EPNW

Pandela Rush: Privacy & Legal

Pandela Rush is a Jump'n'Run game available on the AppStore and GooglePlay.

Privacy Policy

1. Privacy at a glance

General information

The following notes provide a simple overview of what happens to your personal data when you use this app. Personal data is all data with which you can be personally identified. Detailed information on the subject of data privacy can be found in our privacy policy listed under this text.

Data collection in this app

Who is responsible for data collection in this app?

The data processing in this app is carried out by the app operator. You can find their contact details in the "Note on the responsible authority" section of this privacy policy.

How do we collect your data?

Your data is collected when you communicate it to us. This can, for example, be data that you enter in a contact form.

Furthemore, data is collected automatically or with your consent by our IT systems when you use this app. This is primarily technical data (e.g. operating system or time of the app use). This data is collected automatically as soon as you enter use this app.

What do we use your data for?

Part of the data is collected to ensure that the app is provided without errors. Other data can be used to analyze your user behavior.

What rights do you have regarding your data?

You have the right at any time to receive information about the origin, recipient and purpose of your stored personal data. You also have the right to request the correction or deletion of this data. If you have given your consent to data processing, you can revoke this consent at any time for the future. You also have the right, under certain circumstances, to request restriction of processing your personal data. Further you have the right to file a complaint with the regarding supervisory authority.

You can contact us at any time if you have any further questions on the subject of data privacy.

Analysis tools and third-party tools

When you use this app, your user behavior can be statistically evaluated. This is mainly done with so-called analytics programs.

Detailed information on these analytics programs can be found in the following privacy policy.

2. General information and mandatory information

Data privacy

The operators of this app take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the data privacy regulations and this privacy policy.

If you use this app, various personal data will be collected. Personal data is data with which you can be personally identified. This privacy policy declaration explains what data we collect and what we use it for. It also explains how and for what purpose this happens.

We would like to point out that data transmission on the Internet (e.g. when communicating by e-mail) can have security vulnerabilities. A complete protection of the data against access by third parties is not possible.

Note on the responsible authority

The responsible authority for data processing in this app is:

EPNW GmbH
Rosengartenstraße 34
73614 Schorndorf
Germany

Mail: contact@epnw.eu

The responsible authority is the natural or legal person who, alone or together with others, decides on the purposes and means of processing personal data (e.g. names, e-mail addresses, etc.).

Storage duration

Unless a specific storage duration has been specified in this privacy declaration, your personal data will remain with us until the purpose for data processing no longer applies. If you submit a legitimate request for deletion or revoke your consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g. tax or commercial retention periods); in the latter case, the data will be deleted once these reasons have ceased to exist.

General information on the legal basis for data processing in this app

If you have consented to the data processing, we will process your personal data on the basis of Art. 6 Para. 1 lit. a GDPR or Art. 9 Para. 2 lit. a GDPR, if special data categories according to Art. 9 Para. 1 GDPR are processed. If you consent to the transfer of personal data to third countries, data processing is also based on Art. 49 Para. 1 lit. a GDPR. If you have consented to the storage of cookies or to access information on your end device (e.g. via device fingerprinting), data processing is also based on § 25 Para. 1 TDDDG. The consent can be revoked at any time. If your data is required to fulfill the contract or to carry out pre-contractual measures, we process your data on the basis of Art. 6 Para. 1 lit. b GDPR. Furthermore, we process your data if they are required to fulfill a legal obligation on the basis of Art. 6 Para. 1 lit. c GDPR. Data processing can also take place on the basis of our legitimate interest in accordance with Art. 6 Para. 1 lit. f GDPR. The following paragraphs of this privacy policy provide information on the relevant legal bases in each individual case.

Note on data transfer to the USA and other third countries

Among other things, we use tools from companies based in the USA or other third countries that are not secure under data privacy law. If these tools are active, your personal data can be transferred to these third countries and processed there. We would like to point out that in these countries no level of data protection comparable to that of the EU can be guaranteed. For example, US companies are obliged to release personal data to security authorities without you as the person concerned being able to take legal action against this. It can therefore be possible that US authorities (e.g. secret services) will process, evaluate and permanently store your data on US servers for monitoring purposes. We have no influence on these processing activities.

Revocation of your consent to data processing

Many data processing operations are only possible with your consent. You can revoke consent that you have already given at any time. The legality of the data processing that took place up until the revocation remains unaffected by the revocation.

