End User License Agreement
EION TERMS OF USE
Last Updated: July 13, 2023
Welcome to use the services of Aghs Labs Studios Pte Ltd (“Aghs Labs” or “We”). These Terms of Service (“Terms”) apply to the use of all services provided by Aghs Labs, including games developed and/or published by Aghs Labs, Aghs Labs and aforementioned games’ webpages and other services, such as applications or any social functions of the aforementioned services or any other services Aghs Labs has attached these Terms to (“Services”).
These Terms govern the relationship between you and Aghs Labs regarding your use of the Services. By downloading, installing, accessing, or using any part of the Services you agree to these Terms and agree to be bound by them. Use of the Services is also governed by Aghs Labs’s Privacy Policy and other relevant policies, which are incorporated herein by reference. These Terms along with Aghs Labs’s Privacy Policy affect your legal rights and obligations. If you do not agree to these Terms, you may not access or use the Services.
Before accessing or using the Services, you must agree to these Terms of Service and Aghs Labs’s Privacy Policy. By using the Services you represent that you are age 13 or older. If you are between the ages of 13 and 17, or a minor according to laws applicable to you, you represent that your legal guardian or legal representative has reviewed and agreed to these Terms and has given you permission to access and use the Services.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICES, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICES. USE OF THE SERVICES IS VOID WHERE PROHIBITED.
Aghs Labs reserves the right to make changes to these terms at any time. Your continued use of the Services will be deemed to confirm your acceptance of the updated terms. In addition to these Terms, you agree to abide by any supplemental policies of the Services, such as policies related to specific services (including without limitation forums, chats, contests or sweepstakes) as well as all other related operating rules or policies, each of which is incorporated by reference where applicable.
When you access the Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using the Services may be prohibited or restricted by your network provider and some or all parts of the Services may not work with your network provider or device.
1. Your use of the Game if you are under 18
If you are under 18, you may need your parent/guardian to help you with your use of the Game and with reading these Terms. If anything is hard to understand, please ask you parent/guardian to explain. If you still have any questions, you or your parent/guardian can contact us at: support@eion.gg
If you are under 13, you cannot register for an account without the permission of your parent/guardian. You need to register if you want to play the Game.
If you are under the age of 18, you will also not be eligible to win any cash element of a Prize (if applicable) and parental or guardian permission must be obtained to claim any Prize. Such permission must include confirmation that the parent/guardian agrees to the Player’s Entry to the Game, they agree to the Player being awarded a Prize and will accompany the Player during any travel connected to the Prize. For the avoidance of doubt, this permission is separate to the permission that must be obtained by all Players under the age of 13 to set up an Eion account by Aghs Labs, which is required to play the Game.
2. Applications and Registration
i. All applications to participate in the platform must be made online on the Eion website at Eion.gg (the “Website” or “Site”). No applications made in any other manner will be accepted. Where your application is accepted, you have successfully “Registered” and will become a “Player” of the Game.
ii. Registration for the Game is open to all South East Asian Residents. Current and Past employees (and immediate family members) of Aghs Labs may enter the Game but are ineligible to win any Prizes (as defined below). If such person would otherwise win a Prize, the Prize shall be awarded to the next placed Player.
iii. Under 18s may Register to play the Game, however the permission of a parent or guardian is required to receive a Prize. The eligibility of an under 18 to win a Prize is set out below.
iv. No purchase of any item or service is necessary in order to enter the Game and no payment is required from you.
v. Registrations must not be made by agents or third parties. No responsibility can be accepted for lost, delayed or incomplete Registrations or Registrations not received by the Aghs Labs for any reason. Any such Registrations will be deemed void.
vi. There is no limit on the number of Registrations per household or organisation. However, only one Registration for the Game per user of the Site or App is permitted. Individuals are not permitted to register multiple accounts on the Site or App.
vii. While there is no closing date for Registration, and applications can be made throughout the Aghs Labs season, the Aghs Labs will publish deadlines from time to time by which you must be Registered as a Player in order to qualify for points awarded in respect of any round of matches in Aghs Labs competition. Any such information on how and when to enter for the Game forms part of these Terms and shall be binding on you.
