Last updated: November 14, 2020
EPIK PTE LTD, a company incorporated under the laws of Singapore ("EPIK", "we", "our", "The Company"), welcomes you (the "User(s)", "you", "Participant(s)") to our primary website at https://epik.gg (the "Site" or "Website") and all web pages accessible through the Website.
- ELECTRONIC COMMUNICATIONS
Visiting the Website, using any contact form on the Site or sending emails to it constitutes electronic notices. You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, "Communications") that EPIK provides in connection with your use of the Site). You agree that EPIK may provide these Communications to you by posting them on the Website, by emailing them to you at the email address you provide, and/or by sending an SMS or text message to a mobile phone number that you provide; any such Communication shall be valid and have legal force.
You may contact us by either (a) completing a contact form, which may be from time to time available at the Website, or by (b) contacting us directly by email to the address: [email protected] The contact form on the Website may require, among other things, your full name, e-mail address, phone number, country of residence, company/organization name, and your position in the company/organization.
This Site may not be used by anyone under the age of 18 without the supervision of a parent or legal guardian who agrees to be bound by these Terms. You represent and warrant that you are at least 18 years of age (or the age of legal majority under applicable law), or, if not, that you have reviewed these Terms with your parent or legal guardian and that he or she has agreed to be bound by these Terms.
Certain countries may define different age restrictions. You are solely responsible for complying with the regulations and laws of the territory from which you access or use the Website.
- THIRD-PARTY CONTENT
In using our Site, you may view certain content provided by third parties, including, including but not limited to advertisements, promotions, materials and links to third-party resources or websites (the "Third-party content"). EPIK is not responsible for and does not make any warranties as to the Third party content, does not endorse and is not responsible for any information, statements, content, ads, goods or services, or other materials on or available from such resources or websites.
We are not responsible or liable for any loss or damage of any sort incurred as the result of accessing or using of any Third-party content, and you understand that your use of Third-party content, and your interactions with third parties that are linked to or from our Website, is at your own risk.
- USER GENERATED CONTENT
The Website may provide possibility for posting or creating content through the Website or beta version of EPIK Platform (the "User generated content"). If you create or provide any User generated content, you must ensure that such content at all times is true, accurate, complete and up to date, and that such content does not breach any rights of third parties or laws. By creating or providing any User generated content to the Website you warrant that you own all intellectual property rights to such content, that such content does not violate any rights of third parties, laws or regulations. You shall be solely liable and responsible for your User generated content.
We do not review all User generated content and do not have such an opportunity. We do not undertake any obligations in respect to the User generated content, e.g. obligations of confidentiality. At all times, we retain the right to remove any User generated content without any prior notice if case we, in our sole discretion, determine that such content is offensive, unacceptable, may harm us or violate these Terms, any laws or public order.
By creating or providing User generated content to us you grant EPIK, its agents, contractors, partners, officers, employees and successors a non-exclusive, irrevocable, royalty free, perpetual, worldwide right to use, copy, edit, reproduce, translate, publicly display and perform, distribute, create derivative works from your User generated content and the right to assign these rights to third parties in whole or in part.
- NO ADVICE
No part of the information or content available on the Website should be considered to be business, legal, financial, tax or other professional advice regarding EPIK, EPX, or any of the matters to which all or any part of such information relates. You should consult your own legal, financial, tax or other professional advisor regarding this information. You should be aware that you may be required to bear the financial risk of any purchase of EPX.
We shall not be responsible for the accuracy of the information and materials on the Website, therefore any use of such information or materials is at your own discretion and risk and you are solely responsible for any possible damages or losses arising from such use, e.g. damages to your computer system, loss of data.
- USE GUIDELINE
You may not use the Website, its content and services provided through the Website for purposes other than those specified by EPIK. You may not use this Website in any manner that could disrupt, interfere with or inhibit other Users from using this Website, or that could disable, impair or harm the functioning of the Website or servers. You may not use the Website to collect any data or information for any purposes other than stated on the Website, e.g. for market or other research for any third parties. You may not use robots, spiders or other automated means to access the Website or its parts, provided, however, that search engines and their operators may use such means for creating publicly-available searchable indices of the materials, excluding caches or archives of such materials.
You may not use the Website and its content to make any statements that result or could result in perceiving EPX by other persons and Users as an investment instrument or "security".
- INTELLECTUAL PROPERTY RIGHTS
The Website contains materials and data, e.g. analytics, software, technologies, texts, code, graphics, logos, images provided by or on behalf of EPIK (the "EPIK'S IP"). Such EPIK'S IP may be owned by us or by third parties, is protected under the laws of Singapore, and may not be copied, imitated or used, in whole or in part, without our prior written permission. You do not have nor obtain any rights to EPIK'S IP and nothing in this documents grants such rights. Elements of the Website, are protected as trade dress, trademarks and as other Intellectual Property Rights objects. Unauthorized use of EPIK'S IP may violate our rights and rights of third parties.
In addition, the look and feel of EPIK Platform, our services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of EPIK (whether registered or not) and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned through the Website are the property of their respective owners.
Reference to any products, services, processes or other information, by name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
- COLLECTION OF INFORMATION
- AVAILABILITY AND ACCESS
Other for than our members-only login for services, we are not going to terminate access to the Website for any user, and the Website is public and can be accessed without login or registration. At the same time, the Website's availability and functionality depends on various factors, such as communication networks. EPIK does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
We may terminate these Terms, same as your access to the Website or any of its parts at any time without any prior notice and liability.
- JURISDICTION AND DISPUTE RESOLUTION
Governing Law. These Terms will be governed by and construed and enforced in accordance with the laws of Singapore, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any Dispute between the Parties arising out or relating to these Terms or its subject matter or formation (including non-contractual Disputes or claims) that is not subject to arbitration shall be exclusively resolved by the courts of Singapore.
