erwinpale Games owns the rights of the website found at https://erwinpale.com/, which is owned by erwinpaleGames. Additional guidelines, terms, or rules may apply to some Site features; these will be disclosed on the Site in connection with those features.
All such additional agreements, policies, and regulations are included into these Terms by reference.
YOU ARE AGREEING TO THESE TERMS BY LOGGING INTO THE SITE, AND YOU REPRESENT THAT YOU ARE AUTHORIZED AND CAPACITATED TO AGREE TO THEM.
TO ACCESS THE SITE, YOU MUST BE AT LEAST 18 YEARS OF AGE. DO NOT LOG IN TO OR USE THE SITE IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS OF THESE TERMS.
These terms limit the remedies that are available to you in the case of a disagreement and mandate the use of Section 10.2 individual arbitration to settle disputes.
Access to the Site
under these Conditions. You are given a non-exclusive, revocable, limited permission by the company to access the site for your own private, non-commercial use only.
The permissions granted to you in these terms are subject to the following restrictions: (a) You may not use the Site for commercial purposes; (b) You may not modify, create derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site; (c) You may not access the Site to create a similar or competing website; (d) No part of the Site may be copied, reproduced, or distributed in any way without the prior written consent of the owner of that part of the Site. All copyright and property notices on all copies of the Site must be kept.
Without prior notice, the corporation retains the right to modify, suspend, or end the Site. You agree that any modifications, interruptions, or termination of the Site or any portion thereof will not subject the firm to any liability to you or any third party.
Third-Party Links & Ads; Other Users
Links to third-party websites and services, as well as advertisements from third parties, may be found on the website. The company has no control over and bears no responsibility for these links and advertisements. The company does not recommend or make any claims about these links and adverts; they are just made available to you as a convenience. You should use caution and at your own risk when using these links and adverts. The terms and conditions of the relevant third-party will be in effect when you click on these links or advertising.
The Users’ Responsibilities. Each website user is fully in charge of their own user content. The firm disclaims all liability for any loss or harm arising from your interactions with other users and any user content, whether provided by you or by third parties. The business will avoid interfering in any user conflicts.
Limitation of Liability. In relation to any and all past, present, and future disputes, claims, disagreements, demands, rights, duties, liabilities, actions, and causes of action relating to the website, you thus release and discharge the firm, its officers, employees, agents, successors, and assigns. California Civil Code Section 1542, which stipulates that a general release does not extend to claims not known or suspected at the time of release, will not apply to you if you live in California.
The Company and its suppliers disclaim all warranties and conditions, whether stated, implied, or statutory, including all warranties of merchantability, suitability for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. The Site is given “as-is” and “as available.” The Site’s accessibility, dependability, accuracy, lack of viruses or other dangerous code, completeness, legality, or safety are not guaranteed. Any warranties relating to the Site are only valid for 90 days after the date of first use, unless otherwise specified by applicable legislation.
Limitation on Liability
To the fullest extent permitted by law, neither the company nor its suppliers shall be liable to you or any third party for any lost profits, damages, or indirect, special, incidental, punitive, or consequential losses resulting from or connected with the use of the site, these terms, or your inability to use the site. You agree to use the site at your own risk and accept responsibility for any harm or data loss that results from your use. Under no circumstances will the company and its suppliers be liable for more than $50 USD to you. Under no circumstances shall the providers’ liability exceed this amount. The exclusion of liability for incidental or consequential losses may not be permitted by all jurisdictions.so this limitation may not apply to you.
As long as you use the website, these conditions will be in force. Your account and access to the site will be immediately terminated upon termination of your rights by the firm, which may do so at any time and for any reason. Your user material connected to your account may be removed from the business’s databases after termination. If your rights under these conditions are terminated, the company won’t be held responsible. Sections 2-2.5, 3, and 4-10 of these terms will still apply after termination.
Company respects the intellectual property of others and anticipates that site visitors will do the same. We have adopted a policy in accordance with copyright law to defend against copyright infringement, which entails eliminating any content that violates copyrights and canceling the accounts of repeat offenders. By sending a written request to our designated Copyright Agent, you can ask for the removal of any content you believe violates your copyrights due to another user’s use of our site. Included in the notification must be:
Your signature, whether written or digital
Identification of the work(s) violating the copyright Identification of the content on our website that you believe to be infringing
enough details for us to find the content
Please provide your name, address, phone number, and email address.
a declaration stating your opinion that the law or the copyright owner has not given permission for the use of the infringing content
a statement stating, under pain of perjury, that the information in the notification is true and that you are either the copyright owner or have their permission to act on their behalf.
These Terms are subject to change, and we reserve the right to send you an email or post a notice on our website to let you know about material changes. It is your duty to give us your most recent email address. Our sending of the email notice will be regarded as effective even if the email address you provided is no longer active. Changes to the Terms will become effective 30 days after we inform you about them or 30 days after we post them on our website, whichever comes first. These modifications will be immediately applicable to all new users of the Site.
Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Please read the Dispute Resolution section very carefully. It affects your rights and is a component of your contract with the company. Procedures for mandatory binding arbitration and a class action waiver are included in this section.
Before requesting arbitration, a party must first give the other party a written Notice of Dispute describing the nature and grounds of the claim as well as the requested relief. This notice shall be delivered to the Company at its address on file. Within 30 days after receiving the notification, both parties are advised to attempt an informal resolution of the disagreement. In the event that the disagreement cannot be settled, either party may request arbitration. The arbitrator shouldn’t be made aware of any agreements reached prior to the arbitration process.
