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LAST EPOCH
IMPORTANT NOTICE:THIS VERSION OF THE ELEVENTH HOUR GAMES TERMS OF USE IS EFFECTIVE AS OF March 9, 2023.
YOU SHOULD CAREFULLY READ THIS AGREEMENT BEFORE INSTALLING OR USING ANY ELEVENTH HOUR GAMES PRODUCT OR SERVICE AS IT AFFECTS YOUR LEGAL RIGHTS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS, YOU MAY NOT INSTALL, USE, OR OTHERWISE ACCESS ANY ELEVENTH HOUR GAMES PRODUCT OR SERVICE
Acceptance of Terms.
Welcome to the Eleventh Hour Games, INC ("Eleventh Hour Games") 'Last Epoch' videogame ("Last Epoch"). These terms of use and privacy policy ("Terms of Use") apply to the use of the Last Epoch website ("Website") at www.lastepochgame.com (or such other URL as the Website may subsequently be hosted at), the software, documentation, and any associated materials comprising or made available in connection with Last Epoch (the "Materials"), as well as any services offered or provided by Eleventh Hour Games or authorized third parties in connection with Last Epoch (collectively, the "Services"). These Terms of Use govern the relationship between You ("You" or "User") and Eleventh Hour Games regarding the use of the Services. By downloading, installing, accessing, or making use of any part of the Website, Materials, and/or Services, You agree to the Terms of Use and accept to be bound to the terms therein. These Terms of Use affect Your legal rights and obligations. If You do not completely agree to all of the policies, rules, and Terms of Use, You may not use the Services.
Rights.
Unless otherwise stated in these Terms of Use, Eleventh Hour Games is the owner or licensee of all rights, including, but not limited to, all copyright, trademarks, and other intellectual property rights relating to or included within the Website, Materials, and Services ("Rights"). For the avoidance of doubt, and to the greatest extent permitted at law, the Rights include without limitation all rights in respect of all graphics, logos, text, images, sounds, and all other elements included in and deriving from the gameplay and virtual world featured in Last Epoch, including without limitation in-game names, characters, locations and any virtual items ("Virtual Items") and their associated benefits or properties acquired or provided for use within Last Epoch.
License.
If You accept and comply with these Terms of Use, Eleventh Hour Games will grant, and You will receive, a limited, revocable, non-sub licensable, non-commercial, and non-exclusive license to use and access the Website, Materials, and Services, subject to the limitations set forth in these Terms of Use, as follows (the "License"): (i) You may install applicable components or features of the Services, Materials, and/or Website on one or more computers under your legitimate, direct control; (ii) You may use the Services for Your personal and non-commercial entertainment purposes only, unless specifically allowed under these Terms of Use; and, (iii) You may not transfer Your rights and obligations under these Terms of Use. Any contravention by You of these Terms of Use or any other terms or conditions between You and Eleventh Hour Games or any behavior which Eleventh Hour Games deems in its sole discretion is not in keeping with the intended spirit of Last Epoch, immediately terminates the License, or such aspect of the License as Eleventh Hour Games may otherwise provide You notice of. Termination of the License, or any aspect of the License, by Eleventh Hour Games may without limitation also result in the taking of any of the further actions.
Restrictions and Limitations.
Eleventh Hour Games may suspend or revoke the License, or parts, components, and/or single features thereof, if You violate, or assist others in violating, the license limitations set for under these Terms of Use. You agree that You will not, in whole, in part, or under any circumstances, do the following: (i) adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of the Website, Materials, or Services other than in accordance with the License; (ii) modify or adapt (including through third parties and third party tools) the game client or its data, other than in the normal course of Last Epoch gameplay as permitted in accordance with the License; (iii) utilize any automated software or 'bots' in relation to Your access or use of the Website, Materials, or Services; (iv) knowingly perform any actions that may cause the computers used to support the Website, Materials, and/or Services (the "Servers") to become overloaded or crash; (v) connect to the Servers through any software other than the authorized game client software; (vi) use any data gathering and extraction tools or software to extract information from the Website and/or Services or utilize framing techniques to enclose any of the contents of the Website and/or Services; (vii) use any meta tags or other hidden text which incorporate the Eleventh Hour Games name or any of its intellectual property, including trademarks; (viii) perform in-game services during Your use of the Website, Materials, or Services for any form of compensation outside of Last Epoch; (ix) create, utilize, or transact any in-game item created or copied by exploiting a design flaw, undocumented problem, or program bug in the game; (x) attempt to sell, sublicense, rent, lease, grant a security interest in, or otherwise transfer any copy or component of the Website, Materials, and/or Services or component thereof in any way not expressly authorized under these Terms of Use; (xi) engage in any conduct intended to disrupt the game experience for other players, or disrupt the operation of the Website and/or Services in any way; and, (xii) reverse engineer, decompile, or disassemble the Website, Materials, and/or Services.
