ESOFans: Terms of Use

 

This Agreement was last modified on 14, May 2020.

 

ESOFans is a community focussed web page offering interactive posts such as member blog entries, member forums, public looking for group posts, and public sale/trade/auction listings. 

 

1. All uses of ESOWebTrader must comply and abide with the established Microsoft’s Code of Conduct for Xbox Live customers: https://www.xbox.com/en-GB/legal/codeofconduct and ZOS/Bethesda’s Elder Scrolls Online code of Conduct found at Code of Conduct found at https://account.elderscrollsonline.com/code-of-conduct.

2. All content posted to ESOFans and its partner sites must fully comply with the Microsoft Code of Conduct. Failure to do so can result in removed content, content moderation and/or account deletion at the sole discretion of ESOFans and its Trusted Users.

3. “Goods” offered for sale, trade or auction must only be virtual goods hosted on The Elder Scrolls Online game PC, Xbox or Playstation servers. There can be no exchange of real world money for any virtual goods through this Service. 

4. The Services offered are manual matchmaking only. Two users contact each other through their platform’s built in tools and make an in-game transaction based on finding each other through one of the ESOFans properties.

5. You continue to own the copyrights of any content that you submit to ESOWebTrader. That said, by posting your content you give us multiple rights to use and change it (see “User Content License Grants” below for details).

6. We value your privacy. Read more at our Privacy Policy at https://esofanscom/privacy and Cookie Policy at https://esofans.com/cookies.

7. If you would like to have your ESOFans account and all personal data deleted from our site, we will he happy to do so. Just email esowebtrader@protonmail.com with the subject line "Account deletion request" and provide your ESOFans user name.

8.  

Please see below for our official Terms of Use. We encourage you to read them carefully. Thank you for using and contributing to ESOFans. We appreciate your support in creating a friendly, helpful and enjoyable ESO gaming experience.

 

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Introduction

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Welcome to ESOFans, the website and online services of ESOFans.com and sister sites ESOWebTrader.com ESOAuctions.com and LFESOG.com (“ESOWebTrader,” “we,” or “us”). This page explains the terms by which you may use our online services, website, and software provided on or in connection with the service (collectively the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Service Agreement (“Agreement”) and to the collection and use of your information as set forth in our Privacy Policy at https://esofans.com/privacy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

 

 

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

 

 

 

Use of Our Service

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ESOFans provides a community space for users of The Elder Scrolls Online to meet and share. We appreciate your valuable contributions to the Service.

 

A. Eligibility.

 

You may use the Service only if you can form a binding contract with ESOFans, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. The Service is not available to any Users previously removed from the Service by ESOFans. Any use of the Service by anyone under 13 is strictly prohibited and in violation of this Agreement.

 

B. ESOWebTrader Service.

 

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. ESOFans may terminate this license at any time for any reason or no reason. ESOFans reserves all rights not expressly granted herein in the Service and the ESOFans Content (as defined below).

 

C. ESOFans Accounts.

 

Your ESOFans account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. By connecting to ESOFans with a third-party service such as Facebook or Microsoft Live, you give us permission to access and use your information from that service as permitted by that service, and to store your access tokens for that service.

 

You may never use another User’s account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify ESOFans immediately of any breach of security or unauthorised use of your account. ESOFans will not be liable for any losses caused by any unauthorised use of your account.

 

By providing ESOFans your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by sending a message to esowebtrader@protonmail.com with the subject “Email Opt Out.” Opting out may prevent you from receiving email messages regarding updates, improvements, or offers but cannot prevent the underlying Wix service system messaging.

 

D. Service Rules.

 

You agree not to engage in any of the following prohibited activities: (i) transmitting spam, chain letters, or other unsolicited email or messages; (ii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (iii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iv) uploading invalid data, viruses, worms, or other software agents through the Service; (v) collecting or harvesting any personally identifiable information, including account names from the Service; (vii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud; (viii) interfering with the proper working of the Service; (ix) accessing any content on the Service through any technology or means other than those provided or authorised by the Service; or (x) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

 

If you operate a search engine or robot, or if you republish a significant fraction of all ESOFans Content (as we may determine in our reasonable discretion), you must follow these rules:

• You must use a descriptive user agent header;

• You must provide prominent attribution to ESOFans;

• You must follow robots.txt at all times; and

• You must make it clear how to contact you, either in your user agent string, or on your website if you have one.