Right to object to data collection in special cases and to direct advertising (Art. 21 GDPR)

IF THE DATA PROCESSING IS BASED ON ART. 6 PARA. 1 LIT. E OR F GDPR, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH A PROCESSING IS BASED CAN BE FOUND IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA, UNLESS WE CAN PROVIDE LEGITIMATE REASONS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS, OR THE PROCESSING IS FOR THE ESTABLISHMENT, EXERCISE OR DEFENSE OF LEGAL CLAIMS (OBJECTION ACCORDING ART. 21 PARA. 1 GDPR).

IF YOUR PERSONAL DATA IS PROCESSED FOR DIRECT ADVERTISING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR SUCH ADVERTISING PURPOSES; THIS ALSO APPLIES TO PROFILING RELATED TO SUCH DIRECT ADVERTISING. IF YOU OBJECT, YOUR PERSONAL DATA WILL NO LONGER BE USED FOR DIRECT ADVERTISING PURPOSES (OBJECTION ACCORDING TO ART. 21 PARA. 2 GDPR).

Right of appeal to the respective supervisory authority

In the event of violations of the GDPR, those affected have the right to file a complaint with a supervisory authority, in particular in the member state of their habitual residence, their place of work or the place of the alleged violation. The right to file a complaint is without prejudice to any other administrative or judicial remedy.

Right to data transfer

You have the right to request transfer of data that we process automatically on the basis of your consent or in fulfillment of a contract, to yourself or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another person, this will only be done to the extent that it is technically feasible.

Information, correction and deletion

In accordance to the applicable legal provisions, you have the right to request information, free of charge, about your stored personal data, its origin and recipient and the purpose of the data processing and, if necessary, a right of correction or deletion of this data at any time. You can contact us at any time if you have any further questions on the subject of personal data.

Right of restriction of processing

You have the right to request the restriction of the processing of your personal data. You can contact us at any time for this. The right of restriction of processing exists in the following cases:

  • If you dispute the accuracy of your personal data stored by us, we usually need time to check this. For the duration of the examination, you have the right to request that the processing of your personal data be restricted.
  • If the processing of your personal data happened/is happening unlawfully, you can request the restriction of data processing instead of deletion.
  • If we no longer need your personal data, but you need it to exercise, defend or assert legal claims, you have the right to demand that the processing of your personal data be restricted instead of being deleted.
  • If you have filed an objection in accordance with Art. 21 Para. 1 GDPR, your interests and ours must be weighed up. As long as it has not yet been determined whose interests prevail, you have the right to demand that the processing of your personal data be restricted.
  • If you have restricted the processing of your personal data, this data - apart from its storage - may only be used with your consent or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons of important public interest of the European Union or a member state.

Objecting to promotional Emails

We hereby object to the use of contact data published as part of the legal notice obligation to send unsolicited advertising and information material. The app operators expressly reserve the right to take legal action in the event of unsolicited advertising being sent, such as spam e-mails.

3. Access Rights

In order to work, the app needs the following access rights:

  • Internet access (WIFI and Mobile data)
  • Local storage access on the device

Why are those access rights needed?

Internet access

Our third party tools use this feature to establish a connection to their servers.

Local storage access

Local storage access is needed to load user generated content into the app and to save game and similar data to the device. Our third party services might use this feature as well.

4. Data collection in this app

The operator itself does not collect personal data while using the app. However, our third party service providers may collect and process personal data. More about these providers can be read in the next paragraph.

5. Third Party Services

Third party services might collect, save and process personal data. They might use the permissions granted to this app for their own purposes. For more Information, please read the privacy policies of our third party service providers as stated below.

To show ads in the game, analyze the user behaviour and synchronize game settings, we use the following third party service:

Terms of Service ("TOS")

1. Introduction

Effective Date: April 1, 2023.

These terms of service ("TOS") apply to you and EPNW GmbH, address Rosengartenstraße 34, 73614 Schorndorf, Germany, ("we","us") regarding your use of our game Pandela Rush ("Game"). Use of the Game is also governed by the corresponding Privacy Policy.

For United States residents, these TOS contain a binding arbitration clause in Section "Binding Arbitration / Class Waiver" and a class-action waiver that affects your rights about how to resolve disputes. If you live in the United States, please read it carefully. Except where you opt out, and except for certain types of disputes described in Section "Binding Arbitration / Class Waiver", you agree that any disputes arising between you and us will be resolved by binding, individual arbitration and you waive your right to participate in any class-action lawsuit or class-wide arbitration.