Recording and Streaming Gameplay.
Subject at all times to the provisions of these Terms of Use, the License includes a limited license to stream Your Last Epoch gameplay on live streaming sites (including for example and without limitation {LINK REMOVED} and to record videos of Your Last Epoch gameplay and post such videos on video sharing sites (including for example and without limitation YouTube). Subject at all times to any further restrictions or conditions specified by Eleventh Hour Games from time to time, such license from Eleventh Hour Games will also be deemed to allow You to include advertisements in such live streaming or recorded video content (together the "Gameplay Content") and otherwise monetize such Gameplay Content as may be allowed by such live streaming or video sharing sites (together the "Gameplay Content Sites"). The terms of this section are at all times subject to Your compliance with any further obligations imposed by the applicable Gameplay Content Sites You wish to make the Gameplay Content available through and these Terms of Use. Notwithstanding the foregoing, and in Eleventh Hour Game's sole discretion, You agree that on request from Eleventh Hour Games You will immediately remove or alter any Gameplay Content included on any Gameplay Content Sites and further agree that You will not pursue Eleventh Hour Games for any actual or potential loss You may suffer in such regard.
Indemnity.
You agree to fully defend and indemnify Eleventh Hour Games, its parent, subsidiaries, licensors, and affiliates against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by Eleventh Hour Games arising out of or from Your use of the Website, Materials, Services, Last Epoch, and/or Member Account, or any specific services or features associated therewith, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct or consequential.
Posting Policy.
The following provisions ("Posting Policy") apply to any comments You post or any statements You make in any manner on the Website (which includes for the avoidance of doubt any associated forums) or any messages You send to other users of the Materials and Services (including as part of the Last Epoch gameplay) by any manner whether facilitated or otherwise allowable by the Materials and Services ("Posts"): (i) all Posts must represent Your genuine opinion of the matter in question; (ii) personal abuse, foul language, inappropriate subject matter, obscene, harassing, threatening, hateful, or discriminatory or defamatory remarks of any nature, as may be determined by Eleventh Hour Games in its sole discretion, or Posts otherwise in contravention of any law or court order, are not permitted;(iii) Posts advertising or promoting any person or entity or their goods or services without the prior written approval of Eleventh Hour Games are not permitted; (iv) You grant Eleventh Hour Games a perpetual, non-revocable royalty-free license to: (a) make use of any Posts as Eleventh Hour Games deems appropriate in relation to any of the Website, Materials and Services or the promotion of the same; and (b) sub-license third parties, on such terms as Eleventh Hour Games deems appropriate, to make use of any Posts as Eleventh Hour Games deems appropriate in relation to any of the Website, Materials and Services or the promotion of the same. Eleventh Hour Games reserves the right without notice, explanation or liability to: (i) restrict or remove Your ability to make Posts; (ii) disallow the posting of any specific Posts; (iii) edit any specific Posts; and (iv) completely remove any Posts from the Website or anywhere else related to the Materials and Services (including as part of the Last Epoch gameplay) where they appear or are stored.
Content.
While Eleventh Hour Games has endeavored to take all reasonable and appropriate care in the preparation of the content of the Website, Materials, and Services and has no reason to believe that any information contained in any of the Website, Materials, or Services is inaccurate, Eleventh Hour Games does not warrant the accuracy, adequacy, or completeness of any information contained in any of the Website, Materials, or Services and that such information is error free. To the greatest extent permitted by law Eleventh Hour Games does not accept liability for any loss or damage which may result either directly or indirectly from reliance by You upon the accuracy or currency of information contained in any of the Website, Materials, or Services, including without limitation where such loss or damage is a result of or contributed to by the negligence of Eleventh Hour Games.
Linked Websites.
The Website, Materials, and/or Services may contain links to other websites or content not controlled by Eleventh Hour Games ("Linked Websites"). Those links and/or content are provided for convenience only and may not remain current or be maintained. Eleventh Hour Games is not responsible for the content or privacy practices associated with Linked Websites. Linked Websites should not be regarded as approval or as an endorsement of those Linked Websites, their operators or owners, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites including further links contained on those Linked Websites, unless and to the extent stipulated to the contrary in these Terms of Use.
Account Creation.
To acquire or make use of any portion of the Website, Materials, and/or Services You are required to register for an Eleventh Hour Games member account ("Member Account"). By registering for a Member Account or by using any of the Services in any capacity, You represent and warrant the following: (i) all information and personal details You provide to Eleventh Hour Games are correct; (ii) You are aware that Last Epoch is an unrated game; (iii) You are over eighteen (18) years of age; (iv) You understand and agree to these Terms of Service; and (v) You will never allow any other person or entity to use Your account. You may not transfer Your registration or any rights You may have in Your Member Account to any other person or entity. For the avoidance of doubt, You acknowledge that You will have no ownership rights in Your Member Account, including without limitation any Virtual Items connected with such Member Account. You expressly agree that the sale or transfer of Your Member Account to any other person or entity is a material violation of these Terms of Use.
