Terms and Conditions of Use

Last Updated: June 03, 2024

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SERVICE, INCLUDING, WITHOUT LIMITATION, PURCHASING ANY COINS, REDEEMING DIGITAL GOODS, OR PURCHASING SUBSCRIPTION SERVICES (EACH AS DEFINED BELOW). THESE TERMS AND CONDITIONS OF USE DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MODCORE INC. D/B/A ESSENTIAL™ REGARDING YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE PURCHASE OF ANY COINS, REDEEM DIGITAL GOODS, OR PURCHASE SUBSCRIPTION SERVICES. IF, FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL THESE TERMS AND CONDITIONS OF USE, YOU MAY NOT USE THE SERVICE OR PURCHASE ANY COINS, REDEEM DIGITAL GOODS, OR PURCHASE SUBSCRIPTION SERVICES. YOUR CONTINUED USE OF THE SERVICE AND/OR PURCHASE OF ANY COINS, REDEEM DIGITAL GOODS, OR PURCHASE SUBSCRIPTION SERVICES MEANS YOU AGREE TO ALL THE TERMS AND CONDITIONS OF USE, AS WELL AS THE PRIVACY POLICY AND ADDITIONAL TERMS (EACH AS DEFINED BELOW), THAT ARE DESCRIBED OR REFERRED TO BELOW.

These Terms and Conditions of Use (as amended from time to time, these “Terms of Use”) constitute a legally binding agreement between ModCore Inc., a Delaware corporation doing business as Essential, for itself and on behalf of its parent, subsidiary, and affiliate companies (collectively, “Essential”), and each visitor, user, or customer (each, a “User”, “you” or “your”) of Essential’s website, https://essential.gg/, anmd its other affiliated websites and each of their subdomains and mobile versions, all applications (including mobile applications) and online media under Essential’s operation and control, and all backup, mirror, replacement, or substitute websites or webpages Essential makes available as part of the services it provides (collectively, the “Website”), and apply to your use and access of, and interaction, with the Website and Essential’s other services, including, without limitation, Essential’s owned or operated Minecraft® game servers (each, a “Game Server”), and the download, purchase, license, rental, and use of Essential’s products and services, including, without limitation, Essential’s modifications to the Minecraft® game (each, a “Mod”), digital coin currency (collectively, “Coins”) used to redeem certain digital goods for use in the Minecraft® game, including, without limitation, cosmetics and emotes (each, a “Digital Good”) through Essential’s in-game marketplace functionality (the “Store”), and subscription services (each, a “Subscription Service”), subject to the Purchase Policy set forth below (collectively, the “Service”).

Acceptance Of These Terms Of Use And Other Policies Governing Use Of The Service

By accessing, using, or interacting with, or downloading, purchasing, licensing, and/or renting (where applicable), any aspect of the Service or any of the Service Content (as defined below), you agree and acknowledge that (i) you have read and understand these Terms of Use and Essential’s Privacy Policy available at https://essential.gg/privacy-policy (as amended from time to time, the “Privacy Policy”), as well as all other policies, licenses (including the Mod-Specific Licenses [as defined below]), terms, and conditions of which Essential discloses or notifies you when you use or attempt to use the Service or the Service Content (collectively, the “Additional Terms”), which are expressly made part of your legal agreement with Essential; (ii) you have read and understand the policies and terms and conditions of Mojang AB and Microsoft Corporation that govern the use and enjoyment of the Minecraft® game presently available at https://www.minecraft.net/ (collectively, as amended from time to time, the “Minecraft Terms”); (iii) that unless you immediately stop using or trying to use all parts of the Service, you will be signifying your agreement to be legally bound by and comply with all of the terms and conditions that apply to you under these Terms of Use, the Privacy Policy, the Additional Terms, and the Minecraft Terms, as applicable; and (iv) you are at least eighteen (18) years old or the “age of majority” in your jurisdiction, if different. If you are younger than the “age of majority” in your jurisdiction, you may only use the Service with the consent of your parent or legal guardian. As set forth in the Privacy Policy, the Service is not intended for children under the age of thirteen (13) and Essential does not knowingly collect, share, or sell Personal Information (as that term is defined in the Privacy Policy) from children under the age of thirteen (13). Any terms used but not defined herein are defined in the Privacy Policy or Additional Terms, as the case may be.

Changes To Terms Of Use And Other Policies For Use Of The Service

Essential may change, delete, or amend these Terms of Use, the Privacy Policy, or any Additional Terms that might apply to you, as well as to the Service generally, at any time at its sole discretion. If Essential makes a material change or amendment to these Terms of Use, the Privacy Policy, or any Additional Terms, it will notify Users thereof by posting such changes or amendments on the Website and elsewhere, which changes or amendments will be effective automatically upon the posting thereof. You should check on a regular and frequent basis and review these Terms of Use, the Privacy Policy, and Additional Terms that apply to you so you are aware of the current rights and obligations that apply to you. 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, THE PRIVACY POLICY, OR ANY ADDITIONAL TERMS OR ANY FUTURE CHANGES THERETO ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE TO USE ANY PORTION OF THE SERVICE. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE POSTING OF ANY NOTICE OF ANY CHANGE TO THESE TERMS OF USE, THE PRIVACY POLICY, OR ANY ADDITIONAL TERMS SHALL CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO SUCH CHANGE.

Service Content

The Service and all content, information, and materials uploaded thereto or incorporated therein, including, without limitation, all Mods and Digital Goods and text, copyrightable materials or other original works of authorship, images, pictures, photos, designs, artwork, graphics, stills, musical compositions, sound recordings, audio content or files, videos or video files, audiovisual content or files, software, firmware, code, tools, databases, textual links, keywords, data or metadata, chats, Trademarks (as defined below) or other intellectual property of any kind or nature uploaded thereto, or contained therein, now or in the future (collectively, the “Service Content”), are either the property of Essential or its suppliers, vendors, operational service providers, licensors, licensees, agents, or representatives and is protected by Applicable Law. As between you and Essential, Essential retains all right, title, and interest in and to the Service and Service Content, as well as all business processes, procedures, methods, and techniques used in or on any and all aspects of the Service, all associated trade secret rights and other intellectual property and proprietary rights, the “look and feel” of all aspects the Service, and the coordination, selection, arrangement and enhancement of the Service Content and other intellectual property belonging to Essential as a “collective work,” recognized anywhere in the world, which is protected in all forms, media, and technologies now known or hereinafter developed by Applicable Law, and nothing contained herein shall be construed as creating or granting you any right, title, or interest in and to any of the foregoing other than the Service License (as defined below) granted herein.

All of the trademarks, service marks, design marks, logos, slogans, trade dress, insignia, and other brand features (collectively, “Trademarks”) displayed on or through the Service or within Service Content are registered or unregistered trademarks of Essential or other third-party Person (as defined below) or their products or services used or displayed on or through the Service or in collateral materials thereto, all of which you specifically acknowledge and agree are and shall remain the sole and exclusive property of Essential or the applicable third-party Person from whom Essential obtained the right and/or license therefor. Nothing in or on the Service or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any right or license to use such Trademarks without the express written permission of Essential with respect to its Trademarks or the applicable third-party owner or licensor of the other Trademarks. All goodwill generated from the use of such Trademarks inures to the benefit of the applicable owner thereof.