viii. Aghs Labs wishes to ensure the Game is an inclusive and safe place for all Players. Aghs Labs reserves the right to change the name of a Registration, team or league or suspend and/or delete Registrations, teams or leagues that contain names, words or phrases which are deemed solely by Aghs Labs to be inappropriate, promotional, profane, derogatory, discriminatory, divisive or offensive (irrespective of the opinion of the Player).
ix. In submitting a Registration and becoming a Player, you will be providing personal data to Aghs Labs. Any personal data which you do submit will be processed in accordance with Aghs Lab’s Privacy Policy, which can be found here: eion.gg/privacy-policy and in accordance with relevant data protection legislation including the General Data Protection Regulation (“GDPR”) and the Data Protection Act 2018.
x. We will only share your data in accordance with our Privacy Policy and as set out in these Terms. Where a Player is a winner of a Prize, the winner’s name may be published on the Site or App. Aghs Labs may also share your personal data if required to do so by a competent authority or court within Singapore.
3. The Game Rules
i. The Game will be governed by the Game Rules (as amended from time to time) published on the Site (and accessible via the App) by Aghs Labs (“Game Rules”). The Game Rules form part of these Terms and by Registering for the Game, you accept the Game Rules. Aghs Labs reserves the right to alter, amend or supplement the Game Rules in its absolute discretion. You agree that no liability shall attach to Aghs Labs as a result of any such change and so are advised to check the Game Rules regularly. Your continued use of the Game following the posting of changes to the Game Rules will mean you accept those changes and that such changes shall apply to your use of the Game after such changes have been posted.
ii. Aghs Labs will be the sole decision-maker of any matter of interpretation of the Game Rules and any aspect of the content of, or playing of, the Game. Aghs Labs will not enter into correspondence relating to such matters and its decision as to any matter arising out of or in connection with the Game Rules including but not limited to the allocation of points to any Player and/or the award of any Prize and/or any ranking or league table shall be final and conclusive.
Prizes and Winner’s Details
iii. Aghs Labs may choose to award prizes in respect of the Game (“Prizes”). Such Prizes will be available at the discretion of the Aghs Labs and in accordance with criteria set by it. Aghs Labs reserves the right to alter and amend the Prizes or the criteria for winning a Prize, where circumstances beyond its reasonable control require it to do so.
iv. Prizes are not transferable and are non-exchangeable. No cash alternative will be offered in any circumstances. Aghs Labs will make reasonable endeavours to accommodate any needs or requirements of Prize recipients and where a Prize includes travel or attendance at an event, Aghs Labs will seek to agree dates with the recipient. However, where the recipient is unavailable on the dates provided by the Aghs Labs, the Prize may be forfeited, or another recipient selected. If any aspect of a Prize is cancelled or postponed due to circumstances beyond the Aghs Lab’s control, including but not limited to, travel cancellations, delays or interruptions due to acts of God, acts and advice of Governments, acts of war, epidemic, pandemic, natural disasters, weather, acts of terrorism, national catastrophes, a period of mourning following the death of a monarch, advice against any travel by any Government or official authority for any reason (including by way of example only and without limitation by reason of any actual or potential terrorist threat) and/or the World Health Organisation or any internationally recognised medical authority for any reason or an event of force majeure, Aghs Labs shall not be responsible and that portion of the Prize will not be awarded and no additional compensation will be provided. No refunds or credit for changes to Prizes are allowed.
v. Subject to compliance with these Terms, all Players (excluding those listed in paragraph a) are eligible to win the Prizes. However, where a Player is under the age of 18, they will not be eligible to win any cash element of a Prize (if applicable) and parental or guardian permission must be obtained. Such permission must include confirmation that the parent/guardian agrees to the Player’s Entry to the Game, they agree to publication of the Player’s name as winner of the Prize, they agree to the Player being awarded a Prize and will accompany the Player during any travel connected to the Prize. For the avoidance of doubt, this permission is separate to the permission that must be obtained by all Players under the age of 13 to set up an Eion account, which is required to play the Game.