Usernames.
Any username You choose in relation to Your Member Account or as applicable any other identifier You choose for use in relation to Your access or use of the Website, Materials and Services, may be viewable by other users of any of the Website, Materials and Services as applicable and You warrant that any such username or other identifier will not:(a) infringe the rights of whatever nature of any third party including without limitation copyright, registered and unregistered trade mark rights, rights of personality, privacy, confidentiality and any other intellectual property rights; and(b) contain foul language, inappropriate subject matter, obscene, harassing, threatening, hateful, or discriminatory or defamatory remarks of any nature as may be determined by Eleventh Hour Games in its sole discretion or otherwise be in contravention of any law or court order.
Confidentiality of Passwords.
You must keep all password and login information associated with Your Member Account confidential and not disclose such information to any third party or allow a third party access to Your Member Account without first obtaining Eleventh Hour Games' prior written consent. You will be solely responsible for all activities undertaken and/or costs incurred under the use of Your password and login. You must notify Eleventh Hour Games immediately if You know or suspect that Your Member Account has been accessed by a third party or Your login or password details have been, or may have been, obtained by a third party.
Member Account Cancellation.
Eleventh Hour Games reserves the right, acting at its sole discretion, to refuse to accept Your registration request for a Member Account. To the greatest extent permitted by law, Eleventh Hour Games also reserves the right, acting at its sole discretion, at any time to cancel Your registration and access to Your Member Account or to restrict, limit or otherwise change Your existing rights of access to Your Member Account, or any specific feature or benefit afforded to You in relation to Your Member Account, including without limitation in respect of any Virtual Items, if it believes You have breached these Terms of Use or any other agreements You may have with Eleventh Hour Games or for any other reason whatsoever. In such event You agree that Eleventh Hour Games will not be required to provide You with prior notice or explanation in respect of such action. Notwithstanding the cancellation of access to Your Member Account in any case, You agree You will remain fully liable for any outstanding liability owed to Eleventh Hour Games. Eleventh Hour Games may also, where it believes such action is necessary, without notice block IP addresses of any users who have breached the Terms of Use.
Purchases.
All purchases of products and services from Eleventh Hour Games (including, without limitation, purchases of Last Epoch and Cosmetic Points [as defined below]) are final and non-refundable, except as otherwise provided for under the Terms of Use, term of sale, or under applicable law. By purchasing any product or service from Eleventh Hour Games, You represent and warrant that You have the authority and right to use the payment method selected by You and that such payment method has sufficient credit or funds available to complete the purchase. Eleventh Hour Games expressly reserves the right to close any account with unauthorized charges.
Cosmetic Points and Virtual Items.
Last Epoch permits the purchase of virtual currency ("Cosmetic Points") and use of those Cosmetic Points to purchase certain goods and services, including, without limitation, Virtual Items. The purchase of Cosmetic Points grants You only a limited, nontransferable non-sublicensable, revocable license to use such Cosmetic Points to access and purchase Virtual Items in connection with Your personal, noncommercial use of the Services. You acknowledge that You do not acquire any ownership rights in or to the Virtual Items and/or Cosmetic Points; any balance of Virtual Items and/or Cosmetic Points does not reflect any stored value and You agree that Virtual Items and Cosmetic Points have no monetary value and do not constitute currency or property of any type. Cosmetic Points may be redeemed only for Virtual Items and can never be sold, transferred, or exchanged for "real" money, "real" goods, or "real" services. You agree that You will only obtain Cosmetic Points and/or Virtual Items from Eleventh Hour Games and through means provided by Eleventh Hour Games, and not from any third party unless expressly authorized. Once You acquire a license to Cosmetic Points and/or Virtual Items, You may not transfer them to another individual, entity, or account. Any such sale, transfer, or exchange (or attempt to do so) is prohibited, is a violation of these Terms of Use and may result in cancellation of such Cosmetic Points and/or Virtual Items or the termination of Your Member Account. As set forth below, all Cosmetic Points and/or Virtual Items are provided "as is," without any warranty. You agree that all sales of Cosmetic Points and/or Virtual Items are final and that Eleventh Hour Games will not permit exchanges or refunds for any unused Cosmetic Points and/or Virtual Items once the transaction has been made. Eleventh Hour Games reserves the right to offer, modify, eliminate, and/or terminate Cosmetic Points, Virtual Items, and/or the Services, or any portion thereof, at any time, without notice or liability to You. You must have an active Member Account in order to purchase Cosmetic Points. Eleventh Hour Games reserves the right to provide Cosmetic Points at no charge to any users of any of the Website, Materials, and/or Services on such terms and conditions as Eleventh Hour Games at its sole discretion deems appropriate.