Licenses Granted To Users

Service License

Essential hereby grants you a limited, non-exclusive, revocable, royalty-free, non-transferable, non-assignable, non-sublicensable right and license to access and make personal use of the Service and the Service Content solely permitted by the tools, products, services, functionalities, and/or features thereof, or as expressly permitted by Essential in connection with your use of the Service and as provided herein, subject in all respects to these Terms of Use, and not for redistribution of any kind (the “Service License”). The Service License does not include the right or license to any resale or commercial use of the Website, any Game Server, any Mod, any Coin, any Digital Good, or any Subscription Service or any of its associated Service Content.

Product-Specific Licenses

Essential grants the public certain additional rights in and to the Mods and other of Essential’s products, including its constituent libraries, including, without limitation, usage, modification, reproduction, publication, distribution, and/or other commercialization rights, pursuant to separate license agreements (as amended from time to time, the “Product-Specific Licenses”). Those Mods and other Essential products and their corresponding Product-Specific Licenses that are currently in effect are listed on https://essential.gg/licenses, which may be updated from time to time.

The Product-Specific Licenses are Additional Terms that are hereby incorporated by reference into these Terms of Use. In the event of a conflict between these Terms of Use and any Product-Specific License, the Product-Specific License will control, but solely with respect to the licensee’s permitted use of that Mod or other Essential product and no other part of the Service or the Service Content.

Additionally, in the interest of transparency, Essential may make available the code of its some or all of its Mods or other products solely to enable you to view and compare it with the underlying code of the Mod or other Essential product as distributed by other third-party Persons in order for you to verify that the third-party distributed Mod or other Essential product is authentic and current with Essential’s latest official version. This permission does not constitute a Product-Specific License or any other license or transfer of rights in and to the Mod or other Essential product, and you may not copy, reproduce, modify, sell, license, distribute, commercialize, or otherwise exploit, or create derivative works based upon, these Mods and/or other Essential products or their underlying code, all of which is reserved to Essential. These Mods and other Essential products are provided to you “as is” and without any warranty of any kind, whether express, implied, statutory, or otherwise, including, without limitation, all warranties of merchantability, fitness for a particular purpose, title, non-infringement, or arising out of course of dealing, course of performance, usage, or trade practice, all of which are hereby expressly disclaimed to the maximum extent permitted by law. Essential makes no representation or warranty of any kind that any Mod or other Essential product will meet your requirements, be compatible or work with any other software, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected. Please email Essential at legal@essential.gg if you believe that any third-party distributed version of any Mod or other Essential product does not match the official version of such Mods or other product distributed by Essential so that Essential can resolve any discrepancies and ensure community trust in Essential’s products and services.

User Accounts And Other Service Access Requirements

Required Technology to Use the Service

Access to and use of certain parts of the Service require a compatible mobile device or web browser and Internet connection. Essential cannot guarantee that all aspects of the Service will work with all devices and hardware types, and you are responsible to ensure that your computer or mobile device complies with the requirements for accessibility. Your use of the Service 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 Service (including, but not limited to, all telephone call or line charges or Internet data service access charges).

User Accounts

In order to fully utilize certain functionalities of the Service, each User may need to register and create an account (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 their email address, account/login name, screen name/player profile/Minecraft Universal Unique Identifier (“Minecraft UUID”)), and password (collectively, “Registration Data”), all of which will be treated in accordance with the Privacy Policy. The Service may allow Users to store Transaction Information (as defined below) for future purchases of Coins or Subscription Services, such as one or more forms of payment and billing addresses, within their Accounts, which will be treated in accordance with the Privacy Policy. You agree that all Registration Data and Transaction Information 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.

Users’ Responsibility for Their Accounts

Each User must (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 requests@essential.gg. Each User shall be solely liable for all activities that occur under their Account, even if such activities were not committed by such User. Essential is not responsible for any Losses as a result of another User or Person using any Account or its associated Registration Data, with or without the Account-holder’s knowledge.

Essential’s Use of Registration Data

As further described in the Privacy Policy, Essential will have the right to use your Registration Data in connection with servicing and operating the Service and may access, preserve, and disclose your Registration Data and any other information pertaining to your Account, including, without limitation, User Content (as defined below) submitted, uploaded, posted, or transmitted under your Account, as required by Applicable Law or if Essential believes in good faith that such access preservation or disclosure is reasonably necessary or helpful to (i) comply with legal process; (ii) enforce these Terms of Use, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; (iv) respond to any Claim that User Content violates the rights of third parties; (v) provide certain customized features of the Service to you, if any; (vi) respond if you contact Essential for any reason; or (vii) protect the rights, property, or personal safety of Essential or other users or Persons, and/or the public.

Purchase Policy

The following terms and conditions (this “Purchase Policy”), which are expressly incorporated into, and made part of, these Terms of Use, apply to the purchase of Coins, the use of Coins to redeem Digital Goods within the Store, and the purchase of Subscription Services. For the avoidance of doubt, all purchasers of Coins, redeemers of Digital Goods, and/or purchasers of Subscription Services are considered Users, and are required to have an active Account in good standing.

Coins

Coins are virtual currency that can only be used to redeem Digital Goods within the Store as further described in the “Digital Goods” subsection below. Coins cannot be used, bought, or sold outside of the Store, or transferred among Users, have no real-world monetary value, and are illiquid and not convertible or exchangeable whatsoever into cash or fiat money or cryptocurrency or other digital currencies. Users are able to purchase Coins through the Essential™ Mod by following the in-game prompts to a one time use web checkout page powered by the Payment Processor, subject to the “Payments for Coins and Subscription Services and Purchase Agreement” subsection below. Prices for Coins are listed at the point of purchase in U.S. Dollars (USD), are subject to change at any time, and may differ from prices advertised by Essential elsewhere at various times or quoted by Essential customer service from time to time. Once a User completes their transaction, the purchased Coins will appear in their Account and then may be used to redeem Digital Goods within the Store.

If Essential no longer operates or maintains the Service or the Store, then the Coins that a User has purchased may no longer be redeemable for Digital Goods or serve their intended purpose at the time of purchase and may ultimately be forfeited or lost.

Digital Goods

Digital Goods are displayed within the Store and are only redeemable with Coins purchased as described above in the “Coins” subsection above. All Digital Goods are considered Platform Content and accordingly owned by Essential and, when and as redeemed by a User through the Store, are solely licensed to that User in accordance with the terms of the Service License; redeeming Digital Goods with purchased Coins does not transfer ownership or confer any ownership rights in the Digital Goods. Digital Goods cannot be used, bought, or sold outside of the Store, or transferred among Users, and have no real-world monetary value.

Users are able to redeem Digital Goods in exchange for a specific number of Coins as displayed at the point of redemption within the Store. Redemption prices for Digital Goods are subject to change at any time and may differ from prices advertised by Essential elsewhere at various times or quoted by Essential customer service from time to time. Once a User completes their transaction, the Coins are debited from their balance and the Digital Goods will appear in their wardrobe.