4. Player Responsibilities
i. You warrant and agree that, while participating in the Game, you shall not upload, post or transmit to or distribute or otherwise publish through the Game or in relation to the Game any information, content or materials that:
a) are protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, except as provided herein or without first obtaining permission from us or the copyright owner;
b) are unlawful, threatening, harassing, profane, tortious, defamatory, discriminatory, vulgar, obscene, libellous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another’s privacy, or hateful;
c) restrict or inhibit any other user from using and enjoying the Game;
d) constitute or encourage conduct that would constitute a criminal offence or give rise to civil liability; or
e) contain a virus or other harmful component or similar computer code designed to adversely affect the operation of any computer software or hardware, advertising of any kind, or false or misleading indications of origin or statements of fact.
ii. You warrant and agree that, while participating in the Game, you shall keep passwords for your account secure and procure that your password is frequently changed and kept confidential.
iii. You also warrant and agree that you shall not:
a) impersonate, or misrepresent your affiliation with any other person or entity;
b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Game for commercial purposes (other than as expressly permitted by the provider of such information or other material);
c) engage in spamming or flooding;
d) use automated systems to access the Game and extract information from the Game;
e) attempt to gain unauthorised access to other computer systems through the Game;
f) bring the Game or Aghs Labs into disrepute; or
g) create mini-leagues for any commercial purpose.
iv. Aghs Labs is the owner of all intellectual property rights in the Game, including without limitation in the associated graphics, trade marks, logos, branding, images and any Game data. Such rights must not be used by any Player in any way without the prior written consent of Aghs Labs. Aghs Labs’s clubs retain their own trade marks, which must not be reproduced without the relevant club’s prior written consent. Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Game itself or derivative works with respect thereto, as the Game is copyrighted as a collective work under the copyright laws of singapore.
5. Licence
Subject to you agreeing to these Terms and your continued compliance with these Terms and any other relevant policies, Aghs Labs grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited licence to access and use the Services for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.
The Services are provided to you for your personal and non-commercial use only. You shall not sell, rent or give away your access to the Services, create Services accounts by using false identities or information, or on behalf of someone other than yourself. You shall not use the Services if you have previously been removed from using any part of the Services by Aghs Labs, or previously been banned from playing any Aghs Labs game.
You may be required or given the choice to create a user account and/or choose a username for your use in the Services. Aghs Labs reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
By default the Services support only one player account per game on a supported device. Additionally, the Services may not support using a single account across multiple devices.
a. Licence Limitations
Your use of the Services is strictly tied to your compliance with these Terms. Any use of the Services in violation with these Terms is strictly prohibited and can result in the immediate revocation of your limited licence and may subject you to liability towards Aghs Labs or liability for violations of law.
You agree that you will not, under any circumstances:
use the Services for fraudulent or abusive purposes (including, without limitation, by using the Services to impersonate any person or entity, or otherwise misrepresent Aghs Labs’s affiliation with any person, entity or the Services);
disguise, anonymize or hide your IP address or the source of any material or content that you upload into the Services;
interfere with or disrupt the Services, servers or networks that provide the Services;
attempt to decompile, reverse engineer, disassemble or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by Aghs Labs;
post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis;
post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Aghs Labs’s employees, including Aghs Labs’s customer service representatives;
solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Services;
‘harvest’, ‘scrape’, collect or post any information about or regarding other people that use the Services, including, but not limited to any personal data or information (including but not limited to ‘pixel tags’ cookies, graphics interchange formats (‘gifs’) or similar items A.K.A ‘spyware’ or ‘PCMs’ (passive collection mechanisms);
disrupt the normal flow of a game or otherwise act in a manner that is likely to negatively affect other players’ ability to compete fairly when playing the games;
institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Services, or other attempts to disrupt the Services or any other person’s use or enjoyment of the Services;
disobey any requirements or regulations of any network connected to the Services;
circumvent technological measures designed to control access to, or elements of, the Services; or
do anything else that Aghs Labs deems not to be within the spirit of fair play or intent of the Services.
