Terms and Conditions of Use

Content

Last Updated : 13. July 2021

Essential is a third-party modification to the Minecraft® game (commonly referred to as a "Minecraft mod"), which also contains communications functionalities and online marketplace for digital goods for use in the Minecraft® game (defined below as the Store), which together with its commonly owned or operated websites, subdomains, and mobile, tablet, and other smart device applications, and all of their features and content (the "Platform"), is made available by ModCore Inc., doing business as Essential ("Essential"), and all Content (defined below) ordered or provided on or through the Platform may be used solely under the following terms and conditions of use, the policies and terms and conditions of Mojang AB, doing business as Mojang Studios ("Mojang"), that govern the use and enjoyment of the Minecraft® game available at https://account.mojang.com/terms (collectively, as updated and amended from time to time, the "Minecraft Terms"), and all other terms and conditions or documents incorporated by reference herein, including, without limitation, Essential's Privacy Policy available at https://essential.gg/privacy-policy (the "Privacy Policy"), which collectively constitutes a legally binding agreement relating to the use of the Platform and the services provided therein, including the Content (as amended from time to time, these "Terms of Use"), between Essential and each individual, corporation, limited liability company, partnership, association, or other entity or party (each, a "Person") that visits or uses the Platform (collectively, "Users ," and each, a "User", "you" or "your").

YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO USE THE PLATFORM OR, IF YOU ARE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18), YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN'S PERMISSION TO USE THE PLATFORM AND YOU REPRESENT AND WARRANT YOU HAVE OBTAINED SUCH PERMISSION.

YOUR USE OF THE PLATFORM AND THE SERVICES OFFERED AND CONTENT CONTAINED THEREIN CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.

By using the Platform, you are deemed to have accepted, executed, and be bound by the terms of these Terms of Use. Essential may change or amend these Terms of Use at any time at its sole discretion. If Essential makes a material change or amendment to these Terms of Use, it will notify Users thereof by posting such changes or amendments on the Platform, which changes or amendments will be effective automatically upon the posting thereof. You agree that all agreements, notices, disclosures, and other communications Essential provides to you electronically satisfy any legal requirement that such communications be in writing. IF ANY OF THESE TERMS OF USE OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE TO USE THE PLATFORM OR THE CONTENT. YOUR CONTINUED USE OF THE PLATFORM OR THE CONTENT FOLLOWING THE POSTING OF ANY NOTICE OF ANY CHANGE TO THESE TERMS OF USE SHALL CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO SUCH CHANGE.

Privacy

Your privacy is very important to Essential. Please review the Privacy Policy to understand how Essential collects, processes, and stores information that you provide us, including personally identifiable information about yourself ("Personal Information"), when you use the Platform or create a Platform Account (an "Account") as further described in the Privacy Policy, which is incorporated by reference into these Terms of Use and also governs your use of the Platform. Likewise, you represent and warrant that you will respect the privacy, property, and data protection rights of Users.

Platform License

Essential hereby grants you a limited, non-exclusive, revocable, royalty-free, non-transferable, non-assignable, non-sublicenseable right and license to access and make personal use of the Platform and Content solely permitted by the tools, products, services, functionalities, and/or features of the Platform, or as expressly permitted by Essential in connection with your use of the Platform and as provided herein, subject in all respects to these Terms of Use, and not for redistribution of any kind (the "Platform License"). The Platform License does not include the right or license to any resale or commercial use of (i) the Platform, (ii) content, materials, information, text, data, copyrights, designs, insignia, images, photos, articles, stories, artwork, videos, pictures, musical compositions, sound recordings, screenshots, chats, posts, graphics, identifying marks, Platform pages, software, Cosmetics (defined below), and other original works of authorship, and/or intellectual property (collectively, "Content") uploaded to, or incorporated into, the Platform by Essential, (iii) any Registration Data (defined below), or (iv) any trademarks, service marks, design marks, logos, slogans, trade dress, insignia, and other brand features (collectively, "Trademarks") of Essential or any third-party Person or products or services used or displayed on or through the Platform or in collateral materials thereto (collectively, "Platform Content"), which is and shall remain the sole and exclusive property of Essential or the applicable third-party Person from whom Essential obtained the right or license to use such Platform Content.

You specifically acknowledge and agree that all Trademarks of Essential or any third-party Person or products or services used or displayed on or through the Platform are owned (whether registered or unregistered) by Essential or the applicable third-party licensor/owner thereof, and nothing on the Platform or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any right or license to use such Trademarks. All goodwill generated from the use of such Trademarks inures to the benefit of the applicable owner thereof.

As between you and Essential, Essential retains all right, title, and interest in and to the Platform, throughout the world, in perpetuity, including, without limitation, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the Platform, (iii) all other materials and content uploaded or incorporated into the Platform, including, without limitation, all Platform Content (but excluding User Content, which is owned by the applicable User, but which Essential has a right and license to use pursuant to these Terms of Use), and (iv) all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world, and the coordination, selection, arrangement and enhancement of such associated trade secret rights and other intellectual property and proprietary rights as a collective work under the U.S. Copyright Act of 1976, as amended (collectively, "Platform IP"), and nothing contained herein shall be construed as creating or granting you any right, title, or interest in and to such Platform IP other than the Platform License granted herein. Platform IP is protected in all forms, media, and technologies now known or hereinafter developed by state, federal, and international laws of copyright, trademarks, patents, and other intellectual property and proprietary rights.

Violation of the Platform License may result in infringement of intellectual property and contractual rights of Essential, other Users, or other Persons, which is prohibited by law and could result in substantial civil and criminal penalties.

User Content

Unless otherwise provided in a separate written agreement between you and Essential, you retain all right, title, and interest in and to any Content that you submit, upload, post, or transmit in or to the Platform ("User Content"); provided, you hereby grant to Essential a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferrable, assignable, sublicensable (through multiple tiers) right and license to exercise all copyright, privacy and publicity rights, and any other rights you have in such User Content in any media now known or not currently known in order to operate, perform, promote, advertise, market, and improve upon the Platform (the "User Content License"), which is without any payment, permission, or notification due from Essential to you or any other Person. The User Content License includes the right and license for Essential to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform, and sublicense User Content in any form, medium, or technology now known or hereafter developed. By submitting, uploading, posting, or transmitting User Content in or to the Platform, you acknowledge and agree that Essential may create on its own ideas that may be similar or identical to your User Content. You agree that you shall have no recourse against Essential for any alleged or actual infringement or misappropriation of any proprietary or other right in or related to the User Content. You acknowledge and agree that your submitting, uploading, posting, or transmitting of User Content in or to the Platform does not create any new or alter any existing relationship between you and Essential.

You certify and warrant that your User Content is your original work or that the owner of such works has expressly granted to you or to Essential sufficient rights or license in order for you to grant the User Content License therein, which you represent and warrant does not violate and will not violate applicable law, the Minecraft Terms, or the rights of any Person, including, without limitation, any right of publicity, right of privacy, copyright, patent, trademark, or other intellectual property right or any proprietary right.

You are strictly prohibited from submitting, uploading, posting, or transmitting in or to the Platform or providing to Essential directly any User Content that is considered protected health information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). You are also strictly prohibited from providing Essential with any "sensitive information," (which includes, for example, Personal Information (defined below) specifying medical or health conditions, racial or ethnic origin, or trade union membership) and, should Essential discover that you have done so, Essential will remove it immediately and reserves the right to ban you from the Platform. None of the foregoing shall obligate Essential to actively screen the User Content that you submit, upload, post, or transmit in or to the Platform or to Essential directly.

You may remove your User Content from the Platform at any time and, in such case, Essential will cease using that particular User Content but (i) Essential may not be able to control uses of your User Content by other Users and will not be liable for any use of such User Content by any third-party Person and (ii) Essential may maintain a copy of removed User Content for archival and legal purposes.

Nothing on the Platform or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any right or license to use the User Content of any other User, including, without limitation, in Interactive Areas (defined below), which User Content is and shall remain the sole and exclusive property of the applicable User, subject to the rights and licenses granted to Essential herein.

You acknowledge and agree that Essential may establish general practices and limits concerning use of the Platform or Content. You agree that Essential has no responsibility or liability for the blocking, deletion, or failure to store any User Content maintained or transmitted by the Platform. You further acknowledge that Essential reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice to you.

Interactive Areas

The Platform contains interactive areas where Users can submit, upload, post, or transmit their own User Content, including directed at other Users (the "Interactive Areas"). You acknowledge and agree that submissions of User Content to Interactive Areas may be publicly available to other Users or, in certain cases, specific other Users, and that you will be publicly identified by your real name or screen name/player profile (i.e., Minecraft Unique User Identifier ("Minecraft UUID")) when communicating in Interactive Areas, and Essential will not be responsible for the action of any Users with respect to any information or materials posted in Interactive Areas. Your User Content shall be accompanied by your real name or screen name/player profile/Minecraft UUID and shall not be posted anonymously. Participants in Interactive Areas shall not misrepresent their identity or their affiliation with any Person. Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Platform or transmit to Essential any User Content that you consider to be confidential or proprietary.

You hereby acknowledge and agree that Essential does not actively monitor or police the Interactive Areas or specific interactions between Users (and has no obligation to do so) and you hereby disclaim and hold Essential harmless from and against any and all liability resulting from any User's interaction with, conduct towards, or transmission of User Content to any other User. Notwithstanding the foregoing, Essential reserves the right to determine, at its sole discretion, what constitutes harassment or mischief, and where that has occurred, and may, also at its sole discretion, partially or completely deny, suspend, or terminate access to the Platform to any violating or infringing User.

Digital Millennium Copyright Act

Essential has registered an agent with the United States Copyright Office in accordance with the Digital Millennium Copyright Act (the "DMCA") and avails itself of the protections under the DMCA. Essential reserves the right to remove any Platform IP or User Content that allegedly infringes another party's copyright. Essential will deny, suspend, or terminate access to the Platform, in appropriate circumstances, Users who are repeat infringers of another party's copyright. Notices to Essential regarding any alleged copyright infringement should be directed to Essential via email at contact@essential.gg . This email address is only for reporting suspected copyright infringement. Contact information for other matters is provided elsewhere in these Terms of Use.

Notification of Alleged Copyright Infringement: If any Person believes in good faith that its intellectual property has been used on the Platform in a way that constitutes copyright infringement under applicable law, such Person or its agent (each, a "Copyright Claimant") may provide Essential with a written notice containing the following:

  • The Copyright Claimant's name, address, telephone number, and email address;
  • A description of the copyrighted work that the Copyright Claimant claims has been infringed;
  • A description of where on the Platform the material you claim is infringing may be found, sufficient for Essential to locate the material;
  • A statement that the Copyright Claimant has a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or applicable law;
  • A statement by you under penalty of perjury under applicable law that the information in your notice is accurate and that the Copyright Claimant is the copyright owner or authorized to act on the copyright owner's behalf; and
  • The Copyright Claimant's electronic or physical signature.

U.S. law imposes substantial penalties for falsely submitting a notice of copyright infringement.

Counternotice to Restore User Content Removed for Alleged Copyright Infringement: If a User believes that its User Content has been removed by mistake or misidentification, that User may provide Essential with a written counter-notification containing the following information:

  • The User's name, address, telephone number, and email address;
  • A description of the material that was removed from the Platform;
  • A description of where on the Platform the User Content that was removed previously appeared;
  • A statement that the User has a good faith believe that the material was removed or disabled as a result of a mistake or misidentification;
  • A statement by the User under penalty of perjury under applicable law that the information in your counter-notice is accurate;
  • A statement that the User consents to the jurisdiction of the United States District Court for the judicial district in which your address is located, or if your address is outside of the United States, the United States District Court for Southern District of New York, and that you will accept service of process from the Person who filed the original DMCA notice or an agent of that Person; and
  • The User's electronic or physical signature.

Trademarks

Essential reserves the right to remove any Platform IP or User Content that allegedly infringes a third-party Person's Trademark. Essential will deny, suspend, or terminate access to the Platform, in appropriate circumstances, Users who are repeat infringers of another Person's Trademark. Notices to Essential regarding any alleged Trademark infringement should be directed to Essential via email at contact@essential.gg . This email address is only for reporting suspected Trademark infringement. Contact information for other matters is provided elsewhere in these Terms of Use.

Notification of Alleged Trademark Infringement: If any Person believes in good faith that its registered Trademark has been used on the Platform in a way that constitutes Trademark infringement under applicable law, such Person or its agent (each, a "Trademark Claimant") may provide Essential with a written notice containing the following:

  • The Trademark Claimant's name, address, telephone number, and email address;
  • The registration number of the Trademark, jurisdiction(s) of registration, and categories of goods and/or services covered by such registration;
  • A description of where on the Platform the allegedly infringing Platform IP or User Content may be found, sufficient for Essential to locate the material;
  • A statement that the Trademark Claimant has a good faith belief that the use of the registered Trademark is not authorized by the owner, registrant, or licensee thereof or their respective agents, or applicable law;
  • A statement by the Trademark Claimant under penalty of perjury under applicable law that the information in your notice is accurate and that the Trademark Claimant is the Trademark owner, registrant, or licensee or authorized to act on their behalf; and
  • The Trademark Claimant's electronic or physical signature.

No Appeal to Restore User Content Removed for Alleged Trademark Infringement: If Essential removes any User Content because of a Trademark infringement report, the applicable User will receive a notification from Essential that includes the name and email address of the rights holder who made the report and/or the details of the report. If such User believes the User Content should not have been removed, that User can follow up with the rights holder (i.e., the Trademark Claimant) directly to try to resolve the issue. Essential does not provide a counter-notice or appeal mechanisms for claims of Trademark infringement and disclaims any liability for claims any User might make regarding mistaken or misidentified Trademark infringement notice and takedown requests.

Limitations on Platform Use

You are solely responsible for all of your interactions with the Platform and other Users on or through the Platform, including, without limitation, your participation in Interactive Areas. In your interactions with other Users, you agree to conduct yourself professionally, civilly, and respectfully at all times.

The Platform and Platform IP, and any User Content belonging to another User, may not be used, modified, reproduced, duplicated, copied, published, distributed, downloaded, sold, resold, transformed, redesigned, reconfigured, retransmitted, or otherwise exploited by you for any purpose except as facilitated by the Platform's functionalities or without express prior written consent of Essential, or in the case of another User's User Content, the applicable User.

With limiting the foregoing, while using the Platform, you may not:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of Essential or other Users, or use information learned from the Platform, Platform Content, or User Content to otherwise defame, abuse, harass, stalk, threaten, intimidate, or mislead, or otherwise violate the legal rights of Essential or any other User outside of the Platform;
  • Submit, upload, post, or transmit User Content in or to the Platform or otherwise utilize Interactive Areas to communicate or distribute information that is defamatory, profane, infringing, obscene, unlawful, offensive, and/or harmful, including, but not limited to, content that advocates, endorses, condones, or promotes racism, bigotry, hatred, or physical harm of any kind against any individual or group of individuals, or that provides materials or access to materials that exploit people, including other Users, under the age of eighteen (18) in an abusive, violent, or sexual manner;
  • Use the Platform or Content for any purpose in violation of applicable local, state, federal, or international law or regulation or the Minecraft Terms;
  • Use or otherwise export or re-export the Platform or any portion thereof or the Platform IP or User Content in violation of the export control laws and regulations of the United States;
  • Submit, upload, post, or transmit User Content that contains software or other material that violate the intellectual property rights (or rights of privacy or publicity) of any Person or for which you have not obtained the necessary rights or permissions to use accordingly;
  • Submit, upload, post, or transmit User Content or files that contain viruses, Trojan horses, corrupted files, malware, spyware, or any other similar software that may damage or infiltrate the operation of any other User's computer;
  • Conduct or forward surveys, contests, pyramid schemes, or chain letters;
  • Impersonate another User or any other Person or knowingly allow any other Person to use your identity (including your Minecraft UUID) or Account to utilize the Platform;
  • Download any file submitted, uploaded, posted, or transmitted by another User that a User knows, or reasonably should know, cannot be legally submitted, uploaded, posted, transmitted, or distributed through the Platform;
  • Restrict or inhibit any other User from using and enjoying the Interactive Areas;
  • Imply or state that any statements you make are endorsed by Essential or any other User without the prior written consent of Essential or such User;
  • Use a robot, spider, manual, and/or automatic processes, or devices to data-mine, data-crawl, scrape, or index the Platform in any manner;
  • Hack or interfere with the Platform or its servers or any connected networks;
  • Adapt, alter, license, sublicense, or translate the Platform or Content for your own personal or commercial use;
  • Decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Platform;
  • Remove or alter, visually or otherwise, any copyrights, Trademarks, or proprietary marks and rights owned by Essential or any third-party licensor/owner thereof;
  • Use the Platform to collect Registration Data of Users by electronic or other means;
  • Use the Platform in a manner which is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Essential's trade secret information for public disclosure or other purposes;
  • Use, transfer, distribute, or dispose of Platform, Platform IP, or User Content in any manner that could compete with the business of Essential;
  • Advertise or offer to sell any goods or services for any commercial purpose through the Platform, or otherwise post commercial advertisements, affiliate links, and other forms of solicitation, which may be removed from the Platform without notice to you at any time, unless otherwise agreed by you and Essential in a separate written agreement;
  • Circumvent, remove, alter, deactivate, degrade, or thwart any content protections in the Platform; or
  • Cause or induce any Person to engage in the restricted activities above.

Essential will automatically terminate the Platform License, deny, suspend, or terminate access to the Platform, and will take appropriate investigative and legal action upon any User's unauthorized or illegal use of the Platform, Platform IP, or User Content.

Unlawful Activity; Termination of Platform Access

Essential reserves the right, in its sole discretion and without notice or liability to you, to investigate complaints or reported violations of the Terms of Use and to take any action Essential deems appropriate, including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-party Persons, or suspending or terminating your use of, or access to, the Platform (either in whole or in part) at any time for any reason with any conditions, including, without limitation, if Essential believes in good faith that you have violated or acted inconsistently with these Terms of Use or any applicable law or the Minecraft Terms, or that you have engaged in conduct that Essential determines, in its sole discretion, to be inappropriate or unacceptable. In connection with the investigation or reporting thereof, Essential reserves the right to disclose any information, including, without limitation, a User's Personal Information and usage of the Platform, as Essential deems necessary or appropriate to law enforcement officials, regulators, or other third-party Persons.

Essential may also deny, suspend, or terminate access to the Platform your access to the Platform if you assert any legal claim or bring any legal action against Essential or assert any legal claim or bring any legal action that involves the Platform. Essential also reserves the right, at Essential's sole discretion, to seek and obtain any other remedies available to Essential pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Use or any other act or omission by you that gives rise to a legal claim or legal action by Essential. In the event your right to use the Platform terminated, limited, or suspended, these Terms of Use will remain in effect and enforceable against you.

You may terminate these Terms of Use at any time by ceasing all use of the Platform and Platform Content; provided, however, that all sections of these Terms of Use which by their nature should survive the expiration or termination shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms of Use.

Third-Party Content and Products

The Platform may include, and provides Users the functionality within Interactive Areas to submit, upload, post, or transmit their own User Content that may include, embedded third-party content or links (such as hyperlinks) to third-party websites, products, or services (including external websites that are framed by the Platform as well as any advertisements displayed in connection therewith) that are not owned or controlled by Essential (collectively, "Third-Party Content"). Third-Party Content is provided as an information service, for Users' reference and convenience only. Essential does not control any such Third-Party Content and is not responsible for their (i) availability or accuracy, (ii) content, advertising, or products or services, or (iii) infringing nature.

Additionally, the Platform may enable Users to purchase certain goods and services from third-party Persons ("Third-Party Products"), in which case Third-Party Terms, and not these Terms of Use, will apply to your use of that third-party merchant's website and purchase of such Third-Party Products.

Inclusion of any Third-Party Content or Third-Party Products on the Platform does not constitute or indicate Essential's endorsement thereof and Essential shall not be liable or responsible for any Third-Party Content transmitted through the Platform or Third-Party Products displayed on the Platform. You shall be subject to any additional terms and conditions of use, guidelines, rules, privacy policies, and other practices applicable to any Third-Party Content that you access through the Platform ("Third-Party Terms"). All such Third-Party Terms are hereby incorporated by reference into these Terms of Use. You acknowledge and agree that Essential will not and cannot censor or edit any Third-Party Content and that you shall assume the sole responsibility for, and risk associated with, your use and/or access of, or interaction with of Third-Party Content, including compliance with the terms and conditions of use, privacy policies, or practices associated therewith. Accordingly, Essential encourages you to be aware when you leave the Platform and to read the terms and conditions of use and privacy policies associated with any Third-Party Content.

By using the Platform, you expressly release and hold Essential harmless from any and all liability arising from your use of any Third-Party Content or purchase of any Third-Party Product, including any Losses (defined below) incurred as a result of any dealings between you and any third-party Persons, or as the result of the presence of such Third-Party Content or Third-Party Product on the Platform or the failure of such Third-Party Content or Third-Party Product to function as intended. It is your responsibility to evaluate the content and usefulness of the information obtained from third-party Persons.

User Accounts

In order to utilize certain full functionalities of the Platform, each User may need to register and create an Account. You agree to create only one (1) unique Account and that you shall be the sole authorized user of your Account. As part of the registration process, Users will be asked to submit certain information, such as your email address, screen name/player profile/Minecraft UUID,and password, and to create an Account login password (collectively, "Registration Data"). You agree that all Registration Data you provide to Essential will be, and remain at all times, true, accurate, current, and complete. Essential may from time to time modify or add to the Registration Data information fields required to create an Account, and you agree to promptly complete any such additional or modified information fields when and as requested by Essential.

Essential will have the right to use your Registration Data in connection with servicing and operating the Platform. You agree to (i) restrict access by any other Person to your Account password or other login information, (ii) not knowingly use the name, Minecraft UUID, or email address of any other Person without authorization to create an Account, (iii) not use an email or screen name/player profile/Minecraft UUID or other Registration Data that is profane, offensive, or otherwise inappropriate, (iv) not allow any third-party Person to use your Account login information, Registration Data, or Account, and (v) notify Essential of any breach of security by promptly sending Essential an email to contact@essential.gg . You agree that you will be liable for all activities that occur under your Account, even if such activities were not committed by you. Essential is not responsible for any Losses as a result of another User or Person using your Account, Registration Data, or password, with or without your knowledge.

Information Relating to Children

The Platform is not directed to children under the ages of thirteen (13), and Essential does not knowingly collect, use, or disclose Personal Information from (i) children under the age of thirteen (13) or (ii) children between the age of thirteen (13) and eighteen (18) (or any other applicable age required to be deemed to have reached the ages of majority under the applicable law of the state or jurisdiction of such child's primary residence) that do not have parental or legal guardian consent to use the Platform. If Essential ever discovers that it has inadvertently collected Personal Information from a child under the age of thirteen (13) on or through the Platform, Essential will delete such Personal Information from our records as soon as possible.

If you are between the ages of thirteen (13) and eighteen (18) (or any other applicable age required to be deemed to have reached the ages of majority under the applicable law of the state or jurisdiction of your primary residence), you may register and become a registered User and maintain an Account on your own as long as you obtain your parent or legal guardian's consent prior to registering, and by continuing to use Essential, you represent and warrant that you have obtained that permission.

If you believe that we have Personal Information about, or have collected Personal Information from, (i) a child under the age of thirteen (13), or (ii) a child between the ages of thirteen (13) and eighteen (18) (or any other applicable age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of such child's primary residence) without parental or legal guardian consent, or that such child is using the Platform, please contact us at contact@essential.gg to report the unauthorized use and registration and Essential will delete such Personal Information from our records as soon as possible and, if applicable, deactivate or delete such child's Account.

Cosmetic Store; Fees and Payments

Through the marketplace functionality within the Platform (the "Store"), Essential makes available certain first-party and third-party cosmetic modifications to the Minecraft® game (commonly referred to as "cosmetics") ("Cosmetics") for purchase by Users who are at least sixteen (16) years old. Each Cosmetic is considered Platform Content and accordingly owned by Essential and, when and as purchased by a User through the Store, licensed to that User in accordance with the terms of the Platform License.

All Cosmetics are virtual and have no value, and cannot be exchanged for real-world currency of any kind. For the avoidance of doubt, Essential's provision of the Store and sale of Cosmetics are subject to the terms and conditions of the Disclaimers section below, including that the Store and Cosmetics are provided to Users on an "as is" basis without express or implied warranties of any kind and that access to the Store and Cosmetics are not guaranteed to be uninterrupted or themselves error-free. If Essential no longer operates or maintains the Platform, the Store, and/or any Cosmetics, then the Cosmetics that a User has purchased through the Store may no longer be operational or serve their intended purpose at the time of purchase and may ultimately be forfeited or lost.

To purchase a Cosmetic through the Store, a User is required to establish an Account and shall pay all fees and charges, including all applicable taxes (including sales and use taxes and VAT), incurred through its Account at the price then-advertised on the listing for such Cosmetic in the Store (which may vary from time to time) when and as charged to the User or its Account by Essential's third-party payment processor, Tebex Limited (the "Payment Processor"), which facilitates all Store transactions through its checkout platform located at https://checkout.tebex.io/. The Payment Processor will detail accepted methods of payment, delivery times, fees and charges (including additional fees associated with, among other things, currency conversions, gateway fees, originator fees), and applicable taxes as part of the checkout process and, when you provide payment information to the Payment Processor, you represent and warrant that you are the authorized user of that method of payment (e.g., a credit card) and authorize the Payment Processor to charge such method of payment. The Payment Processor has complete control over transactions made through the Store and may decline any transaction for any reason it sees fit, including, but not limited to, potential fraudulent activity or your previous interactions with the Payment Processor. The payment information you submit when making a transaction through the Store will be collected and used by the Payment Process in accordance with its privacy polices and as further described in the Privacy Policy.

All transactions made through the Store are final. Refunds are solely at Essential and the Payment Processor's discretion. Refunds will not be issued to any User whose access to the Platform is denied, suspended, or terminated due to a breach of these Terms of Use or any policies of the Payment Processor. Notwithstanding the foregoing, Users who are citizens or residents of the European Economic Area (the "EU Users") and who make purchases through the Store have the legal right of withdrawal on software sales, though content provided digitally, such as a Cosmetic, is excluded from this right once the content is provided to the end-user purchaser. This statutory right of withdrawal ends fourteen (14) days after such EU User purchases or, where the EU User has provided the appropriate consent and acknowledgement, the moment such EU User starts downloading the content and services for the first time, whichever is sooner. The statutory right of withdrawal is not applicable as regards the supply of digital content which is not supplied on a tangible medium if the performance has begun with the EU User's prior express consent and its acknowledgment that the EU User thereby loses its right of withdrawal. To exercise the right of withdrawal, an EU User must inform the Payment Processor of its decision in writing by email at https://www.tebex.io/contact/checkout to withdraw from the purchase by an unequivocal statement before the withdrawal period has expired. If an EU User exercises its right of withdrawal, the Payment Processor will reimburse to such EU User all payments received from that EU User without undue delay and in any event not later than fourteen (14) days from the day on which the EU User provides such withdrawal notice to the Payment Processor. The Payment Processor will carry out such reimbursement using the same means of payment as the EU User used for the initial transaction, unless it has expressly agreed otherwise; in any event, the EU User will not incur any fees as a result of such reimbursement.

If you require assistance processing a transaction through the Store, need to report fraudulent activity, or have any other questions or concerns, contact the Payment Processor at https://www.tebex.io/contact/checkout. Essential will not be able to provide any customer support or technical assistance.

To the extent any portions of the Platform or the Platform as a whole requires a subscription agreement and/or a prepaid fee, which may be modified from time to time in Essential's sole discretion, such prepaid fee, and all taxes and other fees related thereto, will be paid by each User in advance and in no event will a User be allowed access to the relevant portion of the Platform or Content for which a prepaid fee is required unless and until Essential receives all fees and charges payable by such User.

Advertisers on Platform

The Platform may contain advertising and sponsorship or sponsored Content. Advertisers and sponsors are responsible for ensuring that Content submitted for inclusion on the Platform is accurate and complies with applicable laws. Essential will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' Content or for the acts or omissions of advertisers and sponsors.

Special Promotions

Essential may from time to time offer sweepstakes, contests, and other promotions to Users through the Platform (each, a "Promotion"), including those that may require an Account. All Promotions will be run at the sole discretion of Essential, and can be activated, modified, or removed at any time by Essential without advance notification and the liability of any of Essential's partners in such Promotions. By participating in any Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, Minecraft UUID, voice, likeness, or other indicia of persona in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, your personal information may be disclosed to third-party Persons or the public in connection with the administration of such Promotion as further described in the Privacy Policy, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion's official rules, such as on a winner's list.

Communications from Essential

By using the Platform, you hereby affirmatively consent to receiving notifications from Essential regarding important service announcements and other administrative communications related to your use of the Platform, as well as certain marketing and other advertising communications from Essential and from Essential's third-party advertising partners, as more fully set forth in the Privacy Policy. You will be able to opt out of receipt of certain notifications by following the instructions described in the Privacy Policy; however, if you do not wish to receive certain service and other administrative notifications related to the Platform, your only way to opt out of such messages is to stop using the Platform.

Third-Party Communications

Essential disclaims all liability for any communications directed to you from any third-party Person, directly or indirectly, in connection with the Platform ("Third-Party Communications") that you may receive and any actions you may take or refrain from taking because of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. Essential assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-Party Communications.

By using the Platform, you expressly release and hold Essential harmless from any and all liability arising from your use of any Third-Party Communications, including any Losses incurred as a result of any dealings between you and any third-party Persons. It is your responsibility to evaluate the content and usefulness of the information obtained from third-party Persons.

Representations and Warranties

The Platform is available only to Persons who, if individuals, are eighteen (18) years or older (or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of such person's primary residence), or who are between the ages of thirteen (13) and eighteen (18) who have their parent's or legal guardian's permission to use the Platform. BY ACCESSING AND USING THE PLATFORM, EACH PERSON WHO IS AN INDIVIDUAL REPRESENTS AND WARRANTS THAT THEY ARE AT LEAST EIGHTEEN (18) YEARS OLD (OR ANY GREATER AGE REQUIRED TO BE DEEMED TO HAVE REACHED THE AGE OF MAJORITY UNDER THE APPLICABLE LAW OF THE STATE OR JURISDICTION OF THEIR PRIMARY RESIDENCE), OR IF THEY ARE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18), HAS THEIR PARENT'S OR LEGAL GUARDIAN'S PERMISSION TO USE THE PLATFORM AND ARE FULLY ABLE AND HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO, AND TO BE BOUND BY, THESE TERMS OF USE, AND WILL SO ABIDE.

You represent and warrant that (i) all Registration Data and User Content and other information that you submit, upload, post, or transmit in or to the Platform is true, accurate, current, and complete and (ii) that such Registration Data and User Content and other information, when used for the purposes in which it is submitted, uploaded, posted, or transmitted in or to the Platform, does not infringe upon the rights of any Person, including, without limitation, intellectual property rights, propriety rights, and rights of publicity/privacy. You acknowledge and agree that you shall be solely responsible for all Registration Data and User Content and other information that you provide to Essential and that Essential reserves the right to reject or remove all or a portion of any such Registration Data or User Content or other information from the Platform that Essential determines, in its sole discretion, does not comply with these Terms of Use, or for any other reason, without notice or liability to you.

Disclaimers

YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. THE PLATFORM AND PLATFORM CONTENT, INCLUDING THE STORE AND COSMETICS SOLD OR OFFERED FOR SALE THEREIN, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ESSENTIAL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ANY CONTENT PROVIDED THROUGH THE PLATFORM OR THIRD-PARTY CONTENT OR THIRD-PARTY PRODUCTS LINKED TO THE PLATFORM AND 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 AND USE OF THE PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF ESSENTIAL'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN.

ESSENTIAL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY CONTENT, THIRD-PARTY PRODUCT, OR ANY OTHER SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY PERSON THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND ESSENTIAL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, INCLUDING WITH THE PAYMENT PROCESSOR, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

WITHOUT LIMITING THE FOREGOING, NONE OF THE ESSENTIAL PARTIES (DEFINED BELOW) WARRANT THAT ACCESS TO THE PLATFORM, INCLUDING THE STORE AND COSMETICS SOLD THEREIN, WILL BE UNINTERRUPTED OR THAT THE PLATFORM, INCLUDING THE STORE AND COSMETICS SOLD THEREIN, WILL BE ERROR-FREE, NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY CONTENT PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE PLATFORM, INCLUDING THE STORE AND COSMETICS SOLD OR OFFERED FOR SALE THEREIN. NONE OF ESSENTIAL PARTIES SHALL BE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. NONE OF THE ESSENTIAL PARTIES WARRANT THAT THE PLATFORM, INCLUDING THE STORE AND COSMETICS SOLD OR OFFERED FOR SALE THEREIN, IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THE ESSENTIAL PARTIES CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU TO EITHER ESSENTIAL OR THE PAYMENT PROCESSOR WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED, OR USED BY OTHERS.

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT ESSENTIAL IS ONLY WILLING TO PROVIDE THE PLATFORM IF YOU AGREE TO CERTAIN LIMITATIONS OF ESSENTIAL'S LIABILITY TO YOU AND THIRD-PARY PERSONS. THEREFORE, YOU AGREE NOT TO HOLD ESSENTIAL, MOJANG, OR THE PAYMENT PROCESSOR OR ANY OF THEIR RESPECTIVE PAST, PRESENT, OR FUTURE PARENT, SUBSIDIARY, OR AFFILIATE COMPANIES OR ANY OF THEIR RESPECTIVE PAST, PRESENT, OR FUTURE OFFICERS, DIRECTORS, STOCKHOLDERS, MANAGERS, MEMBERS, PARTNERS, EMPLOYEES, CONTRACTORS, AFFILIATES, CONTENT PARTNERS, VENDORS, LICENSORS, DISTRIBUTORS, ADVERTISERS, OTHER CONTRACTING PERSONS, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE "ESSENTIAL PARTIES") LIABLE FOR ANY SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, "LIABILITIES") THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PERSON'S LOSSES (DEFINED BELOW), INCLUDING AS A RESULT OF YOUR USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING, WITHOUT LIMITATION ANY CLAIMS ARISING IN CONNECTION WITH THE CONDUCT, ACT, OR OMISSION OF ANY USER (INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT, STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY ESSENTIAL, MOJANG, OR THE PAYMENT PROCESSOR OR ANY OF THEIR RESPECTIVE AFFILIATES OR LICENSORS, OR ANY LOSS OR DESTRUCTION OF YOUR PERSONAL INFORMATION OR USER CONTENT.

UNDER NO CIRCUMSTANCES WILL ANY OF THE ESSENTIAL PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH ANY USER'S USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING ANY TRANSACTIONS MADE THROUGH THE STORE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ANY OF THE ESSENTIAL PARTIES IS LIABLE FOR LOSSES, IN NO EVENT WILL THE ESSENTIAL PARTIES' AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

YOU AND ESSENTIAL AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR ESSENTIAL WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR ESSENTIAL ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND ESSENTIAL FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, ESSENTIAL, AND ALL OTHER PERSONS WHO ARE PARTY TO ANY SUCH PROCEEDING.

Indemnification

You hereby agree to indemnify, defend, and hold harmless the Essential Parties from and against any and all losses, liabilities, damages, settlements, costs, penalties, or expenses (including attorneys' fees and costs) (collectively, "Losses") arising out of or in connection with any claim brought by a third-party Person based on: (i) your use of, or inability to use, the Platform; (ii) any breach of any representation, warranty, covenant, or obligation of yours under these Terms of Use; (iii) any Registration Data provided or User Content submitted, uploaded, posted, or transmitted in or to the Platform by you to Essential or any other Person; (iv) your conduct in any Interactive Area; (v) your violation of any applicable local, state, federal, or international law or regulation or the Minecraft Terms; or (vi) your violation of any Person's rights, including, but not limited to, any intellectual property rights or rights of privacy and publicity (each, a "Claim"). The applicable Essential Parties shall promptly notify you in writing of any Claim (provided, however, any delay in such notice shall not relieve you of your obligations hereunder except to the extent such delay prejudices the defense of such Claim) and give you the opportunity to defend or settle such Claim at your sole cost and expense; provided, however, you shall not settle any such Claim without the applicable Essential Parties' prior written consent, not to be unreasonably withheld, delayed, or conditioned; provided, further, the Essential Parties reserve the right to assume the exclusive defense and control of any such Claim. In all cases, the Essential Parties will cooperate with you, at your sole cost and expense, in defending or settling such Claim.

Platform Access Requirements

Access to and use of the Platform requires a compatible mobile device or web browser and Internet connection. Although Essential endeavors to ensure that the Platform is compatible across various devices, Essential cannot guarantee that the Platform will work with all devices and hardware types.

It is your responsibility to ensure that your computer or mobile device complies with the requirements for accessibility. Your use of the Platform may vary in functionality, availability, and quality depending on the type of the device and the operating system that you use and Essential accepts no responsibility for any lack of functionality that is due to your equipment (including your device, Internet connection, operating system or settings and software).

It is your responsibility to pay for all costs and expenses that you may incur while using the Platform (including, but not limited to, all telephone call or line charges or Internet data service access charges).

Errors and Corrections

Essential does not represent or warrant that the Platform, Platform IP, or User Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that the Platform, Platform IP, or User Content will always be accessible. Essential does not warrant or represent that the Content available on or through the Platform will be correct, accurate, timely, or otherwise reliable. Your access to the Platform may be interfered with by numerous factors outside of Essential's control including, without limitation, telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment, or software defects. Essential is not responsible, and will have no liability, for any failures of the Internet or any data or telecommunications equipment, system, or network used in connection with the Platform. Additionally, perfect security does not exist on the Internet; Essential cannot and does not guarantee that any Registration Data, User Content, or Personal Information submitted, uploaded, posted, or transmitted in or to the Platform or otherwise provided to Essential will not become public under any circumstances.

Updates and Maintenance

Essential may in the future update the Platform, or any portion thereof, to change the Platform IP and/or features of the Platform at any time (an "Update"). Essential shall not be liable to any User in any way as a result of any temporary suspension of the Platform or Content, or portions thereof, arising from or in connection with an Update. Furthermore, Essential is under no obligation to undergo an Update to the extent any Content on the Platform is out of date. The terms of the Platform License granted to you herein shall apply in full to any Update.

Governing Law and Jurisdiction; Disputes

The Terms of Use are governed by and construed in accordance with the internal law of the State of New York without reference to its principles of conflicts of laws and any dispute or legal claim arising out of or relating to these Terms of Use or your use of the Platform shall be adjudicated exclusively in either the state courts situated in Westchester County, New York or the United States District Court for the Southern District of New York and you hereby irrevocably waive all jurisdictional, venue, or inconvenient forum objections to such courts.

You agree that, regardless of any applicable law to the contrary, any legal claim or cause of action arising out of or relating to these Terms of Use or your use of the Platform must be filed with a court of competent jurisdiction within one (1) year from the date such legal claim or cause of action arose or else will be forever barred.

Assignment

Essentialmay assign, subcontract, delegate, or otherwise transfer any or all of its rights and/or obligations under these Terms of Use to any Person. You may not assign, subcontract, delegate, or otherwise transfer your rights or obligations under these Terms of Use to any Person, and purported assignment, subcontracting, delegation, or transfer shall be deemed null and void.

Waiver and Severability of Terms; Entire Agreement

Failure by Essentialto enforce any provision(s) of these Terms of Use will not be construed as a waiver of any provision or right. If any provision of these Terms of Use is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. These Terms of Use incorporate by reference any notices contained on the Platform and the Privacy Policy and constitute the entire agreement with respect to access to and use of the Platform, as well as the Platform Content, User Content, and Interactive Areas.

Contact

Questions or comments about the Platform or Essential's services or these Terms of Use should be sent by email to contact@essential.gg or mail to 444 South Fulton Avenue, Mount Vernon, New York 10553, Attention: Essential Terms and Conditions of Use.

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