The American Arbitration Association (AAA) or a different provider of alternative dispute resolution chosen by both parties will serve as the venue for the arbitration. Except when they conflict with the rules of the arbitration, the AAA’s Consumer Arbitration Rules shall govern the arbitration. The arbitration will be conducted before one arbitrator who will act impartially. For claims under $10,000, binding non-appearance-based arbitration is available; but, for claims over $10,000, a hearing may be necessary.If a hearing is required, it will happen within 100 miles of the claimant’s home or at a site that all parties agree upon. The arbitrator’s decision may be used as the basis for a judgment in a court with appropriate jurisdiction. The company will pay the award or $2,500, whichever amount is higher, if it exceeds the most recent settlement offer made by the arbitrator. Each party shall bear its own expenses and expenditures and shall contribute equally to the fees and expenses of the ADR provider.
Guidelines for Non-Appearance Based Arbitration. If non-appearance arbitration is chosen, the initiating party will choose how the arbitration will be conducted, whether it be by phone, internet, or written submissions. It is not essential for the parties or witnesses to personally appear unless both parties agree to it.
Arbitration Period Arbitration must be requested or initiated within the legal time restrictions and deadlines outlined in the AAA rules for the specific issue.
Authority of the arbitrator. If arbitration is required, the arbitrator will be in charge of deciding each party’s rights and obligations. No additional cases or parties will be included in the dispute. According to the Terms, the AAA Rules, and any applicable law, the arbitrator may grant dispositive motions, grant monetary damages, and grant non-monetary remedies. The written award and statement of decision from the arbitrator will include all significant discoveries and judgments. In a court of law, they have the same authority as the judge. Both parties are required to abide by the arbitrator’s ruling.
Jury Trial Waiver By signing this agreement, the parties agree to arbitrate all claims and disputes hereunder instead of going to court to enforce their legal or constitutional rights to a jury trial. The arbitration process is often more constrained, effective, and affordable than court procedures and is only loosely amenable to judicial review. The parties forgo the right to a jury trial and agree to have the dispute decided by a judge in the event that any litigation between the parties is brought in a state or federal court to set aside or enforce an arbitration judgment.
Class or consolidated actions are not allowed. Claims from numerous customers or users cannot be arbitrated or litigated jointly or merged with those of any other customer or user. All claims and disputes must be settled on an individual basis, not as a class.
Confidentiality. The arbitration proceedings shall be conducted in strict confidence. The parties agree to keep this information private unless the law specifies otherwise. This does not preclude a party from providing the evidence required by a court of law to enforce this agreement, a judgment of arbitration, or to obtain injunctive or equitable relief.
Severability. If any part of this agreement is found to be invalid or unenforceable by a court of competent jurisdiction, that specific part will be null and void and the remainder of the agreement will remain in full effect.
Right to Waive. Either party may waive any of the rights and limitations outlined in this agreement, but such a waiver will not affect any other portion of the agreement.
Maintaining the Agreement. Even if your relationship with the company is over, this arbitration agreement will remain in effect.
Court for small claims.
Despite the aforementioned, either you or the Company may file a claim in small claims court on an individual basis.
Equitable Emergency Relief
Despite the aforementioned, either party may ask a state or federal court for immediate equitable relief in order to keep things as they are while arbitration is proceeding. Any additional rights or responsibilities under this Arbitration Agreement shall not be construed to have been waived by a request for temporary relief.
Claims Exempt from Arbitration. Despite the aforementioned, claims of defamation, violations of the Computer Fraud and Abuse Act, and infringement or misappropriation of the patent, copyright, trademark, or trade secrets of the other party shall not be covered by this arbitration agreement.
The parties hereby consent to the personal jurisdiction of the courts in Netherlands County, California for any situation where the aforementioned arbitration agreement allows for judicial litigation.
The Site can be governed by export control laws from the United States as well as export or import laws from other nations. You acknowledge that exporting, reexporting, or transferring any US technical data you have obtained from the Company, or any products using such data, in violation of US export laws or regulations is prohibited.
The Company’s address is listed in Section 10.8. Residents of California may file complaints with the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by sending a letter to 400 R Street, Sacramento, CA 95814, or by calling (800) 952-5210.
Electronic Communications: You and the company will communicate electronically through the use of the website, email, or notices that the company posts on the website. You consent to receive messages from the company electronically and agree that they have the same legal effect as printed communications.
Entire Agreement: These terms and conditions constitute the entire agreement between you and the company regarding the use of the site. The company’s failure to enforce any right or provision in these terms does not waive that right or provision. The section titles are for convenience only and have no legal impact. The term “including” means “including without limitation.” If any provision of these terms is deemed invalid, the other provisions will remain in effect and the invalid provision will be modified to the maximum extent allowed by law. You are considered an independent contractor and not an agent or partner of the company. You may not transfer these terms without the company’s prior written consent, and any attempt to do so will be null and void. The company may freely assign these terms and conditions, which will be binding on the assignees.
Copyright/Trademark Information.Copyright © All rights reserved. All trademarks, logos, and service marks displayed on the site are either the property of the company or third-party entities. You are not permitted to use these marks without the prior written consent of the company or the third-party owner.
Email: [email protected]