Essential makes every effort to display Digital Goods and their functionalities, qualities, and attributes, such as their colors, sizes, textures, and appearance, as accurately as possible on the Service. However, you should be aware that the displayed qualities and attributes of Digital Goods depend upon a variety of factors out of Essential’s control, including users’ monitor or mobile device screen resolution, physical environment while viewing or using Digital Goods through the Service, and other factors, so Essential cannot guarantee that the qualities and attributes of Digital Goods will always be accurately portrayed on the Service. If you have any questions about any of the qualities and attributes of any specific Digital Goods, please do not hesitate to email Essential at requests@essential.gg.

Not all Digital Goods displayed or advertised in the Store from time to time may always be available for redemption. Essential may, at any time and from time to time, for any reason in its sole discretion, limit the quantity of certain Digital Goods that may be redeemed by all Users or any single User at one time and/or discontinue certain Digital Goods. Sometimes you may add a Digital Good to your cart but, by the time you check out and your order processes, that Digital Good may no longer be available for redemption; if that happens, Essential will automatically reject the redemption and the corresponding Coins for that Digital Good will not be deducted from your balance.

If Essential no longer operates or maintains the Service, the Store, and/or a particular Digital Goods, then the Digital Good(s) that a User has redeemed through the Store may no longer be operational or serve their intended purpose at the time of redemption and may ultimately be forfeited or lost.

Subscription Services

Essential may, from time to time, sell one or more Subscription Services that include certain Essential products and services in exchange for a recurring fee as further described on the Website (as amended from time to time, the “Subscription Offering Terms”), which are subject to change at any time without prior notice.

The Subscription Offering Terms will describe, among other things, the products and services included within the relevant Subscription Service, the price for the relevant Subscription Service and the frequency with which payment will be due (e.g., monthly, annual, etc.), any promotional pricing or offers for the Subscription Service, and any special terms, conditions, or restrictions. In the event of a conflict between these Terms of Use and any Subscription Offering Terms, the Subscription Offering Terms will control, but solely with respect to that Subscription Service and no other Subscription Service.

Users are able to purchase Subscription Services through the Essential™ Mod by following the in-game prompts to a web interface powered by the Payment Processor, subject to the “Payments for Coins and Subscription Services and Purchase Agreement” subsection below. Prices for Subscription Services are listed in the Subscription Offering Terms and the point of purchase in U.S. Dollars (USD), are subject to change at any time, and may differ from prices advertised by Essential elsewhere at various times or quoted by Essential customer service from time to time.

Subscription Services continue and automatically renew at the price and on the periodic payment basis advertised in the Subscription Offering Terms (or, if none specified, then on a monthly basis) until you cancel the Subscription Service or Essential discontinues the relevant Subscription Service, whichever is earlier.

To cancel a Subscription Service, either go to https://checkout.tebex.io/payment-history/login and login using the email address you used to subscribe and navigate to the subscriptions tab, or email Essential at requests@essential.gg. Cancellation is also possible by opening Minecraft using your account that is linked to an Essential subscription, navigate to manage “Club” Modal - manage your subscription, and login using the email address you used to subscribe. Cancellation is effective at the end of the then-current billing period, and you will continue to have access to your Subscription Service benefits until such date, at which point your Subscription Services, and the benefits received in connection therewith, will expire.

From time to time, Essential will offer Subscription Services at promotional rates. Those offers are not transferable, may not be combined with any past, present, or future offers or promotions, may not be available in all jurisdictions, may be limited-time offers, and/or may only be available to new subscribers.

Errors or Inaccuracies in Pricing, Information, and Descriptions

Essential is not responsible for typographical errors, inaccuracies, or omissions on the Service pertaining to Coins, Digital Goods, and Subscription Services and their availability, price, or product descriptions, qualities, or attributes. As a result, Essential does not guarantee the accuracy or completeness of any information on the Service, including prices, product images, specifications, and/or availability. Essential reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

Payments for Coins and Subscription Services and Purchase Agreement

To purchase Coins or a Subscription Service, you will be asked to supply Essential and/or its third-party payment processor (presently, Tebex Limited) (as updated from time to time, the “Payment Processor”) with certain information relevant to your transaction, including, without limitation, your name and Minecraft UUID, your email address where Essential or the Payment Processor can send you a receipt and information about your purchase, information about your form of payment (i.e., credit card, payment card, Gift Certificate (as defined below), or other payment method and the expiration date and security/CVV code, if applicable), the billing address associated with such form of payment, and other information relevant to your purchase (collectively, “Transaction Information”), and Essential may need to share that Transaction Information with certain third-party Persons to complete your order as further described in the Privacy Policy. If you decline to provide Essential or the Payment Processor with Transaction Information as Essential or the Payment Processor deems necessary, or do not wish to permit Essential or the Payment Processor to share Transaction Information with any third-party fulfillment service providers, then Essential and/or the Payment Processor may refuse or be unable to process the order or, if already processed, Essential may cancel the order and issue (or direct the Payment Processor to issue) a refund to your original form of payment (to the extent payment has been processed).

YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARDS, GIFT CERTIFICATES, OR PAYMENT CARDS OR OTHER PAYMENT METHODS USED IN CONNECTION WITH ANY PURCHASES YOU MAKE THROUGH THE SERVICE AND TO PROVIDE ESSENTIAL WITH ALL RELATED TRANSACTION INFORMATION.

You agree to pay all fees and charges that may be incurred by you or on your behalf through the Service (including through your Account), at the prices and amounts in effect when such fees and charges are incurred and you authorize Essential and the Payment Processor to charge all applicable amounts for the orders that you make to the credit card, Gift Certificate, payment card, or other payment method specified at the time the order is placed. In addition, you remain responsible for any taxes that may be applicable to your purchases of Coins or Subscription Services. When purchase a Subscription Service, Essential or the Payment Processor will continue to charge, on a monthly basis (or other periodic basis, if any, specified in the Subscription Offering Terms), the credit card, Gift Certificate, payment card, or other payment method specified at the time the order is placed or otherwise updated within your Account from time to time until you cancel your Subscription Service in the manner set forth in the “Subscription Services” subsection above or Essential discontinues the relevant Subscription Service, whichever is earlier.

Please contact the Payment Processor directly by visiting https://www.tebex.io/support-customer if you require assistance with payments made, or to be made, with respect to the purchase of any Coins or Subscription Services, have any difficulty using the Payment Processor’s web interface for collecting and processing payments, or need to report fraudulent purchases or charges. Essential will not be able to provide any customer support or technical assistance.

Refund Policy

All purchases of Coins, redemptions of Digital Goods, and purchases of Subscription Services are final (subject to a User’s right to cancel future cycles of a Subscription as described in the “Subscription Services” subsection above). Refunds are solely at the discretion of Essential and/or the Payment Processor (where applicable). Refunds will not be issued to any User whose access to the Service is denied, suspended, or terminated due to a breach of these Terms of Use, Additional Terms, or any policies, terms, or conditions of the Payment Processor.