As a precondition for using the Game, you must agree to these TOS. If you accept these TOS, you represent that you are of the age of majority in your country of residence. If you are under the age of majority or otherwise do not have the authority to enter into agreements such as these TOS, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these TOS.

By using or otherwise accessing the Game, you agree to these TOS. If you do not agree to these TOS, you may not use or otherwise access the Game.

Unless otherwise specified, the Game do not require you to pay money to use or download but may contain features that may allow you to make purchases within the Game. You may be required to have an internet connection to access or use the Game. You are responsible for any internet connectivity or mobile charges you may incur by accessing or using the Game.

2. Right to Use the Game

Subject to these TOS, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Game for your personal, non-commercial use. The rights granted to you are subject to your compliance with these TOS.

Except as set forth above, you do not receive any other license. We retain all right, title and interest in and to the Game, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialogue, settings, artwork, sound effects, musical works, gameplay recordings made using the Game, moral rights, in each case whether registered or not and all applications thereof. Unless expressly authorized by applicable law, the Game may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without our prior written consent. We reserve all rights not expressly granted to you herein.

The Game and its content are licensed, not sold. You agree that you have no right or title in or to any content that appears in the Game, including, but not limited to, the Virtual Items appearing in or originating from the Game, whether earned in the Game or purchased from us or our authorized partners.

3. Purchases in the Game

We may license to you certain virtual goods or other content (e.g. in-game items or currency) which may be used within the Game and which you may purchase with "real world" money or earn or redeem through gameplay ("Virtual Items"). Virtual Items are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis solely for non-commercial use.

Unless expressly authorized in the Game, you may only purchase Virtual Items from us or our authorized partners and the transfer or sale of Virtual Items is prohibited.

Virtual Items do not have an equivalent value in real world money and are not a substitute for real world money. Neither we nor any other person or entity has any obligation to exchange Virtual Items for anything of value. We are not liable for hacking or loss of your Virtual Items.

Price and availability of Virtual Items are subject to change without notice.

All purchases and redemptions of Virtual Items made through the Game are final and non-refundable. You acknowledge and consent that Virtual Items are provided to you immediately upon purchase and that you forfeit any right to cancel or withdraw from the purchase once the process has commenced. Accordingly, you agree that we are not required to provide a refund for Virtual Items for any reason. You further acknowledge that you will not receive money or other compensation for unused Virtual Items, regardless of whether your loss of license under these TOS was voluntary or involuntary. The foregoing does not affect your rights under applicable law, including those you may have based on the legal guarantee of conformity described in Section "Disclaimer".

If you ask for your personal data to be deleted as described in the Privacy Policy, you will permanently forfeit all of your Virtual Items without the right to refund, as we may no longer be able to associate such Virtual Items with you.

4. Right of Withdrawal

If you are a consumer based in the European Union or a member country of the European Economic Area ("EEA"), this Section applies to you.

You may have the right to withdraw from these TOS within 14 days from the day you agreed to them. You may also have the right to withdraw from the purchase of a license to a Virtual Item within 14 days from purchase. You are not required to give a reason for exercising the right of withdrawal. However, you are not entitled to withdraw from a purchase if you have consented to the Virtual Item being fully provided to you during the withdrawal period and acknowledged that you thereby forfeit your right of withdrawal.

To withdraw from these TOS, you must inform us of your decision to withdraw and discontinue your use of the Game. To withdraw from the purchase of a license to a Virtual Item, you must inform the merchant of record, which may be either us or our authorized partner through whom you made the purchase. Please note that we are neither able nor required to fulfill your request to withdraw from a purchase where we are not the merchant of record.

To inform us of your decision to withdraw, you must send an equivocal statement of your decision by email to contact@epnw.eu. To meet the deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the expiry of the withdrawal period.

If you withdraw from the purchase of a license to a Virtual Item, you are entitled to be reimbursed for the purchase without undue delay and in any event not later than 14 days from the day on which you informed the merchant of record of your decision to withdraw from the purchase. The reimbursement will be carried out using the same means of payment as you used for the initial payment, unless you have agreed otherwise. You will not incur any fees as a result of such reimbursement.

