These terms of use (“Terms of Use”) set forth certain rights and obligations of you (the “User” or “you”) and EPIC LEAGUE PTE. LTD. (the “Company”) in connection with the Company’s provision and the User’s use of EPL Hub (together with any websites, mobile applications and all other services related thereto, the “Services”).
By using the Services, you acknowledge that you are an adult with legal capacity to use the Services (the “Qualified Person”), and will be deemed to have fully understood and agreed to these Terms of Use.
If you do not agree with these Terms of Use, or are a minor without such legal capacity, you must not use the Services.
*NOTICE OF ARBITRATION: THESE TERMS OF USE ARE SUBJECT TO A BINDING ARBITRATION, AND IS PREMISED ON VOLUNTARY WAIVER OF ANY OF YOUR RIGHTS TO BRING A CLASS ACTION AS SET OUT IN ARTICLE 15 HEREIN, AND YOU AGREE TO COMPLY WITH SUCH WAIVER TO SETTLE ANY AND ALL DISPUTES WITH THE COMPANY.
1. Definition
1.1. “Services” shall mean EPL Hub, an online web and mobile service based on blockchain technology that allows the User to manage, trade and exchange Digital Assets (as defined below).
1.2 “Digital Asset” shall mean data issued based on blockchain technology as well as cryptocurrency, token, coin, NFT, and other digitalized assets derived therefrom, including, without limitations, Totem NFT, EPL and any game tokens on blockchain.
1.3 “Nickname” means a name that the User may choose for using as a substitute for Account within the Services.
1.4 “Affiliate Services” means services of issuing Digital Assets, which may be managed and traded using the Services.
2. Account
2.1. Eligibility: If you are a Qualified Person, and there is otherwise no restriction on using the Services pursuant to the laws of your country of residence, then you may agree to the Terms of Use and register a valid account to enjoy the Services.
* You cannot use the Services if you disagree with the Terms of Use or trading Digital Assets is prohibited under the laws of your country of residence, or otherwise are not a Qualified Person.
2.2. Account Registration: To use the Services, the User must register a valid account. The User may register an account, by using an account established with a third-party service provider as permitted by the Company. The Company has sole discretion to add, change or delete the list of such third party service providers.
Any data collected by the Company through an account registration procedure will be processed safely and appropriately in accordance with the Company’s privacy policy, and any of such data provided by the Company to a third party for trading or exchanging Digital Assets through the Services will be processed in accordance with the Company’s privacy policy.
2.3. Rejection of Account Registration and Restrictions on Use of the Services: If the User falls under or is expected to fall under any of the following, the Company may prohibit or restrict the User from using the Services or registering an account for the Services, and may suspend all or a part of the User’s use of the Services.
i. If the User is not a Qualified Person;
ii. If the User provides false information or does not provide information as requested by the Company;
iii. If the use of the Services constitutes or has a potential risk to constitute a violation of the applicable laws in the User’s country of residence;
iv. If the User is involved in, or there is a reasonable suspicion that the User may be involved in any money laundering or other criminal activities;
v. If the User is a resident of a country that the Company does not provide its Service in; or
vi. If the User’s account registration would result in a violation of any applicable laws or regulations.
2.4. Account Security: The User must keep his/her login information confidential, and shall be solely responsible for all uses of his/her account(s). The User may not use other Users’ accounts nor allow other persons to use his/her account(s). The User acknowledges and agrees that he/she is solely responsible for all actions taken in connection with his/her account(s) (including, but not limited to, the sale and exchange of Digital Assets, and any other activities that may occur), and agree that the Company shall not be liable for any losses or damages that may arise as a result thereof. The Company shall not be liable for any loss resulting from any unauthorized access or use of the User’s account based on fraud or otherwise.
3. Amendment
The Terms of Use and the Company’s privacy policy are available at the links set out in the Company’s website and mobile application. The Company reserves a right to change these Terms of Use from time to time, without notifying the User. The user agrees to review the Terms of Use from time to time and when he/she accesses or uses the Services. The User’s continued use of the Services shall be deemed as his/her acceptance of any and all changes made to the Terms of Use. Unless otherwise stated, such changes will apply and take effect automatically thirty (30) calendar days after the Terms of Use is updated with such changes. The User acknowledges and agrees that his/her sole remedy to avoid being subject to such changes is to cease using the Services.
4. Service
4.1 The User may maintain any Digital Assets acquired through Affiliated Services (including, but not limited to, game tokens and NFTs) in his/her account within the Services.