Notwithstanding the foregoing, Users who are citizens or residents of the European Economic Area (collectively, “EU Users”) and who make purchases through the Service have the legal right of withdrawal on software sales. Per Directive 2011/83/EU on consumer rights, EU Users may withdraw from a contract for digital content purchased online and receive a full refund therefore within fourteen (14) days of an EU User’s purchase thereof. However, a service provider may exclude this right of withdrawal from a contract for digital content that has started performing, where an EU User has given prior consent to start the service during the right of withdrawal period. By purchasing Coins, redeeming Digital Goods, and/or purchasing Subscription Services, you provide Essential with your express consent to start the applicable service, and you hereby waive your right of withdrawal pursuant to Directive 2011/83/EU on consumer rights.

Limitations on Purchases

Essential reserves the right to place limits on or otherwise regulate purchases of Coins, redemptions of Digital Goods, and purchases of Subscription Services. Essential may limit, cancel, or prohibit any orders of Coins, Digital Goods, or Subscription Services, including, without limitation, for pricing errors, actual or suspected violation of this Purchase Policy, or actual suspected fraudulent activity.

Essential does not authorize the purchase of commercial quantities of Coins or redemption of commercial quantities of Digital Goods and reserve the right to, in Essential’s sole discretion, prohibit transactions by resellers, dealers, and distributors.

In the event Essential refuses any orders placed through the Service, Essential will not charge (or direct the Payment Processor not to charge) the form of payment you originally provided. In the event Essential limits or cancels, in whole or in part, any orders placed through the Service, Essential will issue (or direct the Payment Processor to issue) a refund to your original form of payment (to the extent payment has been processed) for the portion of the canceled order.

Gift Certificates

Essential may, from time to time, sell or issue Essential-branded gift certificates, gift cards, merchandise cards, rewards cards, vouchers, store credit cards, or other stored value products, whether in physical or electronic form, redeemable only to purchase Coins and/or Subscription Services or as a Store credit balance to your Account to redeem Digital Goods (as the case may be) (each, a “Gift Certificate”), subject to the following terms and conditions:

• Gift Certificates are issued and administered by either Essential or a third-party Person specified at the time of issuance, which will have the sole responsibility for those Gift Certificates and their operation and maintenance.
• Gift Certificates are only valid if obtained from Essential. Essential does not honor gift certificates, gift cards, merchandise cards, rewards cards, vouchers, store credit cards, or other stored value products issued by Mojang AB or Microsoft Corporation, even if they relate to the Minecraft® game, unless explicitly stated by Essential.
• Gift Certificates are redeemable only for Coins, Digital Goods, and/or Subscription Services (as indicated on or in connection with the Gift Certificate), directly from Essential, at the time of redemption/purchase. A Gift Certificate for a Store credit used to redeem Digital Goods may only be redeemed once and will be considered redeemed once the monetary value has been credited to the Account of the recipient (designated by the purchasing User), which is necessary for redemption.
• Gift Certificates have no cash value and may not be redeemed for cash except as required by Applicable Law. Gift Certificates are not redeemable to purchase another Gift Certificate or towards previously-purchased Coins, previously-redeemed Digital Goods, or previously-purchased Subscription Services. Gift Certificates are non-returnable or refundable except where required by Applicable Law.
• Gift Certificates may be transferred or given to another User, but may not be sold or resold.
• In most cases, the balance of a Gift Certificate is adjusted immediately at the time it is used to make a purchase, though there may be instances where the balance adjustment is delayed.
• Gift Certificates do not expire except as may be permitted by Applicable Law.
• Lost, stolen, or damaged Gift Certificates will not be replaced. Essential will have no liability for lost or stolen Gift Certificates or the unauthorized use of any Gift Certificate.

Essential may set additional or differing terms and conditions for specific Gift Certificate, which will be specified at the time of issuance; in the event of a conflict between the foregoing terms and conditions and any Gift Certificate-specific term or condition, the later-issued terms and conditions will apply. Essential may modify the foregoing terms and conditions, or any Gift Certificate-specific term or condition, at any time in the manner provided in these Terms of Use or otherwise with notice to the Gift Certificate holder.

Promotional or Discounts Codes

Essential may, at any time and from time to time, for any reason in its sole discretion, create promotional or discount codes that may either discount the purchase price for Coins, redemption price for certain Digital Goods, or purchase price certain Subscription Services or be redeemed for credit in your Account or for other features or benefits related to the Services (collectively, “Promo Codes”), subject to any additional terms that Essential establishes on a per-promotion or per-Promo Code basis. Promo Codes may only be used, and its associated benefits or discounts may be redeemed, only once per User or Account and/or once per transaction. Essential reserves the right to void Promo Codes for duplicate benefits. Only Promo Codes sent to Users through Automatic Communications, Voluntary Communications, or other communications directly from Essential to you are valid and will be honored. You understand and agree that Promo Codes (i) must be used for the intended audience and purpose and in accordance with Applicable Law and these Terms of Use; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Essential; (iii) may be disabled by Essential, at any time and from time to time, for any reason in its sole discretion, without liability to Essential; (iv) may only be used pursuant to the specific terms that Essential establishes for such Promo Code; (v) are not redeemable for cash, Gift Certificates, or cash equivalents except where redeemable for Coins; and (vi) may expire prior to your use and, if that happens, Essential may decline to reissue a replacement Promo Code.

Customer-Provided Ratings, Comments, and Feedback

To the extent the Service functionalities allow for Users to submit, upload, post, or transmit ratings, reviews, comments, or feedback pertaining to Coins, Digital Goods, and/or Subscription Services (collectively, “Product Reviews”) in Interactive Areas or elsewhere, those Product Reviews constitute User Content and may be displayed on the Service pursuant to the User Content License. Product Review are not provided by Essential and, therefore, Essential cannot and does not warrant or guarantee their accuracy or reliability. Essential reserves the right to moderate Product Reviews in its sole discretion to the fullest extent permitted by these Terms of Use and Applicable Law.

Sweepstakes, Contents, And Marketing Promotions

Essential may from time to time conduct sweepstakes, contests, and other marketing promotions to Users through the Service (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 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 https://essential.gg/privacy-policy, including, without limitation, in connection with winner selection, prize fulfillment, and as required by Applicable Law or permitted by the Promotion’s official rules, such as on a winner’s list.

User Content And License And Interactive Areas

User Content and Interactive Areas

To the extent any aspect of the Service contains interactive areas (collectively, “Interactive Areas”) where Users can submit, upload, post, or transmit content, information, and materials, including, without limitation, text, copyrightable materials or other original works of authorship, images, pictures, photos, designs, artwork, graphics, stills, musical compositions, sound recordings, audio content or files, videos or video files, audiovisual content or files, software, firmware, code, tools, databases, textual links, keywords, data or metadata, chats, Trademarks or other intellectual property of any kind or nature (collectively, “User Content”), each such User retains all right, title, and interest in and to their own User Content they submit, upload, post, or transmit in any Interactive Area, though by doing so grants to Essential a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferrable, assignable, sublicensable (through multiple tiers) right and license to use, display, reproduce, perform, adapt, translate, modify, publish, distribute, disseminate, and/or broadcast that User Content and create derivative works based thereupon in order for Essential to operate, promote, advertise, market, and improve upon the Service (the “User Content License”), without any payment, permission, or notification due from Essential.