You acknowledge and agree that you are solely responsible for your actions in the Services and actions made in the Services using your player account.
Aghs Labs reserves the right to determine what conduct it considers to be in violation of these Terms or other rules of the Services, or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Aghs Labs reserves the right to take action as a result, which may include terminating your access to the Services in whole or in part.
6. Suspension And Termination Of Account And Service
WITHOUT LIMITING ANY OTHER REMEDIES, AGHS LABS MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE PLAYER ACCOUNTS OR ACCESS TO THE SERVICES OR PORTIONS THEREOF IF YOU ARE, OR AGHS LABS SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE SERVICES AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICES, AND AGHS LABS IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, AGHS LABS MAY LIMIT, SUSPEND OR TERMINATE THE SERVICES AND PORTIONS THEREOF, PROHIBIT ACCESS TO SERVICES’ GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICES IF AGHS LABS BELIEVES THAT THE USERS ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THESE TERMS OR OTHER POLICIES. ADDITIONALLY, AGHS LABS MAY, IN APPROPRIATE CIRCUMSTANCES AND AT ITS SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO AGHS LABS BELIEVERS MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
AGHS LABS RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Aghs Labs reserves the right to stop offering and/or supporting the Services or a particular game or part of the Services at any time, at which point your licence to use the Services or a part thereof will be automatically terminated. In such an event, Aghs Labs shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services.
Termination of your account can include disabling your access to the Services or any part thereof including any content you submitted or others submitted.
You may terminate your account at any time and for any reason by contacting our customer support at support@eion.gg or by using the in-game “contact support” function available in some games.
7. Third-Party Services And Material
The Services may contain links to websites or services operated by third parties or feature content which is made available by third-party services and enable you to access and use certain third-party services (such as video sharing services). Use of any websites or services operated by third parties, third-party services and/or content in third-party services shall be, in addition to these Terms, subject to the relevant third-party service provider’s terms and conditions applicable to use of such third-party services or the applicable licence(s) under which any such content is made available. Aghs Labs assumes no responsibility for such third-party services and/or content in third-party services.
These Terms shall be in addition to (and take precedence over where not prohibited)any terms and conditions, applicable to the distribution platform (such as an application store including e.g. Apple App Store, Google Play or Microsoft Store) through which you are acquiring the Services, agreed to between you and the relevant third-party entity.
8. Ownership
a. Intellectual Property Rights
All rights, title and interest in and to the Services (including without limitation any games, titles, computer code, themes, objects, characters, names, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual
effects, moral rights, documentation, in-game chat transcripts, recording of games played using Aghs Labs’s game clients and Aghs Labs’s game clients and server software) (“Aghs Labs Property”) are owned by or licensed to Aghs Labs, subject to copyright and other intellectual property rights under Singaporean and foreign laws and international conventions. Aghs Labs reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service. Except as expressly provided in the Terms, Aghs Labs does not grant any express or implied rights to the Aghs Labs Property.
b. Accounts
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY SERVICES ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF AGHS LABS.
c. Virtual Items
Aghs Labs owns, has licensed, or otherwise has rights to use all of the content that appears in the Services. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Services, including without limitation the virtual goods or currency appearing or originating in any part of the Services, whether earned in a game or purchased, or any other attributes associated with an account or stored on the Services.
9. User Content
“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit to the Services, or that other users upload or transmit, including without limitation, any chat text. By transmitting or submitting any User Content while using the Services, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Aghs Labs in accordance with its Privacy Policy.
Aghs Labs assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Services for inappropriate content or conduct. Aghs Labs does not, and cannot, pre-screen or monitor all User Content. Your use of the Services is at your own risk. By using the Services, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Services. At our discretion, our representatives or technology may monitor and/or record your interaction with the Services or communications (including without limitation chat text) when you are using the Service.