5. Code of Conduct

You agree that you will not, under any circumstances:

  • Use, either directly or indirectly, any cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Game.
  • Use the Game in violation of any applicable law or regulation.
  • Use the Game for commercial purposes, including, but not limited to, to advertising, or solicitation, or transmission of any commercial advertisements such as spam emails, chain letters, pyramid or other get-rich-quick schemes.
  • Use the Game for fraudulent or abusive purposes including, but not limited to, using the Game to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Game;
  • Disrupt, interfere with, or otherwise adversely affect the normal flow of the Game or otherwise act in a manner that may negatively affect other users' experience when using the Game.
  • Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or servers used to offer or support the Game.
  • Attempt to gain unauthorized access to the Game, to accounts registered to others or to the computers, servers, or networks connected to the Game by any means other than the user interface provided by us, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, encryption, or software that is part of the Game.
  • Post any information, content or other material (or post links to any information or content) that contains nudity, excessive violence or is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously offensive or otherwise objectionable.
  • Engage in ongoing toxic behavior, such as repeatedly posting information on an unsolicited basis.
  • Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including our employees, directors, officers, and customer service representatives.
  • Make available through the Game any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity, or which impersonates any other person, including, but not limited to, one of our employees, directors or officers.
  • Unless specifically authorized by applicable law, attempt to decompile, reverse engineer, disassemble, or hack any of the Game, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by us, or to obtain any information from the Game using any method not expressly permitted by us.
  • Solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Game.
  • Harvest, scrape or collect any information about or regarding other people that use the Game, including, but not limited to, through use of pixel tags, cookies, GIFs or similar items that are sometimes also referred to as spyware.
  • Post anyone's private information, including personally identifiable information/personal data (whether in text, image or video form), identification documents, or financial information through the Game.
  • Engage in any act that we deem to conflict with the spirit or intent of the Game or make improper use of our support services.

6. Accounts and Login Information

Certain elements of the Game may enable you to create an account or otherwise register with the Game ("Account"). You may be required to select a password for your Account or you may also use other credentials to access the Account ("Login Information").

You agree that you will not give your Login Information to anyone else or allow anyone else to use your Login Information or Account. You are solely responsible for maintaining the confidentiality of your Login Information. We are entitled to assume that any use of your Login Information or Account is made by you, and you are responsible for any actions (including, but not limited to, any purchases) taken using your Account or Login Information. You agree to compensate us for any losses or harm that result from your failure to keep your Login Information confidential.

You agree that you have no ownership or property interest in or to any Account. We reserve the right to delete your Account if we observe no activity by you in relation to the Account for 180 days or more. In such event, you may no longer be able to access and/or use any Virtual Items associated with that Account and no refund will be offered to you.

7. User Contributions

The Game may allow you to create content, including, but not limited to, gameplay maps, game profiles, characters, items, screenshots or videos of your gameplay (collectively "User Contributions").

In exchange for use of the Game, you hereby grant us a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Contributions in any way and for any purposes including, but not limited to, the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any current or future means and to distribute your User Contributions without any further notice or compensation to you of any kind. Where not expressly prohibited by applicable law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to our (including its licensees, successors, and assigns) and other players' use and enjoyment of your User Contributions in connection with the Game and related goods and services. The foregoing grant of license to us and waiver of any applicable moral rights survives any termination of these TOS.

We and our directors, officers and employees do not accept or consider unsolicited idea or product submissions of any kind (e.g. game or other product ideas, stories, screenplays, artwork, musical or audiovisual works, concepts or any other creative materials) in any format, by means of any transmission ("Unsolicited Content"). Please do not submit any Unsolicited Content to us or its directors, officers, or employees. However, if you submit Unsolicited Content to us, you agree that such Unsolicited Content will not be treated as confidential, regardless of any statement to the contrary in the Unsolicited Content, any accompanying message, or elsewhere. You further agree that such Unsolicited Content may be used and exploited by us without compensation to you or any third party and you grant us a perpetual, non-exclusive, irrevocable, fully paid, royalty free, sub-licensable and transferable (in whole or in part) worldwide license to use, exploit, reproduce, transmit, amend, display and exhibit Unsolicited Content in all current or future media for any purpose and to create derivative works based upon the Unsolicited Content.