4.2 The User may exchange his/her Digital Assets for other types of Digital Assets that are supported by the Services. Fees and policies relating to such exchange of Digital Assets are determined in accordance with applicable policy of the issuer of relevant Digital Asset, which the User may access within the Services.
4.3 The User may trade Digital Assets in the Services with other Digital Assets through services provided by a permitted third party, and such trades shall be made in accordance with such third party’s terms of use.
4.4 The User may transfer Digital Assets to another user’s account within the Services using the recipients’ Account or Nickname.
4.5 The Company is not responsible for any transactional errors that may occur for reasons attributable to the User, such as typographical errors in entering, among others, Account or Nickname, and the User acknowledges and agrees that he/she is solely responsible for any loss in value and other losses that may arise as a result of his/her trading activities.
4.6 Notwithstanding the User’s maintenance of any Digital Asset in his/her account in the Services, any right to such Digital Asset will remain with the User at all times and shall not be assigned or transferred to the Company, and that the User shall bear any and all risk of losing such Digital Asset. The Company shall not be responsible for the loss of such Digital Asset that may occur for any reasons, including, without limitations, error on the relevant underlying blockchain protocols or security of network operations.
5. User Compliance
5.1 The User may not use any of the following Nicknames when using the Services. If the User uses a Nickname that falls under any of the following, such Nickname may be changed at the sole discretion of the Company, and any or all parts of the Services may be restricted:
i. Name that may offend others;
ii. Name that belittles or slanders a specific group of people, race or religion;
iii. Name that may infringe a third party’s trademark rights or may be seen as an advertisement;
iv. Name that may be mistaken as being related to the Company or any of its affiliates;
v. Name that impersonates other Users; or
vi. Name that the Company itself determines to interfere with the provision of the Services.
5.2 The User shall not engage in any of the following activities when using the Services. If there is a reasonable suspicion that the User does or intends to carry out any of the following activities, the Company may limit all or part of the Services, or terminate any contract relating to the Services to the User:
i. Any act that may result in failure of or interruption/suspension to the Services;
ii. Any act that infringes on any rights such as intellectual property rights of the Company, Affiliated Service providers, and/or any other third parties;
iii. The act of using the Services for purposes of unjustly enriching the User or others or inflicting harm on others;
iv. The act of lending or transferring the right to use the Services to another person, or granting access by providing password of Account;
v. The act of using the Services by misappropriating or unlawfully accessing another person’s information;
vi. The act of installing illegal software or code, or technically incapacitating security measures within the Services (including disseminating or discussing methods to carry out such actions); or
vii. Other acts that the Company deems to interfere with the operation of the Services, or other actions that are prohibited by the Company’s business partners or counterparties.
5.3 The User must keep his/her login information safe through appropriate means.
i. The User shall not keep his/her login information on websites or locations that a third party may easily access or misappropriate from.
6. Intellectual Property Rights
6.1 The User acknowledges that any copyright, trademark and other intellectual property rights associated with all materials provided in the Services belong to or licensed by the Company.
6.2 The User acknowledges that his/her rights to use the Services granted hereunder are personal, non-exclusive and non-transferable or assignable.
6.3 The User may not at his/her discretion cancel or disable security measures put in place in the Services, or engage in reverse engineering or hacking of or into the Services.
6.4 The User shall not reproduce, transmit, distribute, use by any other means, or allow a third party to use, the Services or any and all materials contained therein unless he/she obtains a separate prior written consent from the Company, nor shall he/she use the Services or any materials contained therein for his/her own commercial purposes. In addition, the User shall not lease, rent, sublicense, sell, assign, encumber or transfer the Services or such materials. The User shall be prohibited from removing, obscuring or changing the contents of the Services and any ownership, intellectual property rights, and any other rights related thereto.
6.5 When using the Services, the User shall not produce or use anything identical or similar to a mark indicating third party’s goods or services or indicating third party’s business, such as the names, trade names, and trademarks of the “Company” and “third party service” providers.
7. Privacy Policy
7.1. The Company may collect, process, use, and/or transfer the User’s personal data in accordance with the Company’s privacy policy when providing Services.
7.2. By using the Services, the User consents to the Company’s collection, processing, use, and transfer of his/her personal data in the manner set out in the Company’s privacy policy. Please do not use the Services if the User disagrees with the Company’s privacy policy.
7.3 The User agrees that the Services may not be privately or securely provided and that the Company makes no guarantees of any kind. The User shall be responsible for taking all necessary and appropriate precautions and safety measures before using the Services.