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

 

You are solely responsible for your interactions with other ESOFans Users. We reserve the right but have no obligation to monitor disputes between you and other Users. ESOFans shall have no liability for your interactions with other Users, or for any User’s action or inaction.

 

Trusted Users

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ESOFans may provide certain Users with administrative privileges in order to monitor or provide certain aspects of the Service (“Trusted Users”). These privileges may include, without limitation, the ability to remove User Content provided by other Users or monitor other Users’ use of the Service. For the avoidance of doubt, wikiHow Trusted Users include, but are not limited to, Admins (aka SysOps or Administrators) and Moderators. You acknowledge that ESOFans may revoke your status as a Trusted User at any time for any reason or no reason, and may require you to enter into further agreements with ESOFans depending on your role.

 

If you are a Trusted User, you acknowledge that you may have access to the personal information of other Users, and you represent and warrant that you will handle that information in full accordance with the ESOFans Privacy Policy at https://esofans.com/privacy and the confidentiality obligations contained herein. You further acknowledge that you may have access to ESOFans Confidential Information (as defined below), and you represent and warrant, at all times you are serving as a Trusted User and thereafter, to hold in strictest confidence, and not to use, except for the benefit of ESOFans to the extent necessary to perform authorised services on behalf of ESOFans, and not to disclose to any person, firm, corporation or other entity, without written authorisation from ESOFans in each instance, any ESOFans Confidential Information that you obtain from ESOFans or otherwise obtain, access or create in connection with, or as a result of, your relationship with ESOFans or your performance of any services as a Trusted User, until such ESOFans Confidential Information becomes publicly and widely known and made generally available through no wrongful act of you or of others who were under confidentiality obligations as to the item or items involved. You further agree not to make copies of such ESOFans Confidential Information, except as expressly authorised by ESOFans and to return to ESOFans or delete any copies or materials containing ESOFans Confidential Information upon ESOFans's request.

 

You understand that “ESOFans Confidential Information” means information and physical material not generally known or available outside ESOFans, and information and physical material entrusted to ESOFans in confidence by third parties. ESOFans Confidential Information includes, without limitation: technical data, analytical data, User Internet Protocol (IP) addresses, any personal information relating to Users, software codes and designs, algorithms, non-public business information, and any other non-public information to which you gain access while serving as a Trusted User.

 

User Content

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The Service allows Users to post content such as profile information, instructional and informational materials, photographs, images, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service “User Content”). We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with this Agreement (see “User Content License Grants” below). ESOFans has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.

 

You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, obscene, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current (viiii) content that is not in compliance with the Microsoft’s Code of Conduct for Xbox Live found at https://www.xbox.com/en-GB/legal/codeofconduct or (x) content that is in violation of ZOS/Bethesda’s Code of Conduct found at https://account.elderscrollsonline.com/code-of-conduct. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. ESOWebTrader reserves the right, but is not obligated, to reject and/or remove any User Content that ESOWebTrader believes, in its sole discretion, violates these provisions or is otherwise inappropriate for the Service. You understand that publishing your User Content on the Service is not a substitute for registering it with the Writers Guild of Great Britain, the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organisation.

 

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.

 

In connection with your User Content, you affirm, represent, and warrant the following:

 

A. You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.

 

B. Your User Content and ESOFans's use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.

 

C. ESOFans may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

 

D. To the best of your knowledge all of your User Content and other information that you provide to us is truthful and accurate.

 

ESOFans takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that ESOFans shall not be liable for any damages you allege to incur as a result of User Content.

 

User Content License Grants

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A. License Grant to ESOFans.

 

By posting any User Content on the Service, you expressly grant, represent, and warrant that you have all rights necessary to grant to ESOWebTrader a royalty-free, sub-licensable, assignable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and ESOFans's (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You will continue to own any User Content you post to the Service, and you are free to distribute it in any way you please, whether for commercial or non-commercial purposes.

 

B. License Grants to Users

 

 

(1) Text Content. All text posted by Users to the Service may be sub-licensed by ESOFans to other Users.

 

(1) Image Content. All images posted by Users to the Service may be sub-licensed by ESOFans to other Users.