8. User Interactions

We assume no responsibility for the conduct of other users of the Game or for monitoring the Game for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all content or conduct of users. Your use of the Game is at your own risk. By using the Game, you may be exposed to content or conduct that is offensive, indecent, or otherwise not in line with your values. We may utilize technology to monitor and/or record your interactions with the Game or communications within the Game (including, but not limited to, chat text or voice communications). You irrevocably consent to such monitoring and recording and agree that you have no expectation of privacy concerning the transmission of any content within the Game, including, but not limited to, chat text or voice communications. You understand that your User Contributions, communications within the Game, and/or your interactions with the Game may be displayed to or viewable by other users of the Game or the general public.

We reserve the right at its sole discretion to review, monitor, prohibit, edit, delete, disable access to, or otherwise make unavailable any content made available by users of the Game without notice for any reason or for no reason at any time. If at any time we choose, at our sole discretion, to monitor the Game, we nonetheless assume no responsibility for content made available by users of the Game, and we assume no obligation to modify or remove any inappropriate content.

You acknowledge that we are not a party to any dispute you may have with any other user(s) of the Game. We have no obligation to become involved in any such dispute. You release us and our subsidiaries (and our and our subsidiaries' officers, directors, agents, joint ventures, shareholders and employees) from all claims, demands, and damages related to any such dispute.

9. Binding Arbitration / Class Waiver

If you are a United States resident or otherwise make any claim against us in the United States, you expressly agree that any legal claim, dispute or other controversy between you and us arising out of or otherwise relating in any way to Game, including controversies relating to the applicability, enforceability or validity of any provision of these TOS or our Privacy Policy (collectively "Disputes"), shall be resolved in confidential binding arbitration conducted before one commercial arbitrator from the American Arbitration Association ("AAA"), rather than in a court, as described herein. The arbitration will be governed by the AAA's commercial arbitration rules and, if the arbitrator deems them applicable, the supplementary procedures for consumer related disputes (collectively "Rules and Procedures"). You acknowledge that you are voluntarily and knowingly forfeiting your right to a trial by jury and to otherwise proceed in a lawsuit in state or federal court.

Payment of arbitration costs will be governed by the AAA's fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case we will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. We also reserve the right in our sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys' fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys' fees and expenses.

The arbitration may be conducted in Los Angeles, California or, upon your request, in the city closest to your location where AAA maintains an office. The arbitrator's award shall be final and binding on you and us and may be entered as a judgment in any court of competent jurisdiction.

For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at www.adr.org.

As an exception to the binding arbitration rule, to the extent the Dispute arises from:

A violation of our intellectual property rights in any manner; Any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the United States Computer Fraud and Abuse Act or Section "Code of Conduct" of these TOS; and Any claim for equitable relief;

then both parties agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in any court with jurisdiction over the other party. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court's jurisdiction in lieu of arbitration.

To the extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise. You and we agree that there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures, there is no right or authority for any dispute to be brought in a purported representative capacity or as a private attorney general, and no arbitration shall be joined with any other arbitration.

You may opt out of this obligation to arbitrate. If you do so, neither you nor us can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out: EPNW GmbH, ATTN: Legal Department, Rosengartenstraße 34, 73614 Schorndorf, Germany. You must include your name and residence address and a clear statement that you want to opt out of this arbitration clause.

To begin an arbitration proceeding, you must send a letter to: EPNW GmbH, ATTN: Legal Department, Rosengartenstraße 34, 73614 Schorndorf, Germany requesting arbitration and describing your claim.

We will provide 30-days' notice of any changes to this Section "Binding Arbitration / Class Waiver" through the Game or via other similar means. Changes will become effective on the 30th day and will apply prospectively only to any claims arising after the 30th day.

10. Suspension and Termination for your Breach

Without limiting any other remedies available to us, if we believe that you are in breach of these TOS, we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you: (i) delete, suspend, and/or modify your Account or parts of your Account; (ii) limit, suspend and/or terminate your access to the Game; (iii) modify and/or remove any of your Virtual Items; (iv) reset and/or modify any game progression or benefits and privileges associated with you, such as any level or score you have reached in the Game.

11. Availability, Compatibility, and Changes to the Game

We do not guarantee that the Game is available at all times or will continue to be available in the future. The Game may be temporarily unavailable due to technical issues or maintenance related reasons, which may occur on a scheduled or unscheduled basis. Furthermore, the Game or parts thereof may be designed to be available only for a limited time (e.g. when content is seasonal or early access is provided to a development version of a game), or their life cycle may be affected by technological developments or changes in consumer behavior. Accordingly, we reserve the right to stop offering and/or supporting the Game or parts thereof at any time, at which point your license to use the Game or such parts thereof will be terminated automatically. In such an event, unless otherwise required by applicable law, we do not have to provide refunds for the Game or any Virtual Items. Where appropriate, we will take reasonable measures to provide advance notice when any Game or parts thereof are discontinued. However, we may limit, suspend or terminate the Game or parts thereof without notice, and take technical and legal steps to prevent you from accessing the Game, if we believe you or any other user(s) are causing a risk of legal liability or infringement of third-party intellectual property rights or are not acting in accordance with the letter or spirit of these TOS.