8. Third Party Advertising
The Company may advertise or provide service links of Affiliated Service providers or third parties within the Services for the convenience of the Users. The User understands that the Company does not control the content, product or services of Affiliated Service providers or third parties. The Company shall not be responsible for any Affiliated Services or third party services that may be accessed through the Services, nor does the Company guarantee the accuracy of the contents advertised. The User acknowledges and agrees that he/she shall access and use any linked services entirely at his/her own risk and responsibility, and that the Company shall not be liable to the User for any loss or damages that may arise from the User’s use of the linked services, directly or indirectly.
9. Suspension and Change of Services
9.1 The Company reserves the right to temporarily suspend, terminate or change the Services for purposes of or as a result of any inspection, replacement or breakdown of its facilities, any communication interruption, any disruptions in the Digital Assets market, regulatory compliance, force majeure events or serious operational events.
9.2 The Company reserves the right to temporarily or permanently limit all or a part of the Services or terminate the contract with the User if he/she is found have breached any of the provisions set out in these Terms of Use or violated any relevant laws and regulations.
9.3 The Company may notify the User using any appropriate means in advance, if possible, before terminating Services pursuant to Article 9.1. However, in case of emergency or in an event that is not within its control, the Company may provide such notice ex post facto.
10. Indemnification
10.1 The Company is not responsible for nor does it guarantee the Affiliated Services. For any issues related to Digital Assets of a provider for relevant Affiliated Services, please review the terms of use of such provider or contact such provider’s customer support center.
10.2 The Company’s Services do not guarantee the integrity of its blockchain network. When trading Digital Assets, the User himself/herself must confirm the results of such trading transactions.
10.3 Although the Company endeavors to ensure the integrity and accuracy of its Services, the Company does not provide any guarantee the absence of any hacking, other security intrusions or technical integrity.
10.4 The Company does not predict or guarantee the profit or loss from Digital Assets acquired or disposed through the Company’s Services, and is not responsible for any such outcome.
10.5 The Company shall not be responsible for any kind of losses or damages incurred by the User as a result or arising out of any unauthorized use by a third party or loss of login information due to any action or inaction taken by the User for managing his/her account.
10.6 The Company shall not be responsible for any errors in the transmission of Digital Assets caused by the Users’ errors (such as incorrectly typing in Account or Nicknames).
11. Termination
11.1 The Company reserves the right to suspend or terminate the User’s access to the Services (including deleting his/her account information), and to revoke the User’s limited rights granted herein at any time for any reasons, without prior notice. In such cases, the Company has no obligation to provide refunds, benefits or other compensation to the User in relation to such suspension or termination.
11.2. If the Company determines that the User is in any material breach of the Terms of Use (which shall include his/her non-material breaches in repeated manners), the Company may terminate and delete the User’s account without providing prior warnings. The Company may also terminate or suspend the User’s account for any other reasons that the Company deems appropriate, at its sole discretion.
11.3. The User may terminate these Terms of Use by terminating his/her account in the Services if he/she has no Digital Assets in his/her account in the Services. Any terminated account may not be used to re-register in the Services.
12. Severability
If any part of these Terms of Use is found to be unlawful, void or unenforceable under relevant local laws or in the jurisdiction of any relevant courts, such provision shall be severed and the remaining Terms of Use shall remain in effect.
13. Jurisdiction and Governing Law
13.1. If you are a resident in the United States, any disputes or claims arising out of or in connection with these Terms of Use, shall either be optional or dealt with in accordance with the principles of conflict of laws. Any dispute or claim arising from or in connection with these Terms of Use and not subject to the arbitration agreement under Article 15 shall be irrevocably submitted to the exclusive jurisdiction and venue of state or federal courts in Los Angeles County, California.
13.2. If you reside in any other country, any disputes or claims arising out of or in connection with these Terms of Use, will be governed by and construed in accordance with the laws of Singapore, without giving effect to any choice or conflict of law principles. Any dispute arising from or in connection with these Terms of Use be irrevocably submitted to the exclusive jurisdiction of the court of Singapore.
14. Dispute Resolution
If the User has a claim against the Company in connection with these Terms of Use, the Company recommends that the User contact the Company’s customer support to resolve the claim. If the parties are unable to reach an amicable resolution within 30 days after the initial contact, then either party may refer the dispute to Singaporean International Arbitration Center (“SIAC”) in accordance with the arbitration rules of the SIAC. The arbitration shall be held before a single arbitrator jointly chosen by the parties. If the parties are unable to agree on an arbitrator, either party may request the SIAC to appoint an arbitrator.