Binding Arbitration. Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, "Disputes") in which either Party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and the Company (i) waive your and the Company's respective rights to have any and all Disputes arising from or related to these Terms resolved in a court, and (ii) waive your and the Company's respective rights to a jury trial. Instead, you and the Company will arbitrate Disputes through the binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court). Any Dispute shall be referred to and finally resolved by arbitration under the Rules of the Singapore International Arbitration Centre ("SIAC") in force on the date on which the arbitration is commenced, which Rules are deemed to be incorporated by reference into these Terms. The seat of the arbitration shall be Singapore. The language of the arbitration shall be English. Any award of the tribunal shall be final and binding from the day it is made. The tribunal shall consist of three arbitrators. Each party hereto shall nominate one arbitrator. In the event that either of the two parties hereto fails to nominate an arbitrator within 30 days after the commencement of the arbitration proceedings, then the SIAC shall nominate an arbitrator on behalf of the party or parties hereto which have failed to nominate an arbitrator. The third arbitrator, who shall be the presiding arbitrator, shall be nominated by the two party-nominated arbitrators within 30 days of the last of their appointments. The parties hereto agree to keep confidential all matters relating to the arbitration, including related court proceedings, to the greatest extent practicable.
No Class Arbitrations. Class Actions or Representative Actions. Any Dispute arising out of or related to these Terms is personal to you and the Company and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Notice: Informal Dispute Resolution. Each Party will notify the other Party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the Parties can attempt in good faith to resolve the Dispute informally. Notice to the Company shall be sent by e-mail to the Company at [email protected] Notice to you shall be sent by email to the email address you provide to us in the Contact Us form on the Website. Your notice must include (i) your name, postal address, email address and telephone number, (ii) a description in reasonable detail of the nature or basis of the Dispute, and (iii) the specific relief that you are seeking. If you and the Company cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable Party, then either you or the Company may, as appropriate and in accordance with this Section 11, commence an arbitration proceeding or, to the extent specifically provided for in the first paragraph of this Section 11, file a claim in court.
Authority of Arbitrator. The arbitrator will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
- LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL EPIK, INCLUDING EPIK'S REPRESENTATIVES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, ASSIGNEES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SITE, ANY COMMUNICATIONS AND INTERACTIONS OR MEETINGS WITH USERS OF THE SITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE AS A RESULT OF YOUR USE OF THE WEBSITE, AND/OR THE CONTENT, YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT AND/OR THE FAILURE OF THE SITE TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT, OR FROM THE PERFORMANCE OR FAILURE OF EPIK TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF EPIK OR EPIK'S REPRESENTATIVES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, ASSIGNEES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER EPIK OR EPIK'S REPRESENTATIVES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, ASSIGNEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In any case, without limiting the generality of the foregoing and to the maximum extent legally permissible, EPIK'S and EPIK'S representatives' total aggregate liability for all damages or losses whatsoever arising hereunder or in connection with your use or inability to use the Website and/or the content shall be limited to the amount actually paid by you, if any, to EPIK for use of the site or $1, whichever is greater. You will not, and hereby waive any right to, seek to recover any other damages, including consequential, lost profits, special, indirect or incidental damages from us and from EPIK'S representatives, officers, employees, agents, contractors, partners, assignees. Inasmuch as some jurisdictions do not allow the exclusions or limitations as set forth herein, the full extent of the above exclusions and limitations may not apply.
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, YOU WILL INDEMNIFY, HOLD HARMLESS AND DEFEND EPIK, ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, CONTRACTORS, SHAREHOLDERS, SERVICE PROVIDERS, AFFILIATES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS FROM AND AGAINST ALL AND ANY DAMAGES, LIABILITIES, CLAIMS, LOSSES, COSTS, INCLUDING ATTORNEYS' FEES THAT ARISE DIRECTLY OR INDIRECTLY FROM YOUR ACCESS OR USE OF THE WEBSITE, OUR SERVICES, YOUR USER GENERATED CONTENT AND VIOLATION OF THESE TERMS. WE RESERVE THE RIGHT TO EXERCISE SOLE CONTROL OVER THE DEFENSE, AT YOUR EXPENSE, OF ANY CLAIM SUBJECT TO INDEMNIFICATION PURSUANT TO THESE TERMS. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN CONTRACT BETWEEN YOU AND EPIK.
14.2 Amendments. EPIK may modify, change, supplement or update these Terms in our sole discretion at any time without advance notice. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending an email, providing notice on the homepage of the Site and/or by posting the amended Terms via the applicable Website and updating the "Last Updated" date at the top of these Terms. The amended Terms will be deemed effective immediately upon posting for any new Users. In all other cases, the amended Terms will become effective for pre-existing Users upon the earlier of either: (i) the date Users click or press a button to accept such changes, or (ii) Users continued use of Website after EPIK provides notice of such changes. Any amended Terms will apply prospectively to use of the Terms after such changes become effective. If you do not agree to any amended Terms, you must immediately cease from using the Website.
14.3 Severability. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
14.4 Language. Currently, only English versions of any EPIK'S communications are considered official. The English version shall prevail in case of differences in translation.
14.5 Force Majeure Events. EPIK shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond EPIK'S reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, declared and undeclared war, insurrection, riot, labor dispute, accident, action of government, authorities, communications, power failure, or equipment or software malfunction or any other cause beyond EPIK'S reasonable control.
14.6 Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from EPIK, including by operation of law or in connection with any change of control. EPIK may assign or transfer these Terms, any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval, provided that you will be informed of such transfer in the order provided herein.