The Game may have limited compatibility across different devices and operating systems. You are responsible for verifying that the Game is compatible with your device and its operating system. Generally, more information regarding compatibility requirements is available at the point of first use or download (e.g. in the relevant app store).

The Game is intended to evolve over time. Accordingly, we may change, manage, modify, or update the Game or parts thereof (including, but not limited to, Virtual Items) from time to time. This may result in content or features being added, removed, or modified (e.g. gameplay modes or areas being added or removed or Virtual Items having their appearance or power altered). We may, at our sole discretion, make any such changes as we believe to be necessary to maintain and improve the Game, including, but not limited to, introducing, modifying, or removing game content and features according to our development roadmap, adapting to new technologies, reflecting changes to our agreements with third parties, preventing abuse or technical issues, and addressing any legal, safety, or regulatory requirements. When changes are made to the Game, you may be required to download and install an update to continue using it. If you do not, you may be unable to access or use the Game or parts thereof (e.g. online play and features may only be available to those who are using the latest version of a game).

12. Disclaimer

To the fullest extent permissible under applicable law, the Game is provided to you "AS IS," without warranty, assurances, or guarantees of any kind. The Game may have defects, and your use is solely at your risk. We do not make, and hereby disclaim any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including, but not limited to, location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising in the course of dealing, usage, or trade practices. We do not warrant against interference with your enjoyment of the Game; that the Game will meet your requirements; that operation of the Game will be uninterrupted or error-free; that the Game will interoperate or be compatible with any other services; or, that any errors in the Game will be corrected. No oral or written advice provided by us, our employees or other representatives constitute a warranty.

Some jurisdictions do not allow disclaimers such as those set forth above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS shall infringe upon the statutory rights that you may have as a consumer of the Game. Specifically, if you are a consumer based in the EEA, you are provided with a legal guarantee of conformity under which we may be liable for a lack of conformity that you discover: (i) within two years from any one-time supply of the Game; or (ii) at any time during any continuous supply of the Game.

13. Limitations of Liability

In no event will we be liable for special, incidental, or consequential damages resulting from access, use or malfunction of the Game, including, but not limited to, damages to property, loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to these TOS or the Game, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not we have been advised of the possibility of such damages. In no event will our total aggregate liability arising out of or in connection with these TOS, the Privacy Policy, or the Game exceed the higher of: (i) the actual price (if any) you paid for the license to use Virtual Items or the Game; or (ii) one hundred euros (€100). The exclusions and limitations of damages are fundamental elements of the basis of the agreement between us and you. For purposes of this Section "Limitations of Liability," our licensors and other partners are third-party beneficiaries to the limitations of liability specified herein and may enforce these TOS against you.

Some jurisdictions do not allow certain limitations of liability such as those stated in this Section; thus, the above terms may not apply to you. Instead, in such jurisdictions, the limitations of liability in this Section shall apply only to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS will infringe upon any statutory rights you may have as a consumer of the Game.

You agree to indemnify, defend and hold us and our subsidiaries (and our and our subsidiaries' officers, directors, agents, joint ventures, shareholders and employees) harmless from any claim, demand, damages, or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of your use of the Game or any breach by you of these TOS; however, the foregoing does not apply if the third-party claim is not attributable to your intentional or negligent behavior.

14. Copyright and DMCA

If you believe the Game or any of its content infringes your copyrights, please send a notice to: EPNW GmbH, Legal Department, Rosengartenstraße 34, 73614 Schorndorf, Germany or alternatively via email to: contact@epnw.eu. Notices sent to the specified address will reach our registered DMCA agent.

Please include all of the following in your DMCA notice:

Identify the copyrighted work that you claim has been infringed. If your DMCA notice covers multiple works, you may provide a representative list of such works. Identify what you claim is the infringing material, including a description of where the material is located. Your description must be reasonably sufficient to enable us to locate the material.

Provide your full legal name, mailing address, telephone number, and (if available) email address.