 

 

Our Proprietary Rights

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Except for your User Content, any User contributed article text, or as expressly provided herein, the Service and all materials therein or transferred thereby, including, without limitation, software, images, graphics, illustrations, text, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “ESOFans Content”), and all Intellectual Property Rights related thereto, are the exclusive property of ESOFans and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any ESOFans Content. Use of the ESOFans Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

 

 

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place ESOFans under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, ESOFans does not waive any rights to use similar or related ideas previously known to ESOFans, or developed by its employees, or obtained from sources other than you.

 

ESOFans Property

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Certain aspects of the Service may allow you to obtain certain “reputation,”, “status indicators,” “points,” “tokens,” “awards” or similar property (“ESOWebTrader Property”). You understand and agree that regardless of terminology used, ESOFans Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at ESOFans's sole discretion. ESOFans Property is not redeemable for any sum of money or monetary value from ESOFans at any time nor can it be redeemed for The Elder Scrolls in-game virtual currencies at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of ESOFans on ESOFans servers, including without limitation any data representing or embodying any or all of your ESOFans Property. You agree that ESOFans has the absolute right to manage, regulate, control, modify and/or eliminate ESOWebTrader Property as it sees fit in its sole discretion, in any general or specific case, and that ESOFans will have no liability to you based on its exercise of such right. All data on ESOFans's servers are subject to deletion, alteration, or transfer.

 

NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY, AND ACCOUNT CONTENT RESIDING ON ESOFANS’S SERVERS, MAY BE DELETED, ALTERED, MOVED, OR TRANSFERRED AT ANY TIME FOR ANY REASON IN ESOFANS’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. ESOFANS DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON ESOFANS’S SERVERS.

 

 

Privacy

We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy available at https://esofans.com/privacy and to have your personally identifiable information collected, used, transferred to, and processed in the United Kingdom.

 

Security

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ESOFans cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

 

Third-Party Links

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The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by ESOFans. ESOFans does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and ESOFans's Privacy Policy do not apply to your use of such sites. You expressly relieve ESOFans from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that ESOFans shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

 

 

Indemnity

You agree to defend, indemnify, and hold harmless ESOFans and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.

 

No Warranty

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THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ESOWEBTRADER OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, ESOWEBTRADER, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

 

ESOFANS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ESOWEBTRADER SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND ESOWEBTRADER WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

Limitation of Liability

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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ESOFANS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL ESOWEBTRADER BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORISED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ESOFANS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL ESOFANS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO ESOWEBTRADER HEREUNDER OR $100.00, WHICHEVER IS GREATER.

 

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ESOFANS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

 

The Service is controlled and operated from facilities in the United Kingdom. ESOFans makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United Kingdom and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United Kingdom, or are a foreign person or entity blocked or denied by the United Kingdom government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United Kingdom.

 

Governing Law and Arbitration.

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A. Governing Law.

 

You agree that: (i) the Service shall be deemed solely based in The United Kingdom; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over ESOFans, either specific or general, in jurisdictions other than The United Kingdom. This Agreement shall be governed by the internal substantive laws of the United Kingdom, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in The United Kingdom for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.

 

B. Arbitration.

 

For any dispute with ESOFans, you agree to first contact us at esowebtrader@protonmail.com and attempt to resolve the dispute with us informally. In the unlikely event that ESOFans has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any ESOFans claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the London Court of International Arbitration (“LCIA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the LCIA, except as provided herein. The arbitration will be conducted in the United Kingdom, unless you and ESOFans agree otherwise. Each party will be responsible for paying any LCIA filing, administrative and arbitrator fees in accordance with LCIA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ESOFANS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

General

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A. Assignment.

 

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by EsoWebTrader without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

 

B. Notification Procedures and Changes to the Agreement.

 

EsoWebTrader may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by ESOFans in our sole discretion. ESOFans reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. ESOFans is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. ESOFans may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.

 

C. Entire Agreement / Severability.

 

This Agreement, together with any amendments and any additional agreements you may enter into with ESOFans in connection with the Service, shall constitute the entire agreement between you and ESOFans concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

 

D. No Waiver.

 

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and ESOFans's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

 

E. Contact.

 

Please contact us at esowebtrader@protonmail.com with any questions regarding this Agreement.

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