By submitting, uploading, posting, or transmitting User Content, the applicable User is representing and warranting to Essential that they have all necessary rights, consents, and/or permissions to grant the User Content License. Do not submit, upload, post, or transmit any User Content for which you do not have the right (or are uncertain whether you have the right) to grant the User Content License, or that violates Applicable Law, the Minecraft Terms, or the rights of any Person, including, without limitation, any right of publicity, right of privacy, patent, copyright, or trademark, or other intellectual property or proprietary right, or constitutes “protected health information” or “sensitive information” as defined under Applicable Law.

Users Responsible for Their Own User Content

YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY AND ALL USER CONTENT THAT YOU SUBMIT, UPLOAD, POST, OR TRANSMIT IN INTERACTIVE AREAS UNDER YOUR ACCOUNT OR REAL NAME OR SCREEN NAME/PLAYER PROFILE (I.E., MINECRAFT UUID), WHICH YOU UNDERSTAND MAY BE PUBLICLY AVAILABLE OR VIEWABLE TO SOME OR ALL OTHER USERS OF THE SERVICE AND ATTRIBUTABLE TO YOU. ESSENTIAL DOES NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY SUCH USER CONTENT, NOR DOES IT GUARANTEE THAT YOUR INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS IN OR TO SUCH USER CONTENT WILL NOT BE INFRINGED OR MISAPPROPRIATED. To the extent enabled by the functionalities of the relevant aspect of the Service, you may remove your User Content from the Service 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. 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 Service.

Essential reserves the right to remove, reject, or delete any User Content submitted, uploaded, posted, or transmitted on or through the Service, but does not and cannot review all User Content and assumes no responsibility for doing so or monitoring such User Content or Interactive Areas, regardless of whether at any time Essential chooses, in its sole discretion, to monitor, restrict, or remove User Content. User Content and any opinions or ideas expressed therein are not endorsed by and do not necessarily reflect the views of Essential or its personnel, and Essential does not represent or warrant the truthfulness, accuracy, or reliability of any User Content appearing on the Service. If you determine or suspect the security of your Account or Registration Data have been compromised, please notify Essential immediately at requests@essential.gg.

By submitting, uploading, posting, or transmitting User Content, 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 Claim (as defined below) or recourse against Essential for any alleged or actual infringement or misappropriation of any intellectual property, proprietary, or other right under Applicable Law with respect thereto.

Nothing in or on the Service 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, 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.

Rules And Limitations For Using The Service

No aspects of the Service, nor any Service Content or any User Content belonging to another User, may 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 Service’s functionalities or without express prior written consent of Essential, or in the case of another User’s User Content, the applicable User.

Without limiting the generality of the foregoing, you may not use, allow or enable or knowingly condone any other Person to use, the Service to do or attempt to do any of the following, for any reason:

• Violate any applicable law, including, without limitation, under U.S. federal, state, local, and foreign laws, regulations, rules, judicial or governmental orders or requests, legal process, and treaties (as may be amended from time to time, collectively, “Applicable Law”), the Minecraft Terms, or Essential’s rights or the rights (including, without limitation, any intellectual property rights or rights of privacy or publicity) of any other individual, corporation, limited liability company, partnership, association, or other entity or party (each, a “Person”);
• Engage in conduct on or through the Service or submit, upload, post, or transmit User Content that is, in Essential’s sole discretion, libelous, slanderous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit or sexually suggestive, exploitive, racially, culturally or ethnically offensive, harmful, bullying, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or that would violate the legal rights of Essential or other Users or Persons;
• Impersonate Essential or any of its personnel or agents, any other User, or any other Person or otherwise use any fake, false, or fictitious names or profiles (including, without limitation, Minecraft UUIDs) or other Registration Data, or gain unauthorized use of the Service, other Users’ Accounts or Registration Data (including, without limitation, their Microsoft UUIDs or Personal Information);
• 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;
• Hack or interfere with any aspect of the Service or its servers or any connected networks or modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Service or the rights or use and enjoyment of the Service by any other User;
• Decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Service;
• Submit, upload, post, or transmit User Content using malicious or unauthorized code (e.g., viruses, time bombs, cancel bots, worms, Trojan horses, spyware) or other potentially harmful content, information, and materials or in any way interrupt, damage, interfere with, destroy, or limit the functionality of any computer software or hardware or communication equipment, including the Service;
• Use or otherwise export or re-export any aspect of the Service or any portion thereof or the Service Content or User Content in violation of the export control laws and regulations of the United States;
• Use any robot, spider, or other automated means to access, scrape, harvest, mine, or index the Service, the Service Content, or the services made available through the Service;
• Access, copy, reproduce, use, or create derivative works of any Service Content (including, without limitation, any Digital Goods or other products or services advertised and/or made available for purchase or redemption on or through the Service and information pertaining thereto) in connection with, or for purposes of training, any machine learning or artificial intelligence (AI) or similar technologies now known or hereafter devised, including, without limitation, technologies that are capable of generating works in the same style or genre as any of the foregoing (i.e., “generative AI”), whether for personal use, commercial use, or otherwise;
• Frame, transmit, reproduce, or display the Service, Service Content, or User Content, whether personally identifiable or not;
• Remove or alter, visually or otherwise, any copyrights, Trademarks, or proprietary marks and rights owned by Essential or any third-party licensor/owner thereof;
• Circumvent, remove, alter, deactivate, degrade, or thwart any content protections in the Service;
• Engage in any activity or fail to report any activity involving spam, junk email, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing” or other similar schemes;
• Use the Service or any Service Content for commercial or business purposes, including advertising, marketing, selling, or offering goods or services, whether or not for financial benefit or any other form of compensation or consideration or through linking with any other website or web pages;
• Use the Service or any Service Content 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;
• To the extent the Service functionalities allow for Product Reviews, submit, upload, post, or transmit any false, misleading, or spam Product Reviews
• Use, transfer, distribute, or dispose of the Service, Service Content, or User Content in any manner that could compete with the business of Essential; or
• Cause or induce any Person to engage in the restricted activities above.

Engaging in or permitting any of the foregoing restricted activities constitutes a material breach of these Terms of Use and may violate Applicable Law. Report offensive or illegal content to Essential at requests@essential.gg.

Claims Of Copyright Infringement And The Digital Millennium Copyright Act (DMCA)

Essential avails itself of the protections of the Digital Millennium Copyright Act, 17 U.S. Code § 512 (as may be amended from time to time, the “DMCA”) and will treat User Content that allegedly infringes a Person’s copyright in accordance with the requirements and procedures set forth therein and in these Terms of Use.

Designated Agent for Receiving Notices of Claimed Copyright Infringement and Counter Notices

Essential has designated an agent with the United States Copyright Office in accordance with the DMCA (the “Designated Agent”) and all notices of claimed copyright infringement and counter notices to Essential provided pursuant to the DMCA should be sent to:

ModCore Inc. Attention: DMCA Designated Agent Leopoldstr. 2-8 32051 Herford Germany

dmca@essential.gg

Notice of Claimed Copyright Infringement: If the owner of a copyrighted work or its agent of a copyrighted work (each, a “Copyright Claimant”) believes, in good faith, that any User Content infringes such copyrighted work under Applicable Law, such Copyright Claimant may provide the Designated Agent with a written notice containing the following in accordance with the DMCA:

• 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 within the Service the User Content that the Copyright Claimant claims is infringing may be found, sufficient for Essential to locate the allegedly infringing User Content;
• 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 or its agent or by Applicable Law;
• A statement by you under penalty of perjury under Applicable Law that the information in your notice of claimed copyright infringement 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.