By agreeing to these Terms, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.
Aghs Labs reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time Aghs Labs chooses, in its sole discretion, to monitor the Services, Aghs Labs nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. Aghs Labs has the right, but not the obligation, in its sole discretion to edit, refuse to post, or remove any User Content.
a. Public Discourse
The Services may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Aghs Labs cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Services. Aghs Labs shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
b. Responsible for Your Own Content
You are solely responsible for the information that you post on, through, or in connection with the Services and that you provide to others. Aghs Labs may reject, refuse to post, or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgement of Aghs Labs violates these Terms.
c. Your Licence to Aghs Labs
You hereby grant to Aghs Labs an unlimited, irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide licence (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialise, publish, distribute, sell, licence, sublicense, commercially exploit, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and promotions of the Services. You also hereby grant to Aghs Labs the right to authorise others to exercise any of the rights granted to Aghs Labs under these Terms. You further hereby grant to Aghs Labs the unconditional, irrevocable right to use and exploit your name, likeness, and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Aghs Labs does not claim any ownership rights in your User Content and nothing in these Terms is intended to restrict any rights that you may have to use and exploit your User Content. Aghs Labs has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
d. User Interactions
You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services. Aghs Labs reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Aghs Labs to investigate any suspected unlawful, fraudulent or improper activity.
If you have a dispute with one or more users, you release Aghs Labs(and its officers, directors, agents, affiliates, parent companies, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
e. Social Media and Game Content
With the limitations set in these Terms, you have the right to upload captions (such as audio, video and screenshots) of the Services to social media services (such as Facebook), online video services (such as YouTube), online picture sharing services (such as Instagram). All such material must be uploaded without editing them in a way that misrepresents the Services or any games included in the Services.
10. Fees And Purchase Terms
a. Purchases
In the Services you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable licence to use (a) “virtual currency”, including but not limited to virtual cash or gems, all for use in the Services; and (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”). You are only allowed to purchase Virtual Items from us or our authorised partners through the Services, and not in any other way.
Aghs Labs may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice. Aghs Labs shall have no liability to you or any third party in the event that Aghs Labs exercises any such rights.
The transfer of Virtual Items is explicitly prohibited. You shall not sell, purchase, redeem or otherwise transfer Virtual Items to any person or entity or attempt any of the aforesaid, including but not limited to Aghs Labs, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in Aghs Labs games is a service provided by Aghs Labs that commences immediately upon acceptance by Aghs Labs of your purchase.
b. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. Aghs Labs may revise the pricing for the goods and services offered through the Services at any time. YOU ACKNOWLEDGE THAT AGHS LABS IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
11. Updates To The Service
You understand that the Services are constantly changing and evolving. Aghs Labs may require that you accept updates to the Services, such as via installing updates to game clients installed on your device. You acknowledge and agree that Aghs Labs may update the Services, with or without notifying you. You may need to update third party software or your device hardware from time to time in order to access and use the Services.
12. Beta Tests
Aghs Labs may offer you a chance to participate in beta tests (open or closed) of certain parts of the Services. Your participation in such beta tests may be subject to a separate non-disclosure agreement and/or supplemental policies.
By applying to and/or participating in beta tests you acknowledge and accept that:
Due to the unfinished and experimental nature of the beta-tested parts of the Services, Aghs Labs may not provide any customer service or assistance regarding such parts of the Services. The parts of the Services being beta tested may be nonfunctional on some devices regardless of their listed hardware or software requirements or specifications.
Any in-app or in-game purchases, items, equipment, experience points, in-game currency and other such content may be periodically reset by Aghs Labs during the course of the beta tests. Aghs Labs offers no refunds for any such lost content.
Any feedback or idea submitted by you to Aghs Labs regarding the beta tested parts of the Services may be utilised by Aghs Labs without any compensation to you. By submitting or creating any material, content (such as in-game user-created content) or feedback regarding the beta tested parts of the Services you grant to Aghs Labs an unlimited, sublicensable, fully paid up, nonexclusive and transferable licence to utilise such material, content and/or feedback in its business.