Cosmetic Points Cost and Payment.
The cost of any Cosmetic Points and/or Virtual Item or any specific quantity of Cosmetic Points will be as specified by Eleventh Hour Games at its sole discretion from time to time. Any Cosmetic Points available for purchase may only be purchased by such means and in accordance with any further conditions as Eleventh Hour Games at its sole discretion may specify. Except as otherwise provided under the Terms of Use, Eleventh Hour Games will provide a refund if requested through support@lastepochgame.com for up to 48 hours after such transaction. Cosmetic Points and/or Virtual Item may only be purchased and held by legal residents of countries where access to and use of the Services are permitted. If you live in the European Union, you have certain rights to withdraw from online purchases. However, once You download Cosmetic Points and/or Virtual Items, Your right of withdrawal ends. You agree that (a) purchase of Cosmetic Points and/or Virtual Item involves immediate download of such content; and (b) You lose your right of withdrawal once Your purchase is complete.
Cosmetic Points Cancellation.
Eleventh Hour Games reserves the right at any time without notice to cancel any Cosmetic Points previously acquired by You, as Eleventh Hour Games at its sole discretion deems appropriate. In addition, in the event of the cancellation of Your Member Account any unused Cosmetic Points You currently hold will automatically be deemed to also be cancelled. To the greatest extent permitted by law Eleventh Hour Games will have no further liability to You with regard to any cancelled Cosmetic Points including with respect to any obligation to refund to You the purchase price paid for such Cosmetic Points.
Privacy Policy
This privacy policy provides a comprehensive description of how Eleventh Hour Games collects, uses, and shares information about you as well as your rights and choices regarding such information. It applies to www.lastepoch.com ("Website") as well as any online location that links to or makes this Privacy Policy available to you ("Service").
By using the Service, you agree to our Terms of Use and to our collection, use and disclosure practices, and other activities as described in this Privacy Policy. If you do not agree, discontinue use of the Service.
If you have any questions or wish to exercise your rights and choices, please contact us as set out in the "Contact Us" section. If you are a Nevada resident, California resident, or data subject in Europe or the UK, please see the additional disclosures at the end of this Privacy Policy.
1. Collecting Information.
1. A. Information You Provide.
Whenever You access or make use of any of the Website or Services, Eleventh Hour Games may, as applicable, collect information from You. The categories of information we collect, and have collected in the past 12 months, include:
- Contact Data, including your email address.
- Account Credentials, including your username, password, and information for authentication and account access.
- Demographic Data, including your date of birth and country.
- Billing Data, including** your payment instrument number (such as a credit or debit card number), expiration date, and security code as necessary to process your payments.
- Profile Data, including your interests, inferences, preferences and favorites.
- Content, including content within any messages you send to us (such as feedback and questions to customer support) or publicly post on the Service (such as in product reviews or blog comments). We also collect content within any messages you exchange with other users through the Service (such as if you post to our forums).
You may choose to voluntarily provide other information to us that we do not request, and, in such instances, you are solely responsible for such information.
1. B. Information Collected Automatically.
Where possible, information will be obtained directly from You. However, You acknowledge that by accessing or making use of any of the Website or Services, information may also be collected from You automatically as a result of the function of the Website or Services and the underlying systems and software. The categories of information we automatically collect, and have collected in the past 12 months, include:
- Service Use Data, including data about features you use, pages you visit, emails and advertisements you view, products and services you view and purchase, the date and time of day you browse, and your referring and exiting pages.
- Device Data, including data about the type of device or browser you use, your device's operating software, your internet service provider, your browser and any search engine used by You, Your device's regional and language settings, and device identifiers such as IP address and Ad Id, and telemetry details.
- Location Data, including imprecise location data (such as location derived from an IP address or data that indicates a city or postal code level).
- Crash Report Data, including a reference to Your member account, a portion of the memory state of the Last Epoch game You were playing when the crash occurred and the game settings You were using.
The types of tracking technologies we use to automatically collect information include:
- Log Files, which are files that record events that occur in connection with your use of the Service.
- Cookies, which are alphanumeric identifiers which are transferred to Your computer's hard drive through Your web browser to enable Eleventh Hour Games to recognize You whenever You access the Website and therefore better personalize Your access to and use of the Website and Services. A cookie does not identify You personally but it does identify Your computer. The help portion of Your browser's toolbar should tell You how to prevent Your browser from accepting new cookies, how to have the browser notify You when You receive a new cookie, or how to disable cookies altogether. You should note however that if You do not allow the use of cookies or do not wish to provide certain information to Eleventh Hour Games, You may not be able to take full advantage of the Website and Services.