15. Dispute Resolution with Residents of the U.S.
Notwithstanding Article 14 above, if the User is a resident of the United States, the User and the Company agree to resolve all disputes and claims in accordance with binding arbitration pursuant to this Article.
15.1. PLEASE READ THE FOLLOWING PROVISIONS CAREFULLY, AS THEY REQUIRE THE USER TO RESOLVE ALL DISPUTES WITH THE COMPANY BY BINDING INDIVIDUAL ARBITRATION. Any dispute, claim or argument arising out of or in relation to these Terms of Use or relationship between the User and the Company (the “Dispute”) shall be determined exclusively by binding arbitration. Disputes, however, do not include claims for infringement, protection or validity of intellectual property rights, or claims brought before small claims court.
15.2. Both parties may elect the binding arbitration to be the final and exclusive resolution of the Disputes. The party that seeks arbitration must first send the other party a written notice of the Disputes (the “Notice”) by certified mail. Notice to the Company must be sent to IGS, 25, Mullae-ro 28 gil, Yeongdeungpo-gu, Seoul, Korea.The Notice must (a) explain the nature and basis of the claim or Dispute; and (b) specify the remedies sought by the claimant. Unless the User and the Company agree to resolve the claim within 30 days of having received the Notice, either party may commence an arbitration proceeding.
15.3. A party’s choice to arbitrate is final and binding on the other party. Notwithstanding any choice of laws clause contained in these Terms of Use, the interpretation and enforcement of this Article 15 will be governed by the Federal Arbitration Act. The arbitration will be administered by the American Arbitration Association (the “AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect. AAA Rules are available at www.adr.org/consumer. The User agrees that his/her arbitration fees and his/her share of arbitrator's compensation shall be governed by the AAA Rules, and, where appropriate, limited by the AAA Rules. The arbitration may be conducted in person, through the submission of documents, by telephone or online. Arbitration for any claim not exceeding $25,000 shall be conducted solely on the basis of the documents submitted to the arbitrator by the User and the Company. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. Either party may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
15.4. YOU AGREE THAT ANY AND ALL ARBITRATION SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION TRIED OR CHALLENGED BY A JURY. The arbitrator shall not consolidate your claim with the claims of others, and shall not preside over any form of representative or class action. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief, and only to the extent necessary to provide a relief that is warranted by such party’s individual claim.
15.5. Unless the User and the Company agree otherwise, the arbitration will take place in the county where the User resides.
15.6. If the arbitrator rules in the User’s favor on the merits of his/her claim the User brings against the Company, and issues an award with monetary value greater than the last written settlement offer made to the User by the Company prior to the final written submissions to the arbitrators, then the Company will reimburse the arbitration fees that the User paid to the AAA.
15.7 Although the Company may, in its discretion, amend these Terms of Use, but no changes to the terms or rules set out in this Article shall take effect in relation to any Disputes arising prior to the effective date of such changes. Any changes to the arbitration clauses must be notified at least 30 days prior to the date that the changes take effect.
16. Utility & Conditions for Game Digital Assets and Items
16.1 Totem, a non-fungible token (NFT), will function as both a gaming item and a digital asset. The player's Totem can be registered on a separate website (Epic League Hub) and utilized either directly for gaming or indirectly by lending it to another player. In all EPIC LEAGUE games, a Totem holder has the right to freely trade and utilize.
16.2 The game employs non-convertible in-game currency or items, such as emerald, gold, weapons and armors equipped with game characters, and magic scrolls that are used as entry tickets to dungeons each time they are played and refilled over time. Gold may be used to purchase or repair equipment items and game boost items, whilst Emerald can be used to acquire magic scrolls or upgrade equipment.
16.3 Epic League Hub is a web service that allows users to own and trade in-game items that match specific criteria by paying fees in cryptocurrency and turning them into non-fungible tokens (NFTs).
16.4 Users can not request a refund if the purchased item has been used, if in-game virtual currency has been spent, and if NFT is minted.
16.5 Xsolla is a global distributor of in-game assets that cannot be converted for the Epic League game series. Xsolla is limited to web browser game services and is inapplicable to Steam payments and iOS/Android In-app purchases.
17. Questions about these Terms of Use
In case the User has any questions about these Terms of Use and the Services, please contact the Company through its customer center or through the address provided below: