Private Transactions

For the purpose of this Agreement, the following words are interchangeable: transaction, buy, sell, swap, trade, barter, purchase.
You may buy, sell or swap virtual items between you and any number of other players via the trade window, or via other private arrangements and methods (“Private Transactions”). However, Empire of Sports AG accepts no responsibility howsoever arising, in respect of any Private Transaction that you may conduct.  It is your responsibility to assure yourself of all aspects of the Private Transaction.

All virtual items are subject to the license terms under which it was originally bought.  Please refer to the clause, Virtual Items and Purchases, for further details.

 

Purchases from Third Parties

If you purchase any goods or services from a third party (that is a non-player) within the environment of EOS, You acknowledge that Empire of Sports AG cannot be held liable for any fault or default in that service or good.  Empire of Sports AG does not make any representation as to the security, quality, accuracy of third party sites and expressly disclaims any liability for any goods or services or any transaction that you take part of via third party sites.  Your sole recourse, legal or otherwise, is to and with that third party.

 

On-Line Competitions, Tournaments and Promotions

EOS and Partner Tournaments

A key feature of EOS is the Empire of Sports AG’s or our partners’ and sponsors’ competitions, tournaments and promotions (“EOS Events”).  Each EOS Event will have a different set out rules, for instance regarding entry requirements, winning etc. The rules for each EOS Event will be clearly displayed.  It is your responsibility to ensure that you are aware of all of the regulations in respect of each EOS Event that you enter. Please read all associated terms carefully. In respect of game play, Empire of Sports AG will strictly enforce the Code of Conduct.

 

All EOS Events will be monitored by Empire of Sports AG and all determinations and decisions of Empire of Sports AG will be final.

 

There is also the option of players creating their own matches and tournaments (“Player Events”).  Please ensure that if any rules are posted, that you have read, understood and agreed to them.  Player Events are NOT moderated by Empire of Sports AG.

Please note that you must not bet or gamble on any EOS Event or Player Events. Such activity will be considered a Material Breach of this Agreement.

 

 

Please refer to the EOS Privacy Policy (www.empireofsports.com/en/footer/legal-infos/index.html) in respect of Your participation in EOS Events as Your entry and acceptance is highly conditional upon Your agreeing with Empire of Sports AG collecting, using, storing, transmitting and publicly displaying statistical information (such as Your scores, rankings and achievements) generated through Your participation in any and all EOS Events.

 

Termination

Player Termination

You may terminate your Account at any time by following the instructions on the website. If you voluntarily terminate your Account, You may reactivate the Account. However, upon termination – whether instigated by you or Empire of Sports AG, details of your Account may be disposed of or otherwise removed; this may include details regarding your game play and avatar.

Suspension

If an Account is suspended, then during the time of suspension you will not be able to have access to it, or play EOS.  During any period of suspension, your Account is frozen and play may be resumed after such period of suspension. 

Depending on the severity of the reason giving rise to the disciplinary action, Empire of Sports AG may issue any number of warnings to you, before suspending or terminating your Account.

Empire of Sports AG may terminate or suspend Your Account if you contravene any of the rules of this Agreement, any other applicable agreement, including the Code of Conduct, or for any other reason whatsoever.  Empire of Sports AG may, but is not obligated to inform you before implementing any disciplinary action.

Material Breach

If You commit a breach either of this Agreement, any applicable agreement or if Empire of Sports AG determines in its absolute discretion that the said breach is of such a serious nature that it is a material breach (“Material Breach”), then Empire of Sports AG will terminate your Account immediately and with or without notice to you.
You acknowledge that you have no interest or right (howsoever arising) in regards to your play generated Account details.

In any event, Empire of Sports AG, in its absolute discretion, may terminate, suspend or otherwise change the terms upon which Empire of Sports AG provides to you the Account.

 

User Generated Content Ownership and Warranties

User Generated Content shall mean, without any limitation whatsoever, any feedback, chat logs, forum logs, emails, pictures, screenshots, video, game characters and /or game play, or any communication whatsoever that you create from and / or insert, append, attach or otherwise upload to EOS, the EOS Websites, forums and / or chat logs (“UGC”).

You warrant:

- that any and all UGC provided by you, shall be solely created by you and/ or that have a license to use the said UGC in the manner in which you do; and

- that none, either in whole or in part, of the UGC infringes upon any intellectual property of any third party.

You acknowledge and agree that any and all UGC created and / or generated by you, at any time, is and shall be the sole property of Empire of Sports AG.
You agree to assign any rights that you may have in any UGC to Empire of Sports AG and to execute any and all documents required in order to assign any such rights to Empire of Sports AG.  Alternatively, if such an assignment is found to contravene any local laws, you hereby grant to Empire of Sports AG a perpetual, royalty free, irrevocable and unlimited license to use the UGC in such manner, including without limitation, to sub-license and commercially use any UGC, that Empire of Sports AG in its sole discretion decides.
You acknowledge that have no interest, monetary or otherwise, in any feature or content contained in EOS Property or UGC.

 

Consent to Monitor and Disclose

Empire of Sports AG will monitor, although Empire of Sports AG is under no obligation to do so, the Service, the EOS environment, chat logs and forums and any and all communications (of whatever method) between you and Empire of Sports AG.  In addition, Empire of Sports AG reserves the right to record any and all communications.  You agree that you will have no expectation to the right of privacy.

You will remain fully liable and responsible for anything you submit to EOS.  Such liability may arise under the EOS Code of Conduct and / or pursuant to law.

Empire of Sports AG reserves the right to edit, remove or otherwise refuse to publish any UGC.  Empire of Sports also reserves the right to disclose any UGC for any reason, and such reasons may include (without limitation):

1) to comply with any applicable law, regulation or legal request,

2) in order to enforce the terms of this Agreement,

3) disclosure to the police, judicial authority,

4) in order to protect the rights or remedies of Empire of Sports AG or our users, or

5) if Empire of Sports AG believes that any persons health or safety is threatened.

Please refer to the Privacy Policy (www.empireofsports.com/en/footer/legal-infos/index.html) for full details in respect of this subject matter.

 

Your Responsibilities

Subject to the license granted hereunder, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on EOS Property, or remove any proprietary notices or labels on EOS Property. Failure to comply with the restrictions and limitations contained in this clause will result in the immediate and automatic termination of the license granted hereunder and may subject you to civil and/or criminal liability. However, you may make one (1) copy of the EOS Client and the materials for back-up and archival purposes only.

You agree that you shall not, under any circumstances:

1) sell or grant a security interest in or transfer reproductions of EOS Property to other parties in any way not expressly authorized by this Agreement;

2) rent, lease or license EOS Property to any third party, whether for personal or commercial purposes;

3) exploit EOS Property or any of its parts for any commercial purpose, including without limitation, use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of Empire of Sports AG;

4) host, provide or develop matchmaking services for EOS Property or intercept, emulate or redirect the communication protocols used by Empire of Sports AG in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to EOS Property, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including without limitation unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks;

5) facilitate, create or maintain any unauthorized connection to EOS Property, including without limitation, any connection to any unauthorized server that emulates, or attempts to emulate, EOS Property. All connections to EOS Property, whether created by the EOS Client, or the software, or by other tools and utilities, may only be made through methods and means expressly approved by Empire of Sports AG. Under no circumstances may you connect, or create tools that allow you or others to connect, to EOS, software, the EOS Client or the System proprietary interface other than those expressly provided by Empire of Sports AG for public use;

6) use EOS Property to transmit or facilitate the transmission of, without limitation, viruses, trojans,  malware or any such other harmful computer code, files  or programs;

7) bypass or contravene any digital rights management technology that is or may be integrated into EOS Property; and / or

8) use the Software or System to infringe upon the intellectual property rights of third parties or to contravene any applicable law.

 

Patches, Bug Fixes, Updates, New Versions

In its absolute sole discretion and from time to time, Empire of Sports AG may deploy or provide patches, modifications, bug fixes, updates and new versions to EOS that must be installed upon your computer hardware in order for you to play EOS and/ or access the System (“Updates”). Empire of Sports AG may install Updates remotely, including, without limitation, the EOS client that is installed on your computer.  Empire of Sports AG may undertake the remote installation of Updates, without your knowledge and you hereby grant to Empire of Sports AG your consent to deploy and apply such Updates. However, EOS is under no obligation whatsoever to provide such Updates to you.  Please note that Updates may be applied automatically and without notice to you. If you refuse to accept Updates, your game play experience maybe seriously effected and / or you may not be able to access EOS and / or the System.

 

Third Party Links and Websites

EOS or the EOS websites may contain hyperlinks to the websites of third parties.  Empire of Sports AG expressly disclaims any responsibility for the content or policies of third party sites. You must make yourself aware of the policies and practices of such third party sites, including the privacy polices of the said third parties.

Further, Empire of Sports AG does not make any representation as to the security, quality, accuracy of third party sites and expressly disclaims any liability for any goods or services or any transaction that you take part of via third party sites.  Your sole recourse, legal or otherwise, is to and with that third party.