- Pixels (also known as web beacons), which is code** embedded in a website, video, email, or advertisement that sends information about your use to a server. There are various types of pixels, including image pixels (which are small graphic images) and JavaScript pixels (which contains JavaScript code). When you access a website, video, email, or advertisement that contains a pixel, the pixel may permit us or a separate entity to drop or read cookies on your browser. Pixels are used in combination with cookies to track activity by a particular browser on a particular device. We may incorporate pixels from separate entities, including Facebook, that allow us to track our conversions, bring you advertising both on and off the Service, and provide you with additional functionality, such as the ability to connect our Service with your social media account.
- Device Fingerprinting, which is the process of analyzing and combining sets of data elements from your device's browser, such as JavaScript objects and installed fonts, to create a "fingerprint" of your device and uniquely identify your browser and device.
- App Technologies, which are technologies included in our apps that are not browser-based like cookies and cannot be controlled by browser settings. For example, our apps may include SDKs, which is code that sends information about your use to a server, for instance through the Facebook SDK. These SDKs allow us to track our conversions, bring you advertising both on and off the Service, and provide you with additional functionality, such as the ability to connect our Service with your social media account.
- Location-Identifying Technologies, which are technologies used to collect your location. For example, GPS, WiFi, and Bluetooth may be used to collect precise location data when you consent to precise location tracking through our apps. Location data may be used for purposes such as verifying your device's location and delivering or restricting relevant content and advertising based on that location.
For further information on how we use tracking technologies for analytics and advertising, and your rights and choices regarding them, see the "Analytics and Advertising" and "Your Rights and Choices" sections below.
1. C. Information from Other Sources.
We also collect information from other sources. The categories of sources from which we collect information include:
- Data Brokers from which we purchase data to supplement the data we collect.
- Social networks with which you interact.
- Partners that offer co-branded services, sell or distribute our products, such as Steam, or engage in joint marketing activities.
- Publicly-available sources, including data in the public domain.
2. Use of Information.
Eleventh Hour Games collects and uses the information provided by You or generated by Your accessing or making use of any of the Website or Services for business and commercial purposes in accordance with the practices described in this Privacy Policy. Our purposes for collecting and using information, and for which we have collected and used information in the past 12 months, include:- Operating, managing, and improving the Services Eleventh Hour Games provides to You in relation to any of the Website or Services.
- Performing services requested by you, such as responding to your comments, questions, and requests, and providing customer service.
- Sending you technical notices, updates, security alerts, information regarding changes to our policies, and support and administrative messages.
- Preventing and addressing fraud, breach of policies or terms, and threats or harm.
- Monitoring and analyzing trends, usage, and activities.
- Conducting research, including focus groups and surveys.
- Improving the Service and other Company websites, apps, marketing efforts, products and services.
- Developing and sending advertising, direct marketing, and communications about our and other entities products, offers, promotions, rewards, events, and services.
- Conducting promotions, including verifying your eligibility and delivering prizes in connection with your entries.
- Fulfilling any other purpose at your direction.
Notwithstanding the above, we may use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law. For information on your rights and choices regarding how we use information about you, please see the "Your Rights and Choices" section below.
3. Disclosing Information.
You also agree that Eleventh Hour Games is entitled to disclose information it holds about You in accordance with the practices described in this Privacy Policy. The categories of parties with whom we share information, and have shared information with in the past 12 months, include:- Service Providers. We share information with service providers that process information on our behalf. Service providers assist us with services such as payment processing, data analytics, marketing and advertising, website hosting, and technical support. We may permit our service providers to use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law.
- Vendors and Other Parties. We share information with vendors and other parties for analytics and advertising related purposes. These parties may act as our service providers, or in certain contexts, independently decide how to process your information. For more information on advertising and analytics, see the "Analytics and Advertising" section below.
- Affiliates. We share information with our affiliates and related entities, including where they act as our service providers or for their own internal purposes.
- Partners. We share information with our partners in connection with offering co-branded services, selling or distributing our products, or engaging in joint marketing activities.
- Promotions. Our promotions may be jointly sponsored or offered by other parties. When you voluntarily enter a promotion, we share information as set out in the official rules that govern the promotion as well as for administrative purposes and as required by law (e.g., on a winners list). By entering a promotion, you agree to the official rules that govern that promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other entities to use your name, voice and/or likeness in advertising or marketing materials.
- Public Forums. We share information you make public through the Service, such as information in your profile or that you post on public boards. Please think carefully before making information public as you are solely responsible for any information you make public. Once you have posted information, you may not be able to edit or delete such information, subject to additional rights set out in the "Your Rights and Choices" section below.
- Merger or Acquisition. We share information in connection with, or during negotiations of, any proposed or actual merger, purchase, sale or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another business.