Include the following statement in the body of the DMCA notice:

"I have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. I represent that the information in this DMCA notice is accurate and, under penalty of perjury, that I am the owner of the copyright or authorized to act on the copyright owner’s behalf."

Please note that under 17 U.S.C. 512(f), if you knowingly misrepresent that a material or activity is causing infringement, you may be liable for damages, including the costs and attorneys’ fees incurred by ur or our users. If you are unsure whether the material or activity you are reporting is causing infringement, you may wish to contact an attorney before serving a notice to us.

15. Third-party Products and Services

The Game may link to or otherwise make available third-party products or services, including, but not limited to, through third-party advertisements, connectivity to social media or community services, or gameplay recording or sharing services. These products and services are subject to the respective third party's terms and conditions. Please read these third-party terms and conditions carefully as they constitute an agreement between you and the relevant third-party service provider to which we are not a party. You understand that we neither endorses nor makes any promises regarding the content, goods or services provided by such third parties. We are not liable to you for any losses or harm caused by such third parties or any charges you incur in relation to such third parties. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and you understand our Privacy Policy does not apply to such data.

16. Changes to these TOS

Notwithstanding Section "Binding Arbitration / Class Waiver," we may update these TOS from time to time in response to changing legal, technical or business developments. When we update these TOS, we will take appropriate measures to inform you via the Game or otherwise, in accordance with the significance of the changes made.

By continuing to access or use the Game after updates become effective, you agree to be bound by the updated TOS.

17. Governing Law

If you are a United States resident, in addition to Section "Binding Arbitration / Class Waiver," these TOS are governed by the laws of the State of California and applicable federal laws regardless of conflict of law provisions.

If you are a resident outside the United States, you agree that all disputes between you and us shall be governed by the laws of Germany, regardless of conflict of law provisions. You agree that any claim or dispute you may file against us must be resolved exclusively by a court located in Stuttgart, Germany. If you are a consumer based in the EEA, you may also make use of the Online Dispute Resolution platform offered by the European Commission as an out-of-court alternative to resolve disputes. Please note that we may not be required to accept the use of this or other alternative dispute resolution platforms.

If the jurisdiction of your domicile prohibits us from enforcing the governing law provision, nothing in these TOS limits your rights based on the laws governing your domicile.

18. General

Entire Agreement. These TOS set out the entire agreement between you and us regarding the Game and supersede all earlier agreements and understandings between you and us.

Assignment. We may assign these TOS, in whole or in part, to any person or entity at any time with or without your consent, provided that such assignment does not reduce your rights under these TOS. You may not assign or delegate any rights or obligations under these TOS without our prior written consent, and any unauthorized assignment and delegation by you is void.

Severability. If any provision of these TOS is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these TOS will remain in full force and effect. Our failure to enforce any right or provision of these TOS will not be deemed a waiver of such right or provision.

No Waiver. Any failure by us to exercise or enforce any of its rights under these TOS does not waive our right to enforce such right. Any waiver of such rights shall only be effective if made in writing and signed by an authorized representative.

Contact Information. If you have any questions about these TOS, please contact contact@epnw.eu.

19. Additional Terms for Apple Users

In addition to the terms set forth above, the following terms apply if you access the Game through the App Store operated by Apple Inc. ("Apple").

You acknowledge and agree that these TOS are concluded between you and us, not with Apple, and that we, not Apple, are responsible for the Game and their content. The license granted to you under these TOS is subject to the permitted usage rules specified in the Apple App Store Terms of Service and any third-party terms of agreement therein. You must comply with any third-party terms and conditions that apply to your use of the Game.

We, not Apple, is responsible to you for: (i) providing any relevant maintenance or support for the Game in accordance with these TOS; and (ii) addressing any claims you may have regarding the Game, including product liability claims, any claim that the Game fail to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar laws. If the Game fails to conform to the warranties or other conditions set forth in these TOS or applicable law, you may notify Apple, after which Apple may refund the purchase price (if any) for the relevant Game. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Game.

In the event of any third-party claim that the Game or your possession and use of the Game infringes a third party's intellectual property rights, Apple will not be responsible for the investigation, defense, settlement, or discharge of any such intellectual property infringement claim.

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Apple and its subsidiaries are third-party beneficiaries to these TOS. Upon your acceptance of these TOS, you agree that Apple has the right to enforce these TOS against you as a third-party beneficiary.