TERMS OF SERVICE
Effective Date: January 01, 2024
This Terms of Service is entered
into between you and Essentials, its subsidiaries and affiliates and applies to
Essentials and websites on which it is placed (collectively, the “Service”).
BY CLICKING “I AGREE” OR SIMILAR OR BY USING THE SERVICE YOU ARE
AGREEING TO BE BOUND BY THE TERMS OF SERVICE.
1. LICENSE
1.1.
License. Essentials exclusive, non-sublicensable, nontransferable,
revocable, limited license to install and use any Essentials you downloaded
from an authorized third party. You agree that no title or ownership interest
in the Service is transferred grants you a non- or assigned to you and that the
Terms of Service is not a sale of any right to the Service.
1.2.
Streaming and Social Media License. Essentials grants you a
non-sublicensable, non-transferrable, revocable, limited license to publicly
display Essentials on online video streaming websites, such as youtube.com and twitch.com,
and social media, such as tweeting a GIF (“Social Content”). Essentials may
terminate or modify the scope of this streaming and social media license
granted to you at any time without notice or compensation and will not be
liable to you or any third party for any loss incurred relating thereto.
1.3.
User Content License. User content includes any information that you submit, transmit
or upload while using the Service and Social Content (“User Content”). By providing
User Content you represent and warrant that you have all consents, licenses and
rights necessary to provide and license the User Content and you grant Essentials
an exclusive (non-exclusive in the case of Social Content), irrevocable,
fully-paid, royalty free, perpetual, sub-licensable, transferrable, worldwide
license to User Content under all copyright, trademark, trade secret, patent,
privacy and publicity rights and any other intellectual or industrial property
rights you own or control to use, broadcast, disclose, display, distribute,
modify, make derivative works of, publicly perform, publish, record, reproduce,
sublicense (on multiple levels), translate, transmit or otherwise exploit for
all purposes and in all formats and mediums and with any technology now known
or hereafter developed and for all purposes without attribution, notice,
permission or payment to you or a third party. Essentials reserves the right to
review, edit, delete or block access to User Content without notice.
1.4.
BRIGHT SDK. In return for some of the premium features of Essentials
products, you may choose to be a peer on the Bright Data network. By doing so you agree to have read and
accepted the Terms of Service of the Bright SDK EULA: https://brightdata.com/legal/sdk-eula and Bright Data’s Privacy Policy https://brightdata.com/legal/sdk-privacy. You may opt out of the Bright Data network
by clicking the ‘Web Indexing’ toggle in the settings menu.
2. USE OF THE SERVICE
2.1.
Account. Use
of the Service may require you to register a user account with Essentials
directly or with a third party, such as Google or Apple (each, an “Account”). Essentials
strongly recommends that you keeping your login
information confidential. You agree to be bound by any use of your Account,
including charges and purchases, whether or not
authorized. You represent and warrant that you are permitted to use the method
of payment associated with your Account and agree to pay for charges and fees
incurred by your Account, which are not refundable.
2.2.
Membership. Essentials
may offer you a VIP Service membership, granting you access to certain Service features
(for example, new characters), which may not be available to non-members (“Membership”).
The first three days of your Membership are free the first time you subscribe.
Thereafter, Essentials shall automatically charge you a weekly Membership fee.
Current Membership fees and additional terms are detailed at membership and are
subject to change, on one or more occasions, upon renewal of your Membership.
Membership fees exclude applicable taxes, duties and charges and are
non-refundable. Membership fees are billed and charged automatically by Essentials
and/or third parties authorized on its behalf on a weekly basis to the credit
card (or any replacement card) you provided to Essentials until the date your
Membership is terminated by your submission of a cancellation request to Essentials
through the Service or termination of your access to the Service.
2.3.
Personal Data. Accessing
the Service may require you to provide Essentials with personal data, which is
collected, used and disclosed in accordance with Essentials’s
Privacy Policy. You agree to provide accurate and complete personal data to Essentials
and to update your information if it changes.
2.4.
Access. Access
to the Service may require hardware including but not limited to a computer or
mobile device with a current operating system, web browser and an Internet
connection. You agree to provide all hardware and the
Internet connection required to use the Service and to pay all fees incurred by
you when accessing the Service through an Internet connection.
3. LIMITATIONS ON USE OF THE SERVICES
3.1.
Limitations. You
agree that you will not use the Service in the following manner:
a.
engage in conduct that Essentials determines, in
its sole discretion, to constitute improper use of the Service;
b.
decompile, disassemble or reverse engineer the
Service or otherwise attempt to derive Service source code;
c.
except for Social Content, reproduce, rearrange,
modify, translate, create derivative works from, display perform, publish or
distribute the Service;
d.
sell, lease or remove/alter advertising in the Service;
e.
cheat or use, develop or distribute automation
software (bots), macro software or other cheat utility software or knowingly
exploit a flaw or bug in the Service;
f.
break, attempt or otherwise assist with the
disruption of any computer used to support the Service or experience of another
user;
g.
upload files that contain viruses, Trojan
horses, worms, time bombs, corrupted files or data or other similar software or
programs that may damage operation of the Service or the computers of other users;
h.