- Security and Compelled Disclosure. We share information to comply with the law or other legal process, and where required, in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We also share information to protect the rights, property, life, health, security and safety of us, the Service or anyone else.
- Facilitating Requests. We share information at your request or direction.
- Consent. We share information with notice to you and your consent.
4. Other Parties.
We offer parts of our Service through websites, platforms, and services operated or controlled by other parties. In addition, we integrate technologies operated or controlled by other parties into parts of our Service. For example, we may offer you the ability to link your Last Epoch account to another service in order to retrieve certain data about your account on that service. For example, if you link your account to a gaming platform such as Steam or Twitch, the linking may allow us to obtain information such as your gaming username, email address, photo, game performance, and high scores. For more information about how these platforms handle information about you, please refer to their respective privacy policies and terms of use.
Please note that when you interact with other parties, including when you leave our Service, those parties may independently collect information about you and solicit information from you. The information collected and stored by those parties remains subject to their own policies and practices, including what information they share with us, your rights and choices on their services and devices, and whether they store information in the U.S. or elsewhere. We encourage you to familiarize yourself with and consult their privacy policies and terms of use.
5. Analytics and Advertising.
We use analytics services, such as Google Analytics, to help us understand how users access and use the Service. In addition, we work with agencies, advertisers, ad networks, and other technology services to place ads about our products and services on other websites and services. For example, we place ads through Google and Facebook that you may view on their platforms as well as on other websites and services. As part of this process, we may incorporate tracking technologies into our own Service (including our website and emails) as well as into our ads displayed on other websites and services. Some of these tracking technologies may track your activities across time and services for purposes of associating the different devices you use, and delivering relevant ads and/or other content to you ("Interest-based Advertising").
As indicated above, vendors and other parties may act as our service providers, or in certain contexts, independently decide how to process your information. We encourage you to familiarize yourself with and consult their privacy policies and terms of use.
For further information on the types of tracking technologies we use on the Service and your rights and choices regarding analytics, Interest-based Advertising, and Matched Ads, please see the "Information Collected Automatically" and "Your Rights and Choices" sections.
6. Your Rights and Choices.
6. A. Account Information.You may access, update, or remove certain information that you have provided to us through your account by visiting your account settings. Please note that we will retain and use information about you as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. If you are a California resident or a data subject in Europe, please see the additional disclosures at the end of this Privacy Policy.
6. B. Tracking Technology Choices.
- Cookies and Pixels. Most browsers accept cookies by default. You can instruct your browser, by changing its settings, to decline or delete cookies. If you use multiple browsers on your device, you will need to instruct each browser separately. Your ability to limit cookies is subject to your browser settings and limitations.
- Do Not Track. Your browser settings may allow you to automatically transmit a "Do Not Track" signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to "Do Not Track" signals. For more information on "Do Not Track" visit http://www.allaboutdnt.com.
Please be aware that if you disable or remove tracking technologies some parts of the Service may not function correctly.
6. C. Analytics and Interest-Based Advertising.
Google provides tools to allow you to opt out of the use of certain information collected by Google Analytics at https://tools.google.com/dlpage/gaoptout and by Google Analytics for Display Advertising or the Google Display Network at https://www.google.com/settings/ads/onweb/ .
The companies we work with to provide you with targeted ads are required by us to give you the choice to opt out of receiving targeted ads. Most of these companies are participants of the Digital Advertising Alliance ("DAA") and/or the Network Advertising Initiative ("NAI"). To learn more about the targeted ads provided by these companies, and how to opt out of receiving certain targeted ads from them, please visit: (i) for website targeted ads from DAA participants, https://www.aboutads.info/choices; (ii) for app targeted ads from DAA participants, https://www.aboutads.info/appchoices; and (iii) for targeted ads from NAI participants, https://www.networkadvertising.org/choices/. Opting out only means that the selected participants should no longer deliver certain targeted ads to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., in connection with the participants other customers or from other technology services).
To opt out of us sharing your data with a third party as part of a customer list for Matched Ads, please contact us as set forth in the "Contact Us" section below and specify that you wish to opt out of Matched Ads. We will remove your data from any subsequent lists shared with third parties for Matched Ads. Alternatively, you may directly contact the applicable party to opt out.
You may also limit our use of information collected from or about your mobile device for purposes of serving targeted ads to you by going to your device settings and selecting "Limit Ad Tracking" (for iOS devices) or "Opt out of Interest-Based Ads" (for Android devices).
Please note that if you opt out using any of these methods, the opt out will only apply to the specific browser or device from which you opt out. We are not responsible for the effectiveness of, or compliance with, any opt out options or programs, or the accuracy of any other entities' statements regarding their opt out options or programs.