Your application to participate in beta tests does not entitle you to be invited to, or to participate in any beta test offered by Aghs Labs.
13. Personal Data And Security
Aghs Labs’s use of your personal data is governed by Aghs Labs’s Privacy Policy. You approve of processing your personal data in accordance with the Aghs Labs Privacy Policy by downloading, installing, accessing, or using the Services.
Aghs Labs shall take appropriate measures to prevent unauthorised access to, improper use of, and the reasonable accuracy of your personal data submitted to Aghs Labs via the Services. We use various technologies, including, in certain instances, encryption, to ensure high-security standards. Any data that is stored on Aghs Labs servers is not generally available to the public. However, the use of internet services always includes security risks.
14. Disclaimer Of Warranties
WITHOUT LIMITING AGHS LABS’S LIABILITY UNDER SECTION 11 BELOW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. AGHS LABS DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
15.Limitation Of Liability; Sole And Exclusive Remedy; Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGHS LABS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AGHS LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, AGHS LABS SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO AGHS LABS IN ACCORDANCE WITH THESE TERMS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO AGHS LABS DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND AGHS LABS’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH AGHS LABS IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.
NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AGHS LABS OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF AGHS LABS.
You agree to indemnify, defend and hold Aghs Labs.(and Aghs Labs’s officers, directors, agents, affiliates, subsidiaries, parent companies, joint ventures 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 Services or any breach by you of these Terms, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behaviour.
16. Dispute Resolution And Law
If a dispute arises between you and Aghs Labs, we strongly encourage you to first contact our customer support at support@eion.gg to seek a resolution. All disputes between you and Aghs Labs shall be governed by the laws of Singapore, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Aghs Labs must be resolved exclusively by a court located in Singapore.
The above paragraph does not limit your statutory rights. Consumer protection legislation applicable to you may allow you to bring your claim or dispute to a different court.
17. Severability
You and Aghs Labs agree that if any portion of these Terms, Aghs Labs’s Privacy Policy or any supplemental terms are found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
18. General Provisions
a. Assignment
Aghs Labs may assign or delegate these Terms and/or the Aghs Labs Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or the Privacy Policy without Aghs Labs’s prior written consent.
19. Supplemental Policies
Aghs Labs may publish additional or supplementary policies or terms related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms.
20. Entire Agreement
These Terms, the Aghs Labs Privacy Policy any additional or supplemental policies and any documents expressly incorporated by reference herein, contain the entire understanding of you and Aghs Labs, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Services.
21. Region-Specific Terms
Effective January 1, 2020 applying to California residents: California Consumer Privacy Act requires that Aghs Labs maintains a separate web page that allows you to opt out of the sale of your personal information. As Aghs Labs does not track you between its services, please check each individual Aghs Labs service you have used to find out how to adjust your privacy settings in that service. Please note that Aghs Labs does not sell your personal information to third parties without your prior consent (opt-in).
a. No Waiver
The failure of Aghs Labs to require or enforce strict performance by you of any provision of these Terms or the Aghs Labs Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Aghs Labs’s right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by Aghs Labs of any provision, condition, or requirement of these Terms or the Aghs Labs Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in this these Terms, no representations, statements, consents, waivers, or other acts or omissions by Aghs Labs shall be deemed a modification of these Terms nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Aghs Labs.
b. Notices
We may notify you via the Services or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms or the Aghs Labs Privacy Policy shall be in writing and addressed to: Aghs Labs Pte Ltd. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
c. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms to Aghs Labs are of a unique and irreplaceable nature, the loss of which shall irreparably harm Aghs Labs and which cannot be replaced by monetary damages alone so that Aghs Labs shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages, limited by Section 11 (if any).
d. Force Majeure
Aghs Labs shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Aghs Labs, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Aghs Labs’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.
Contact information:
Aghs Labs Pte Ltd, Singapore.
Email: support@eion.gg
https://eion.gg/
Eion Esports Fantasy 