utilize the Service or any part thereof for
commercial purposes, except pursuant to the streaming license set forth in
section 1.2;
i.
promote or encourage illegal activity including,
without limitation, hacking, cracking, distribution of counterfeit software,
cheats or hacks for the Service;
j.
use profanity, including short forms for
profanities, punctuation marks used in place of profanities and colloquial
versions of profanities;
k.
engage in abusive, defamatory, libellous, threatening or any other conduct that is objectionable
or offensive;
l.
communicate, link to, post, submit or upload
content that contains nudity or other sexual material, violence or any other
objectionable or offensive conduct;
m.
abuse, bully, harass or publish false or
misleading information about users or encourage others to do the same;
n.
infringe or violate the rights of a third party
including but not limited to:
i.
contractual rights;
ii.
copyright, patent, trademark or trade secret rights;
iii.
privacy rights; (iv) publicity rights; or (v)
confidential information;
o.
collect or attempt to obtain user data, whether
personal or anonymous;
p.
impersonate another person or an employee of Essentials;
or
q.
advertise products or services, as determined by
Essentials in its sole discretion.
4. TERMINATION
4.1.
Suspension and Termination. Essentials may suspend or terminate your
access to the Service at any time for any reason including but not limited to
your violation of the Terms of Service, as determined in its sole discretion.
Whether a suspension will be lifted is at the sole discretion of Essentials.
You may terminate your access to the Service at any time by ceasing to use the
Service and deleting any Essentials you have installed. Data collected by Essentials
may be retained for a period of time after your access
to the Service is terminated, as described further in the Privacy Policy.
4.2.
Effect of Suspension or Termination. Upon
suspension or termination, you acknowledge and agree that Essentials shall
cease to provide you access to the Service and may delete data associated with
your use of the Service, including purchases you have made, as further
described in section 5. You are not entitled to a refund or other compensation
of any kind as a result of suspension or termination,
regardless of whether effected by you or Essentials, and Essentials is not
liable to you or any third party for such suspension or termination and any
related loss.
5. DIGITAL ITEMS, PRIZES
5.1.
Digital Items. The
Service may include virtual in-game currency and items (together, “Digital
Items”), which may be earned by users or purchased from Essentials for real
world money, where permitted by law. Digital Items available to you and the
price of Digital Items may be altered by Essentials at any time, without
notice. Upon acquiring Digital Items, you are granted a non-exclusive,
non-sublicensable, non transferrable (except to the
extent expressly permitted) right to use such Digital Items only in conjunction
with the Service for which such Digital Items were acquired. Any Digital Items
purchase is final and non-refundable. The determination of Digital Items to
credit or debit to you shall be determined by Essentials in its sole
discretion. All Digital Items remain the property of Essentials.
5.2.
Prizes. Essentials
may provide users the opportunity to receive random, Digital Item prizes, which
vary in size and value. Due to the randomization of Digital Item prizes, you
may not receive the Digital Item you desire. Essentials reserves the right to refuse
to award and to revoke any prize in its sole discretion.
5.3.
Resale. Digital
Items may only be sold or traded for other Digital Items, as expressly
permitted through features available within the Service, although Essentials is
under no obligation to fulfill any such sale or trade of Digital Items. Digital
Items cannot be resold online, outside of the Service, in the real world or
traded for non-virtual (tangible) goods or services. You agree that resale or
attempted resale of Digital Items in violation of this section 5.3 will result
in Essentials terminating your access to the Service and voiding all your
Digital Items.
5.4.
Digital Item Backup. If you purchased Digital Items using real world money, including
Digital Items acquired using in-game currency purchased using real world money,
Essentials may backup purchased Digital Items so they may be restored in the
future should you lose access. No backup is provided for Digital Items
purchased or indirectly acquired without real world money or if Essentials
terminates your access to the Service or ceases to offer the Service. The
availability of Digital Item backup varies between apps.
5.5.
Forfeit or Eliminated Digital Items. If Essentials terminates your access to the Service
or ceases to offer the Service, you agree that all Digital Items associated
with your Account and use of the Service are forfeit. Further, Essentials
shall, in its sole discretion, administer Digital Items and, in this capacity,
control, modify and/or eliminate any or all Digital Items without notice, for
which you are not entitled to any refund, credit redemption or any other
compensation. You acknowledge and agree that there is no value to Digital Items
or time you spend using the Service, for which you will not be compensated
under any circumstances. Essentials is not responsible for repairing or replacing
any Digital Items lost for any reason whatsoever including, but not limited to,
suspension or termination of the Service, technical issues or as a result of a third party.
6. SOFTWARE UPDATES
On
one or more occasions Essentials may patch, update or modify the Service (each,
an “Update”), which may require you to install an Update to continue using the
Service. Updates may modify the Terms of Service, gameplay mechanics or other
aspects to the Service. Failing to install an Update may result in an inability
to use the Service, for which you are not entitled to a refund or compensation
of any kind.