If the Designated Agent receives notice of claimed copyright infringement in a manner that complies with the above requirements and the DMCA, Essential will respond expeditiously by removing, or disabling access to, the User Content that is claimed to be infringing or to be the subject of infringing activity. Failure to include all of the above information, especially specific information about where infringing User Content may be found, will result in a delay in the processing of your notice of claimed copyright infringement and may result in your having to repeat some or all of the above process.

Essential will also comply with the appropriate provisions of the DMCA in the event a counter notice is received as described below.

Applicable Law imposes substantial penalties for falsely submitting a notice of copyright infringement.

Counter Notice 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 dispute the removal by providing Essential with a written counter notice containing the following information in accordance with the DMCA:

• The User’s name, address, telephone number, and email address;
• A description of its User Content that was removed from the Service;
• A description of where within the Service the User Content that was removed previously appeared;
• A statement that the User has a good faith belief that its User Content 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 notice of claimed copyright infringement or an agent of that Person; and
• The User’s electronic or physical signature.

After the Designated Agent receives your counter notice, Essential will forward it, including any Personal Information contained therein, to the Copyright Claimant who submitted the original notice of claimed copyright infringement and to such other Persons as permitted or required by Applicable Law. After Essential forwards your counter notice, the Copyright Claimant must then notify Essential within ten (10) days that they have filed a Claim seeking a court order to restrain you from engaging in infringing activity relating to your User Content or other material on the Service. Essential will not restore the disputed User Content if it receives such notice from the Copyright Claimant. Essential may, but is not required to, restore the disputed User Content if it does not receive such notice from the Copyright Claimant.

If you reside outside of the United States of America, please understand that filing a counter notice may lead to legal proceedings between you and the Copyright Claimant to determine ownership of the copyrighted material that is subject to the notice of claimed copyright infringement, which could result in legal consequences in your country and/or the United States of America.

Repeat Infringer Policy

Essential enforces a policy that provides for the denial, suspension, or termination in appropriate circumstances of Accounts and access privileges for Users whose User Content repeatedly infringes other Persons’ copyrights.

Liability for Making False DMCA Claims or Counter Notices

Under the DMCA, any Person who knowingly materially misrepresents that material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification may be subject to liability, including, without limitation, monetary damages. If you are not sure whether certain User Content infringes your copyright or the copyrights of others or whether to file a counter notice in response to a claim of copyright infringement, Essential suggests that you first contact a licensed attorney. ESSENTIAL IS NOT YOUR ATTORNEY, AND THE INFORMATION PRESENTED HERE IS FOR INFORMATIONAL PURPOSES ONLY AND NOT AS LEGAL ADVICE. CONSULT WITH YOUR OWN ATTORNEY REGARDING ANY DMCA CLAIMS.

Third-Party Social Media Services, Content, And Products

Third-Party Social Media Services

From time to time, the Service may enable Users to post comments or other user-generated content on Discord, Facebook, Instagram, Threads, Twitter, and/or other social media services (collectively, “Third-Party Social Media Services”), which may be accessible or viewable (via the Service and/or on that Third-Party Social Media Services) to the poster’s so-called friends, followers, or connections or others who have access to view their social media postings, and may personalize and otherwise enhance the User’s experience with the Service based on the information they share with those Third-Party Social Media Services, such as basic information, likes, and interests. Pay careful attention to your account settings and privacy settings on those Third-Party Social Media Services, which will impact this feature of the Service and may give you some control over the information that is shared and who it is shared with, including with Essential. See the websites of these Third-Party Social Media Services for more details.

Third-Party Content

Within Interactive Areas, User Content may include embedded third-party content or links (such as hyperlinks) to third-party websites (including Third-Party Social Media Services), products, or services (including external websites that are framed by the Service as well as any advertisements displayed in connection therewith) that are owned and/or controlled by Persons other than Essential (collectively, “Third-Party Content”). Third-Party Content is provided as an information service for Users’ reference and convenience only. 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.

Third-Party Products

Certain parts of the Service may contain links to or advertisements for websites (including, without limitation, Third-Party Social Media Services) operated by third-party Persons not owned or controlled by Essential, and may enable Users to purchase certain goods and services from third-party Persons (“Third-Party Products”). The links to and advertisements concerning Third-Party Products are provided for your convenience only.

Policies, Terms, and Conditions Applicable to Third-Party Products and Services

Your use and access (and, where applicable, purchase) of Third-Party Social Media Services, Third-Party Content, and Third-Party Products may be subject to additional terms and conditions of use, guidelines, rules, privacy policies, and other practices as determined by the service providers, advertisers, marketers, or sellers thereof—not of Essential.

Feedback

Any feedback, analyses, suggestions, and comments that you provide to Essential pertaining to any aspect of the Service or to Essential’s business generally will belong exclusively to Essential, in perpetuity, and Essential may use, exploit, and commercialize any or all of the foregoing or any derivative thereof in any embodiment, manner, or media now known or hereafter devised, without any remuneration, compensation, or credit to you.

Suspension And Termination Of Accounts And Service Offerings

Suspension or Termination of Access and Accounts

Essential may deny, suspend, or terminate your access to any or all aspects of the Service or to your Account at any time, without prior notice to you, for any reason or no reason, including, without limitation, if you assert or bring any Claim against Essential or that involves any aspect of the Service, and you agree that Essential shall not be liable to you or any Person for any such termination.

You may terminate these Terms of Use at any time by ceasing all use of the Service, subject to the “Survival” section below.

Suspension or Discontinuation of Service Offerings

Essential reserves the right to modify, suspend, or discontinue any or all aspects of the Service (including, without limitation, any Mods, Coins, any Digital Goods, the Store, and any Subscription Services) and/or access to it at any time, for any reason or no reason, without prior notice to you or any other Users, and Essential will not be liable to you should it exercise such rights, even if your use thereof is impacted by the change.

Survival

All provisions of these Terms of Use, the Privacy Policy, and any Additional Terms, which by their nature, should survive termination of your access to the Service, including, without limitation, any provision which must survive to allow Essential to enforce any of the foregoing, shall continue in full force and effect upon termination thereof.

Indemnification

By using the Service, you agree to indemnify, defend, and hold harmless Essential and its parent, subsidiary, and affiliate companies and each of their respective officers, directors, stockholders, managers, members, limited and general partners, joint venturers, employees, independent contractors, consultants, operational service providers (including, without limitation, any and all Payment Processors), suppliers, vendors, licensors, licensees, attorneys, advisors, representatives, agents, heirs, successors, and assigns (collectively, the “Indemnitees”) from and against from and against any and all losses, damages, liabilities, penalties, fines, costs, and expenses, including, without limitation, attorneys’ fees and court costs (collectively, “Losses”), arising from or relating to any claim, action, cause of action, demand, or allegation of any and every kind, nature, and character, whether based in whole or in part in contract, tort, negligence, statute, or otherwise (each, a “Claim”), brought or asserted by a third-party Person to the extent arising from (i) your breach or violation, or allegation which if true would constitute a breach or violation, of any representation, warranty, or obligation of these Terms of Use or any Additional Terms; (ii) your use or misuse of the Service or Service Content; (iii) any violation, or allegation which if true would constitute a violation, of Applicable Law, including, without limitation, any infringement, misappropriation, or violation of the rights of any third-party Person in connection with your User Content; (iv) your User Content or Essential’s exercise of the User Content License in accordance with the terms thereof, or your conduct in any Interactive Area; or (vi) any unauthorized use, or allegation which if true would constitute an unauthorized use, of your Account.