6. D. Communications.
You can opt-out of receiving promotional emails from us at any time by following the instructions as provided in emails to click on the unsubscribe link, or emailing us at the email address set out in the "Contact Us" section below with the word UNSUBSCRIBE in the subject field of the email. Please note that you cannot opt-out of non-promotional emails, such as those about your account, transactions, servicing, or our ongoing business relations.
Please note that your opt out is limited to the email address, device, and phone number used and will not affect subsequent subscriptions.
6. E. Unlinking Your Accounts.
If you have linked your Last Epoch account with certain other services, such as Steam or Twitch, you may unlink your accounts at any time by visiting support.lastepoch.com and submitting a ticket. Please note that unlinking your accounts will not affect any information previously shared through the linking. Eleventh Hour Games is not responsible for the data practices of any other entities, and we recommend that you carefully review their privacy policies and terms of use.
7. Data Transmission and Security.
We implement and maintain reasonable administrative, physical, and technical security safeguards to help protect information about you from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure and we do not warrant and cannot ensure complete security of any information which You transmit to us. Accordingly, any information which You transmit to us is transmitted at Your own risk. 8. Age Restrictions.
The Website, and Services are intended for general audiences and are not directed to children under the age of thirteen (13). We do not knowingly collect personal information (as defined by the U.S. Children's Privacy Protection Act or "COPPA") from children. If you are a parent or guardian and believe that a minor has provided Eleventh Hour Games with personal information without parental consent, please contact us immediately at support@eleventhhour.games. We will remove the personal information in accordance with COPPA. We do not knowingly "sell," as that term is defined under the CCPA, the personal information of minors under 16 years old who are California residents. If you are a California resident under 18 years old and registered to use the Service, you can ask us to remove any content or information you have posted on the Service. To make a request, email us at the email address set out in "Contact Us" section with "California Under 18 Content Removal Request" in the subject line, and tell us what you want removed. We will make reasonable good faith efforts to remove the post from prospective public view, although we cannot ensure the complete or comprehensive removal of the content and may retain the content as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
9. International Transfer.
We are based in the U.S. and the information we collect is governed by U.S. law. If you are accessing the Service from outside of the U.S., please be aware that information collected through the Service may be transferred to, processed, stored, and used in the U.S. and other jurisdictions. Data protection laws in the U.S. and other jurisdictions may be different from those of your country of residence. Your use of the Service or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of information about you in the U.S. and other jurisdictions as set out in this Privacy Policy. For personal data transferred from the European Union, United Kingdom, or Switzerland, we will provide appropriate safeguards, such as through use of standard contractual clauses.10. Changes to this Privacy Policy.
We reserve the right to revise and reissue this Privacy Policy at any time. Any changes will be effective immediately upon posting of the revised Privacy Policy. Your continued use of our Service indicates your consent to the Privacy Policy then posted. If the changes are material, we may provide you additional notice to your email address. 11. Contact Us.
If you have any questions or comments about this Privacy Policy, our data practices, or our compliance with applicable law, please contact us:By email:
support@eleventhhour.games
This Privacy Policy has been designed to be accessible to people with disabilities. If you experience any difficulties accessing the information here, please contact us at support@eleventhhour.games
12. Additional Disclosures for Nevada Residents.
Nevada law (NRS 603A.340) requires each business to establish a designated request address where Nevada consumers may submit requests directing the business not to sell certain kinds of personal information that the business has collected or will collect about the consumer. A sale under Nevada law is the exchange of personal information for monetary consideration by the business to a third party for the third party to license or sell the personal information to other third parties. If you are a Nevada consumer and wish to submit a request relating to our compliance with Nevada law, please contact us at support@eleventhhour.games.13. Additional Disclosures for California Residents.
These additional disclosures apply only to California residents. The California Consumer Privacy Act of 2018 ("CCPA") provides additional rights to know, delete and opt-out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise rights. 13. A. Notice of Collection.
In the past 12 months, we have collected the following categories of personal information, as described in the CCPA:
- Identifiers, including name, email address, and online identifiers (such as IP address).
- Customer records, including phone number, billing address, and credit or debit card information.
- Commercial or transactions information, including records of products or services purchased, obtained, or considered.
- Internet activity, including browsing history, search history, and interactions with a website, email, application, or advertisement.
- Geolocation data.
- Inferences drawn from the above information about your predicted characteristics and preferences.
For further details on information we collect, including the sources from which we receive information, review the "Information Collection" section above. We collect and use these categories of personal information for the business purposes described in the "Use of Information" section above, including to manage our Service.
Under the CCPA, "sell" is defined broadly, and some of our data sharing practices may be considered a "sale."