7. THIRD PARTY SOFTWARE
The
Service may incorporate services provided by third parties, including but not
limited to third party accounts or advertisements. The Terms of Service does
not grant you any license, right, title or other interest in third party
services, which may require you to enter into agreements between you and a
third party. It is up to you to review and determine the acceptability of any
third-party agreement.
8. ESSENTIALS OWNERSHIP RIGHTS
All
right, title and interest in and to the Service, including but not limited to
copyrights, patents, trademarks, trade secrets, trade names, computer code
(source and object), titles, characters, character names, catch phrases,
concepts, character inventions, character likenesses, dialog, settings,
storylines, themes, animation, audio-visual effects, sound effects, musical
works, look and feel and methods of operation, are owned by Essentials. Essentials
reserves all rights in the Service.
9. NOTICE TO EU USERS
If
you are a resident of the EU, you hereby agree that by purchasing Digital Items
you want such Digital Items credited to your Account immediately and, as a
result, you are not entitled to withdraw from or cancel your purchase pursuant
to the EU Consumer Rights Directive (2011/83/EU) and national implementations.
10.DISCLAIMER AND LIMITATION OF
LIABILITY
10.1. DISCLAIMER. THE SERVICE IS PROVIDED “AS IS” AND ESSENTIALS
DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TO THE EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE FOREGOING, ESSENTIALS MAKES NO REPRESENTATIONS OR WARRANTIES
THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SERVICE
WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE, WILL NOT HARM
COMPUTERS OR MOBILE DEVICES OR RESULT IN LOST DATA OR BE SECURE AGAINST UNAUTHORIZED
ACCESS. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY ESSENTIALS, ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR
ASSIGNS, WILL CREATE ANY WARRANTY AND YOU SHALL NOT RELY UPON SUCH ADVICE OR INFORMATION.
YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE
SERVICE.
10.2. LIMITATION OF LIABILITY. ESSENTIALS, ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND ASSIGNS, SHALL NOT BE
LIABLE TO YOU FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR
RELATING TO THE SERVICE OR THIRD-PARTY SOFTWARE OR SERVICES INCORPORATED INTO
THE SERVICE, INCLUDING WITHOUT LIMITATION DIRECT, CONSEQUENTIAL, INCIDENTAL OR
SPECIAL DAMAGES, EVEN IF ESSENTIALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
CLAIM, LOSS OR DAMAGE. IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY PART
THEREOF, SUCH AS DIGITAL ITEMS, YOUR SOLE REMEDY IS TO STOP USING THE SERVICES.
10.3. ESSENTIALS’S AGGREGATE LIABILITY. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT
ALLOW THE DISCLAIMER OF CERTAIN TERMS OR WARRANTIES OR EXCLUSION OF LIABILITY
FOR CERTAIN DAMAGES AND, IF ANY DISCLAIMER OR LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE,
VOID OR DOES NOT FULLY SHIELD ESSENTIALS FROM LIABILITY, YOU AGREE THAT ESSENTIALS’S
MAXIMUM AGGREGATE LIABILITY TO YOU WHATSOEVER WILL BE THE LEAST AMONG (A) THE MINIMUM
PERMITTED UNDER APPLICABLE LAW; (B) THE AMOUNT YOU PAID TO ESSENTIALS IN THE 12
MONTHS IMMEDIATELY PRECEDING THE DATE OF THE HARM IN QUESTION; AND (C) $100
(CAD). HOWEVER, IF YOU PAID NOTHING TO ESSENTIALS DURING THE 12 MONTHS
IMMEDIATELY PRECEDING THE DATE OF THE HARM IN QUESTION, YOUR SOLE REMEDY, AND ESSENTIALS’S
AGGREGATE LIABILITY, IS FOR YOU TO TERMINATE USE OF THE SERVICE.
11.UPDATES
11.1. Updates. Essentials reserves the right, in its sole
discretion, to modify the Terms of Service at any time (“Updates”). You are
deemed to accept any Update by continuing to use the Service. Unless Essentials
states otherwise, Updates are automatically effective 30 days after posting.
11.2. Governing law. The Terms of Service and Privacy Policy are
governed by and construed under the laws of the province of British Columbia.
If a dispute arises, you agree that such dispute be resolved by courts located
in Vancouver, British Columbia and hereby submit to the personal jurisdiction
of such courts.
11.3. Severability. To the extent any section, clause, provision
or sentence or part thereof of the Terms of Service is determined to be
illegal, invalid or unenforceable by competent authority in any jurisdiction,
then that portion shall be severed and the remainder of the Terms of Service
given full force and effect.
11.4. No Waiver. Essentials failure to assert or enforce any
right contained in the Terms of Service shall not constitute a waiver of that
right.
11.5. Survival. Sections 1.3, 2.3, 4.2, 5.5, 8, 10 and 11
survive termination of the Terms of Service.
11.6. Entire Agreement. The Terms of Service constitutes the entire agreement between
you and Essentials with respect to the subject matter hereof and supersedes any
prior oral or written agreements, communications, representations or
undertakings provided.
11.7. Contact. You may contact Essentials regarding this
Terms of Service by emailing contactus@tvessentials.online