The applicable Indemnitee shall notify you in writing of any 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 the relevant Indemnitee’s prior written consent; provided, further, Essential reserves the right to assume the exclusive defense and control of any such Claim at your sole cost and expense.

Disclaimer Of Warranties; Limitation Of Liability; Basis Of The Bargain

General Disclaimer of Warranties; Nature of the Service

ALTHOUGH ESSENTIAL MAY UPDATE THE SERVICE CONTENT FROM TIME TO TIME, SOME OF THE CONTENT, INFORMATION, OR MATERIALS PROVIDED ON OR THROUGH THE SERVICE MAY BE OUT OF DATE AND/OR MAY CONTAIN ERRORS OR INACCURACIES. YOU RELY ON THE CONTENT, INFORMATION, AND MATERIALS CONTAINED ON THE SERVICE AT YOUR OWN RISK. THE SERVICE AND THE SERVICE CONTENT ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO GUARANTY OR ASSURANCE THAT ALL OR ANY PART OF THE SERVICE WILL BE AVAILABLE FOR USE, PERFORM AS DESCRIBED, OR THAT THE SERVICE AND THE SERVICE CONTENT ARE ACCURATE, TIMELY, COMPLETE, OR ERROR-FREE OR FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS, AND YOU SHOULD NOT RELY ON THE SERVICE OR ANY SERVICE CONTENT FOR ANY DECISIONS OR ACTIONS YOU MAY OR MAY NOT CHOOSE TO MAKE OR TAKE. NEITHER ESSENTIAL NOR ANY OTHER INDEMNITEES SHALL BE RESPONSIBLE NOR LIABLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, LOSS OF DATA, OR INABILITY TO ACCESS OR USE THE SERVICE OR THE SERVICE CONTENT, EVEN IF DUE TO MALICIOUS OR UNAUTHORIZED CODE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE MECHANISMS TO PROTECT AND SECURE YOUR EQUIPMENT, PROGRAMS, AND INFORMATION BECAUSE YOU ARE ASSUMING ALL RISK OF LOSS OR DAMAGE THAT MAY ARISE OR BE ASSOCIATED WITH USE OF THE SERVICE.

Disclaimer of Third-Party Social Media Services, Third-Party Content, and Third-Party Products

ESSENTIAL DOES NOT CONTROL ANY THIRD-PARTY SOCIAL MEDIA SERVICES, THIRD-PARTY CONTENT, OR THIRD-PARTY PRODUCTS OR ANY OTHER PRODUCT OR SERVICE THAT MAY BE ADVERTISED OR OFFERED THROUGH THE SERVICE OR ANY HYPERLINKS OR BANNER ADVERTISEMENTS OR POP-UPS APPEARING ANYWHERE IN THE SERVICE, NOR DOES ESSENTIAL WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY THEREFOR. WITH RESPECT TO THIRD-PARTY SOCIAL MEDIA SERVICES, THIRD-PARTY CONTENT, OR THIRD-PARTY PRODUCTS, ESSENTIAL IS NOT RESPONSIBLE FOR THEIR (I) AVAILABILITY OR ACCURACY, (II) CONTENT, ADVERTISING, OR PRODUCTS OR SERVICES, (III) INFRINGING NATURE, OR (IV) THE THIRD-PARTY PERSONS’ PRIVACY PRACTICES, AND INCLUSION THEREOF IN ANY ASPECT OF THE SERVICE DOES NOT CONSTITUTE OR INDICATE ESSENTIAL’S ENDORSEMENT THEREOF AND ESSENTIAL SHALL NOT BE LIABLE OR RESPONSIBLE THEREFOR OR FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. 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. YOU EXPRESSLY RELEASE AND HOLD ESSENTIAL HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY SOCIAL MEDIA SERVICES OR THIRD-PARTY CONTENT OR PURCHASE OF ANY THIRD-PARTY PRODUCTS, INCLUDING ANY LOSSES INCURRED AS A RESULT THEREOF OR AS A RESULT OF SUCH THIRD-PARTY PERSONS’ PRIVACY PRACTICES, OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD-PARTY SOCIAL MEDIA SERVICES, THIRD-PARTY CONTENT, OR THIRD-PARTY PRODUCT ON THE SERVICE OR THE FAILURE OF SUCH THIRD-PARTY SOCIAL MEDIA SERVICES, THIRD-PARTY CONTENT, OR THIRD-PARTY PRODUCT TO FUNCTION AS INTENDED.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ESSENTIAL DISCLAIMS, FOR ITSELF AND ON BEHALF OF THE OTHER INDEMNITEES, ALL LIABILITY FOR LOSS, DAMAGE, COST, AND/OR EXPENSE OF ANY KIND IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICE AND THE SERVICE CONTENT, OR FROM THESE TERMS OF USE, ANY ADDITIONAL TERMS, OR THE MINECRAFT TERMS, INCLUDING, WITHOUT LIMITATION, DIRECT, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES OR PENALTIES (INCLUDING, WITHOUT LIMITATION, DAMAGES TO BUSINESS REPUTATIONS, LOST BUSINESS, LOST PROFITS, OR LOSS OF GOODWILL), REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM AND WHETHER OR NOT YOU WERE ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF DAMAGES. APPLICABLE LAW MAY NOT ALLOW EXCLUSIONS OF CERTAIN WARRANTIES OR LIMITATIONS ON CERTAIN DAMAGES SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU UNDER APPLICABLE LAW. IF ANY LIMITATION OR EXCLUSION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY APPLICABLE LAW, ESSENTIAL AND THE OTHER INDEMNITEES SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS AND EXCLUSIONS PERMITTED BY APPLICABLE LAW; PROVIDED, HOWEVER, IN NO EVENT SHALL ESSENTIAL OR THE OTHER INDEMNITEES’ TOTAL AND COLLECTIVE LIABILITY TO YOU EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

YOU ACKNOWLEDGE AND AGREE THAT ESSENTIAL HAS OFFERED ITS SERVICE AND ENTERED INTO THESE TERMS OF USE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ESSENTIAL AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ESSENTIAL. YOU ACKNOWLEDGE AND AGREE THAT ESSENTIAL WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN.

Communications From Essential

By using the Service, you may be automatically subscribed to receive certain email notifications and other content, information, and materials from Essential (collectively, “Automatic Communications”) and/or be provided the option to select and receive certain email notifications and other content, information, and materials from Essential (collectively, “Voluntary Communications”). You will always have the option to unsubscribe from Voluntary Communications and promotional Automatic Communications. For details, see the section of the Privacy Policy entitled “Opting-Out of Promotional Emails.”

