TERMS OF USE
These terms ("Terms of Service") govern the relationship between you and the Company ("the Company," "Us," or "We"), regarding your use of the Company's games, store, websites, and related services ("the Service"). Use of the Service is also subject to the Company's Privacy Policy and other relevant policies, which are incorporated by reference into these Terms.
Before accessing or using the Service—including browsing any Company website or launching a game—you must agree to these Terms of Service and the Privacy Policy. A guest account may be created for you to use the Service, and you may also be required to register an account ("Account"), such as game accounts or a Company ID. By using or registering for an Account or otherwise using the Service, you represent that you are of legal adult age in your country of residence. If not, your legal guardian must review and agree to these Terms of Service.
BY INSTALLING, USING, OR ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT INSTALL, USE, OR ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
The Company reserves the right to modify, amend, or update these Terms of Service, the Privacy Policy, and other relevant policies at any time by posting revised terms on the Service. You will be deemed to have accepted such changes by continuing to use the Service. If you do not agree with any updated terms, your right to use the Service terminates immediately, and you must stop using the Service.
1. Using the Service
1.1 Your Right to Use the Service
Subject to your agreement and ongoing compliance with these Terms and relevant Company policies, you have a non-exclusive, non-transferable, non-sublicensable, revocable, and limited right to access and use the Service for your personal, non-commercial entertainment purposes only. You agree not to use the Service for any other purpose.
Use Restrictions:
You are fully responsible for any unauthorized use of the Service by minors, including any use of your credit card or payment methods by minors.
You may not purchase, sell, rent, or give away your Account, create an Account with false information, or register an Account on behalf of another person. If you have been banned or removed from any Company game, you may not use the Service.
You may not use the Service to advertise, solicit, or send commercial spam, chain letters, or repetitive/misleading messages.
Login Information and Your Account:
You must keep your Account and login credentials ("Login Information") confidential and not share them with others. Immediately notify the Company and change your Login Information if you suspect a security breach.
You are solely responsible for maintaining the confidentiality of Login Information and all activities under your Account, including unauthorized purchases.
The Company reserves the right to remove or reclaim usernames at any time, including for third-party claims of trademark or copyright infringement.
Prohibited Activities:
Engage in conduct contrary to the spirit of the Service or abuse support services.
Use cheats, bots, automation tools, emulators, hacks, or unauthorized third-party software that modifies or interferes with the Service.
Modify Service or game files without the Company's written consent.
Disrupt service operations, manipulate rankings, exploit glitches for unfair advantages, or engage in toxic behavior that harms other users' experience.
Launch attacks (e.g., viruses, DDoS) against the Service or attempt unauthorized access to accounts, servers, or networks.
Post abusive, threatening, obscene, defamatory, or harassing content; impersonate others (including Company staff); or share illegal/violent material.
Reverse-engineer software, collect user privacy data, or use games for gambling or money laundering.
Violate export controls, sanctions, or anti-money laundering laws (e.g., U.S. or EU regulations).
The Company may terminate accounts for violations, including permanent loss of virtual items and benefits.
1.2 Suspension and Termination
The Company may suspend, terminate, or limit your Account or access to the Service without notice if you violate these Terms or engage in illegal/improper use. This may result in loss of usernames, virtual items, and benefits, with no compensation owed.
We may terminate accounts inactive for 180 days and discontinue any part of the Service at our discretion, without refunds.
2. Ownership
2.1 Games and Service
All rights, titles, and interests in the Service—including games, code, characters, artwork, sounds, and server software—are owned by the Company. The Company reserves all intellectual property rights related to the Service.
2.2 Accounts
You acknowledge that you have no ownership or property rights in your Account. All rights in Accounts are and shall remain the sole property of the Company.
2.3 Virtual Content
The Company owns or licenses all content in the Service, including virtual items, currency, and features. You have no legal rights or title to any virtual content, whether earned or purchased.
3. User Content
3.1 Submission of User Content
"User Content" includes any material you upload or transmit through the Service, such as chat messages or images. By submitting User Content, you represent that it is:
Accurate, non-confidential, and not misleading;
Not infringing third-party rights or laws, with necessary permissions for included data;
Free of viruses or malware;
Subject to the Company's Privacy Policy for personal information handling.
Content Screening:
The Company does not pre-screen User Content and is not responsible for user conduct. You may encounter offensive content at your own risk.
We reserve the right to review, delete, or disable any User Content at our discretion, without notice or liability.
3.2 License to the Company
You grant the Company a worldwide, irrevocable, royalty-free license to use, modify, distribute, and publicly display your User Content for any purpose related to the Service, including marketing. You waive moral rights and allow sublicense to third parties. The Company does not claim ownership of your User Content but has no obligation to protect your intellectual property.