 

Photosensitive Seizure Warning

A very small percentage of people may experience a seizure when exposed to certain visual images, including flashing lights or patterns that may appear in video games. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these "photosensitive epileptic seizures" while watching video games. These seizures may have a variety of symptoms, including light-headedness, altered vision, eye or face twitching, jerking or shaking of arms or legs, disorientation, confusion, or momentary loss of awareness. Seizures may also cause loss of consciousness or convulsions that can lead to injury from falling down or striking nearby objects.
IMMEDIATELY STOP PLAYING AND CONSULT A DOCTOR if you experience any of these symptoms. Parents should watch for or ask their children about the above symptoms – Young People are more likely than adults to experience these seizures.

 

Limitation of warranty

EOS PROPERTY (INLUDING WITHOUT LIMITATION THE EOS, CLIENT SOFTWARE, ACCESS TO THE SYSTEM  AND MATERIALS(S)) ARE PROVIDED "AS IS" AND “WHERE IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF EOS PROPERTY REMAINS WITH YOU.  SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Limitation of liability

EMPIRE OF SPORTS AG SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF EOS OR ANY USE OF EOS, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF PROFIT, LOSS OF CHANCE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, EMPIRE OF SPORTS AG SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS OR CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY EOS, THE SOFTWARE, WEBSITES AND/OR THE SYSTEM. EMPIRE OF SPORTS AG SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, BUGS, MALFUNCTIONS OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL EMPIRE OF SPORTS AG BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL EMPIRE OF SPORTS AG'S LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED (IN THE AGGREGATE) THE TOTAL FEES PAID BY YOU TO EMPIRE OF SPORTS AG DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.

 

Indemnity

You hereby agree to defend, indemnify and hold Empire of Sports AG harmless from and against any claim, liability, loss, injury, damage, cost or expense (including reasonable attorneys' fees) incurred by Empire of Sports AG arising out of or from your use of  EOS Property. Some countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

 

Equitable Remedies

You hereby agree that Empire of Sports AGwould be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that Empire of Sports AG shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Empire of Sports AG may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, reasonable attorneys' fees and other reasonable expenses incurred by such prevailing party in the litigation.

 

Changes to the Agreement

Empire of Sports AG reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement whenever Empire of Sports AG upgrades the EOS and / or software and / or the EOS Client.  The most recent version of this Agreement will be posted on the Website at www.empireofsports.com/en/footer/legal-infos/index.html.

If you do not agree with any change (in whole or in part) of the then amended Agreement, or if the new changes cause you to no longer be in compliance with the then amended Agreement, you may terminate this Agreement in accordance with the clause, Termination, above.
Your installation and use of any Updates or EOS Property following publication of the then amended Agreement will be deemed to be your consent to the new terms and conditions of the then amended Agreement.

 

Survival

The clauses: Confidentiality, Intellectual Property Rights & Ownership and User Generated Ownership & Warranties, Equitable Remedies, Limited Liability and Your Responsibilities as set out in this Agreement shall survive the expiration, termination or rescission of this Agreement and continue in full force and effect.

 

Miscellaneous

Severability    

If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from this Agreement.

Waiver    

No waiver by either party of any default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of this Agreement.
Force Majeure    Empire of Sports AG will not be liable or responsible for any failure to perform, or delay in performance of, any of his obligations under this Agreement that is caused by an ‘Act of God’ or earn vent outside Empire of Sports AG’s direct control.

Assignment    

This Agreement is personal to you and cannot be assigned, either in whole or in part, to any other person.

Entire Agreement    

This Agreement is the entire agreement between Empire of Sports AG and you with respect to the subject matter hereof and supersedes any prior oral or written agreements, provided, however, that this Agreement shall coexist with, and shall not supersede, the End User License Agreement. To the extent that the provisions of this Agreement conflict with the provisions of the End User License Agreement, the conflicting provisions in this Agreement shall govern.

In the event that there are any conflicts or other discrepancies between the terms of this translated Agreement and that of the respective English source agreement, the terms of the appropriate English source agreement shall prevail and govern in all respects.

Notices    

Any notices pursuant to this Agreement must be served in writing and sent to General Counsel, Grafenauweg 2, Zug, Switzerland.

 

Governing Law

 

This Agreement will be governed by and construed under the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the laws of England and Wales. 

 

I acknowledge that I have read and understood this Terms of Use Agreement and agree that by clicking “Accept” or installing EOS I consent to be bound by the terms and conditions of this Terms of Use Agreement.

 

Copyright © 2008 Empire of Sports AG.  All rights reserved. Trademarks belong to their respective owners.

Adidas, the 3-Bars logo and the 3-Stripe trade mark are registered trade marks of the Adidas Group, used with permission.October 2008