Service Testing; Updates And Maintenance

Essential may, from time to time, test various aspects of the Service, including the Website, user interfaces, service levels, plans, promotions, and features associated therewith, and reserves the right to include you in or exclude you from these tests without notice. Essential may, from time to time, update some or all aspects of the Service, or any portion thereof, which may involve changes to the Service Content and/or features of the Service. Essential shall not be liable to any User in any way as a result of any temporary suspension of the Service, or portions thereof, arising from or in connection with any testing or updates to the Service. The terms of the Service License granted to you herein shall apply in full to any updated versions of the Service.

Geographic Disclaimer

We make no representations that the Service is appropriate or available for use in other locations outside of the United States of America. Access to the Service and the Service Content may not be legal for some persons or in some countries outside the United States of America. If you elect to access and use the Service from outside of the United States of America, you do so at your own risk and are solely responsible for complying with all Applicable Law.

Governing Law; Dispute Resolution; Waivers Of Certain Legal Rights.

Governing Law

The Terms of Use, as well as the Privacy Policy and all Additional Terms, are governed by and shall be construed in accordance with the laws of the United States of America and of the State of New York without reference to its principles of conflicts of laws. The Uniform Computer Information Transactions Act shall not apply to these Terms of Use.

Resolving Disputes with Essential

Any Claim or other dispute arising out of or relating to these Terms of Use, the Privacy Policy, Additional Terms, the Service, the Service Content, or otherwise with respect to the subject matter hereof shall be adjudicated exclusively in either the United States Federal courts or the New York State courts situated in the County of New York in the State of New York, and you hereby irrevocably waive all jurisdictional, venue, or inconvenient forum objections to such courts.

Remedies

With respect to any Claim or other dispute arising out of or relating to these Terms of Use, the Privacy Policy, Additional Terms or any User’s breach of these Terms of Use or any other act or omission giving rise thereto, all remedies available to a party under Applicable Law (whether at law or in equity) or pursuant to these Terms of Use, the Privacy Policy, or any Additional Terms shall be cumulative.

Waiver of Jury Trial

YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY IN ANY CLAIM OR OTHER DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE PRIVACY POLICY, ADDITIONAL TERMS, THE SERVICE, THE SERVICE CONTENT, OR OTHERWISE WITH RESPECT TO THE SUBJECT MATTER HEREOF.

Waiver of Class Actions

YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY CLAIM OR OTHER DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE PRIVACY POLICY, ADDITIONAL TERMS, THE SERVICE, THE SERVICE CONTENT, OR OTHERWISE WITH RESPECT TO THE SUBJECT MATTER HEREOF WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY SUCH CLAIM HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO SUCH CLAIM WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER CLAIM OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ESSENTIAL AND ALL OTHER PARTIES TO ANY SUCH PROCEEDING.

Limitation of Time to Bring a Claim

You agree that, regardless of any Applicable Law to the contrary, any Claim or other dispute arising out of or relating to these Terms of Use, the Privacy Policy, Additional Terms, the Service, the Service Content, or otherwise with respect to the subject matter hereof must be brought with a court of competent jurisdiction within one (1) year from the date such Claim or cause of action arose (or if multiple causes, from the date the first such Claim or cause of action arose) or else will be forever and permanently barred.

Right To Investigate And Notify To Law Enforcement

In addition to all of its other rights and remedies, Essential reserves the right, but in no event assumes any obligation, to investigate and/or report and provide information to any and all regulatory and law enforcement authorities and agencies (and, with respect to the Minecraft Terms, to Mojang AB and/or Microsoft Corporation) any reported acts, omissions, or circumstances that may or could (i) breach or violate these Terms of Use, the Privacy Policy, any Additional Terms, the Minecraft Terms, or Applicable Law, (ii) compromise or endanger the health, wellbeing, or safety of any User or other individual person, (iii) cause or lead to damage to any Persons or property (tangible or intangible), (iv) adversely affect, infringe upon, or misappropriate the rights of any Person, (v) harass any User or other Person or interfere with any User’s use and enjoyment of the Service, or (vi) interfere with or bypass Essential’s security or other protective measures applicable to Essential’s systems, networks, and communications capabilities. In connection with its investigation or reporting thereof, Essential reserves the right to disclose any information, including, without limitation, any User’s Personal Information and information pertaining to their usage of the Service, as Essential deems necessary or appropriate to law enforcement officials, regulators, or other third-party Persons (including, without limitation, Mojang AB or Microsoft Corporation).

Entire Agreement

These Terms of Use, together with the Privacy Policy and any Additional Terms that apply to you, constitute the entire agreement you have with Essential regarding the Service, the Service Content, and other subject matter set forth herein and supersede all prior or contemporaneous discussions, understandings, and agreements, whether oral or written, between you and Essential relating to the subject matter hereof.

Severability; Headings

If any term, provision, or condition, or any part thereof, of these Terms of Use or the Privacy Policy or any Additional Terms shall for any reason be found or held invalid or unenforceable by any court of competent jurisdiction, such invalidity or unenforceability shall not affect the remainder of such term, provision, or condition nor any other term, provision, or condition, and these Terms of Use or the Privacy Policy or any Additional Terms (as the case may be) shall survive and be construed as if such invalid or unenforceable term, provision, or condition had not been contained therein. Headings are purely for reference and shall not affect the meaning of any term or condition.

Assignment

Essential may assign, delegate, subcontract, or transfer its rights, obligations, and/or duties under these Terms of Use, the Privacy Policy, or any Additional Terms to any Person, at any time, without notice to you. You may not assign, delegate, subcontract, or transfer any of your rights, obligations, or duties under these Terms of Use, the Privacy Policy, or any Additional Terms to anyone else.

Waiver

Any provision of these Terms of Use, the Privacy Policy, or any Additional Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Essential to exercise or enforce any right or provision of these Terms of Use, the Privacy Policy, or any Additional Terms will not constitute a waiver of such right or provision.

Notices

Any notice, demand, or other communication required or permitted to be given under these Terms of Use, the Privacy Policy, or any Additional Terms shall be in writing, and provided as follows:

Notices to You

Essential may deliver such notice to you at any time via email or an Automatic Communication, a general notice on or through the Service, or via the U.S. Postal Service, by registered or certified mail, with postage and fees prepaid and return receipt requested, or a courier service (e.g., FedEx, UPS, DHL) with shipping charges prepaid, to your address Essential has on file (if any).

Notices to Essential

You may deliver such notice to Essential at any time via the U.S. Postal Service, by registered or certified mail, with postage and fees prepaid and return receipt requested, or a courier service (e.g., FedEx, UPS, DHL) with shipping charges prepaid, to the following address:

ModCore Inc. Leopoldstraße 2-8 32051 Herford Germany

Notice For California Residents

Under California Civil Code Section 1789.3, Users from California are entitled to receive information on how to resolve a complaint regarding the Service or to receive further information regarding use of the Service. Such complaints or requests must be submitted to Essential in the manner set forth in the Notices section above.

Contact Us

If you have any questions about these Terms of Use, please contact Essential in the manner set forth in the Notices section above or by email at requests@essential.gg.

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