To the extent "sale" under the CCPA is interpreted to include the activities set out in this Privacy Policy, such as those disclosed in the "Analytics and Advertising" section above, we will comply with applicable law as to such activity. We disclose the following categories of personal information for commercial purposes: identifiers, characteristics, commercial or transactions information, internet activity, geolocation data, and inferences drawn. Please review the "Sharing of Information" section above for further details about the categories of parties with whom we share information.
13. B. Right to Know and Delete.
You have the right to know certain details about our data practices in the past 12 months. In particular, you may request the following from us:
- The categories of personal information we have collected about you;
- The categories of sources from which the personal information was collected;
- The categories of personal information about you we disclosed for a business purpose or sold;
- The categories of third parties to whom the personal information was disclosed for a business purpose or sold;
- The business or commercial purpose for collecting or selling the personal information; and
- The specific pieces of personal information we have collected about you.
In addition, you have the right to delete the personal information we have collected from you.
To exercise any of these rights, please submit a request through our support site at support.lastepoch.com or email us at support@eleventhhour.games. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.
13. C. Right to Opt-Out.
To the extent Eleventh Hour Games sells your personal information as the term "sell" is defined under the CCPA, you have the right to opt-out of the sale of your personal information by us to third parties at any time. You may submit a request to opt-out by clicking Do Not Sell My Personal Information and submitting a request form or by emailing us at support@eleventhhour.games
We participate in the IAB CCPA Compliance Framework for Publishers & Technology Companies ("IAB Framework"). This means that where you exercise your right to opt-out of the sale your personal information by clicking Do Not Sell My Personal Information, to the extent we sell your personal information in order to deliver ads tailored to your interests, we will notify downstream participants of the IAB Framework that receive personal information about you to only use your personal information for those specific and limited purposes that are permitted under the IAB Framework.
Please note that the scope of the IAB Framework opt-out may only apply to personal information from the specific browser or device from which you opt-out. In addition, exercising your right to opt-out of the sale of your personal information does not mean that you will stop seeing ads or that you will stop seeing interest-based ads. To learn more about interest-based advertising across sites and additional opt-out choices, please see the "Advertising and Analytics" and "Your Rights and Choices" sections above and the links set forth therein. Where you opt-out of the sale for purposes of the CCPA, but do not opt-out of interest-based advertising more generally, you may continue to receive ads tailored to your interests based upon personal information not sold by us, sold to other IAB participants at least 90 days before you opted out, or sold by other sources from which you have not opted out. We are not responsible for any downstream participants' compliance with the IAB Framework or the accuracy of their privacy policies or statements regarding their opt-out options or programs.
13. D. Authorized Agent.
You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent's permission to do so and verify your identity directly.
13. E. Right to Non-Discrimination.
You have the right not to receive discriminatory treatment by us for the exercise of any your rights.
13. F. Shine the Light
Customers who are residents of California may request (i) a list of the categories of personal information disclosed by us to third parties during the immediately preceding calendar year for those third parties own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information. To exercise a request, please write us at the email or postal address set out in "Contact Us" above and specify that you are making a "California Shine the Light Request." We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.
14. Additional Disclosures for Data Subjects in Europe.
14. A. Roles.Data protection laws in Europe distinguish between organizations that process personal data for their own purposes (known as "controllers") and organizations that process personal data on behalf of other organizations (known as "processors"). Eleventh Hour Games acts as a controller with respect to personal data collected as you interact with our websites, emails, and advertisements.
14. B. Lawful Basis for Processing.
Data protection laws in Europe require a "lawful basis" for processing personal data. Our lawful bases include where: (a) you have given consent to the processing for one or more specific purposes, either to us or to our service providers or partners; (b) processing is necessary for the performance of a contract with you; (c) processing is necessary for compliance with a legal obligation; or (d) processing is necessary for the purposes of the legitimate interests pursued by us or a third party, and your interests and fundamental rights and freedoms do not override those interests. Where applicable, we will transfer your personal data to third countries subject to appropriate or suitable safeguards, such as standard contractual clauses and Privacy Shield discussed below.
14. C. Your Data Subject Rights.
You have the right to access, rectify, or erase any personal data we have collected about you. You also have the right to data portability and the right to restrict or object to our processing of personal data we have collected about you. In addition, you have the right to ask us not to process your personal data (or provide it to third parties to process) for marketing purposes or purposes materially different than for which it was originally collected or subsequently authorized by you. You may withdraw your consent at any time for any data processing we do based on consent you have provided to us.
To exercise any of these rights, please contact us as set out in the "Contact Us" section above and specify which right you are seeking to exercise. We will respond to your request within 30 days. We may require specific information from you to help us confirm your identity and process your request.
Please note that we retain information as necessary to fulfil the purposes for which it was collected, and may continue to retain and use information even after a data subject request for purposes of our legitimate interests, including as necessary to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements.
You have the right to lodge a complaint with the data protection regulator in your jurisdiction.