3.3 User Interactions
You are solely responsible for interactions with other users. The Company is not obligated to intervene in disputes. By using the Service, you release the Company from claims arising from disputes with other users.
4. Fees and Purchases
4.1 Virtual Item Purchases
You may purchase virtual currency, in-game items, or services ("Virtual Items") with real money, only through the Company or authorized partners.
Purchases are final and non-refundable, except as required by law. You waive the right to cancel once the purchase is accepted.
The Company may modify or discontinue Virtual Items at any time, without liability. Transferring Virtual Items is prohibited, except as expressly allowed.
4.2 Payment Terms
You are responsible for all fees and taxes associated with your Account. The Company may change pricing for Virtual Items.
Unused Virtual Items are not refundable upon Account closure, whether voluntary or involuntary.
5. Service Updates
The Service is continuously evolving. The Company may require you to accept updates to the Service or games. Updates may be deployed without prior notice, and you may need to update third-party software to use the Service.
6. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT UNINTERRUPTED ACCESS, ERROR-FREE OPERATION, OR FREEDOM FROM VIRUSES. SOME JURISDICTIONS MAY NOT ALLOW EXCLUSIONS OF WARRANTIES, SO THE ABOVE MAY NOT FULLY APPLY TO YOU.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION), WHETHER ARISING FROM CONTRACT, TORT, OR OTHERWISE.
OUR LIABILITY WILL NOT EXCEED THE AMOUNT YOU PAID TO THE COMPANY IN THE 6 MONTHS PRIOR TO YOUR CLAIM. IF YOU PAID NOTHING, YOUR SOLE REMEDY IS TO STOP USING THE SERVICE.
You agree to indemnify the Company against third-party claims arising from your use of the Service or breach of these Terms, except where the claim is not due to your fault.
8. Dispute Resolution
8.1-8.7 (For Northern Ireland)
Informal Dispute Resolution:
Before initiating arbitration, you and the Company agree to attempt good-faith resolution of disputes for at least 30 days via written notice to [email protected], including details of the dispute and desired resolution.
Arbitration:
Disputes will be resolved through binding individual arbitration (not class action), administered by the Northern Ireland Arbitration Association under its Consumer Arbitration Rules.
Arbitration may be held inNorthern Ireland, your home county/province, or virtually.
Fees are determined by Association rules; the Company will cover excessive fees. Each party pays its own attorneys' fees unless the law allows recovery.
Exceptions to Arbitration:
Claims involving the Company's intellectual property (e.g., copyrights, trademarks);
Piracy or tortious interference claims;
Claims non-arbitrable under law or small claims court matters.
No Class Actions:
Disputes must be brought individually, not as part of a class, collective, or representative action.
If this clause is invalid, the entire arbitration agreement (Section 8) is void.
Opt-Out of Arbitration:
You may opt out within 30 days of first use by emailing [email protected] with the subject "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." Failure to opt out binds you to arbitration.
8.8 (For EU/EEA Residents)
You may use the EU's Online Dispute Resolution platform or refer disputes to your local consumer dispute board.
9. Applicable Law
U.S./Canada: The Federal Arbitration Act governs arbitration clauses; all other disputes are governed by Italian law (without conflict of laws).
Other Countries: Disputes are governed by Italian law (without conflict of laws).
10. Venue for Non-Arbitrable Disputes
U.S./Canada: Non-arbitrable disputes must be litigated in state or federal courts in San Francisco, CA.
Other Countries: Disputes must be litigated in courts in Northern Ireland.
11. Severability
If any provision is held invalid, the remainder of these Terms will remain enforceable.
12. General Provisions
12.1 Assignment
The Company may assign these Terms without notice; you may not assign your rights without our written consent.
12.2 Supplemental Policies
Additional policies for specific services (e.g., forums, contests) apply in addition to these Terms.
12.3 Entire Agreement
These Terms, the Privacy Policy, and supplemental policies constitute the full agreement between you and the Company, superseding all prior understandings.
12.4 No Waiver
The Company's failure to enforce a provision does not waive its right to do so in the future. No waiver is valid unless in writing and signed by both parties.
12.5 Notices
The Company may notify you via in-game messages, [website], or email. Your notices must be in writing to:
ELISTAHOT LIMITED
SUITE 1805 44A FRANCES STREET NEWTOWNARDS COUNTY DOWN NORTHERN IRELAND BT23 7DN
With a copy to [email protected].
12.6 Equitable Remedies
You acknowledge that the Company may seek injunctive relief (without bond) for breaches, as monetary damages may be insufficient. You waive the right to seek injunctive relief against the Company, limiting claims to monetary damages (if any).
12.7 Force Majeure
The Company is not liable for delays or failures due to events beyond its control, such as acts of God, war, strikes, or government actions.