Legal Notice

Empirematics
by Blum Group & Darius Flecken
Lina-Hähnle Weg 31
75417 Mühlacker
Germany



About Us

Empirematic's vision is to contribute significantly to the growth of Age of Empires 2. In order to do so, we host High Level Tournaments for Age of Empires II Definitive Edition & The Empirematics League. Our approach is unprecedented as we are aiming at creating competitive tournaments for every skill bracket. Our long-term vision is to enable every Age of Empire-Player to compete in matches that truely matter to them.

As this is a new endeavor, we appreciate your support - participate by playing in the tournament or enjoying our twitch channel & tell your friends about us. If you want to support us financially - you'll can do that through:

Support us
Privacy Policy

Personal data (usually referred to just as "data" below) will only be processed by us to the extent necessary and for the purpose of providing a functional and user-friendly website, including its contents, and the services offered there.

Per Art. 4 No. 1 of Regulation (EU) 2016/679, i.e. the General Data Protection Regulation (hereinafter referred to as the "GDPR"), "processing" refers to any operation or set of operations such as collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment, or combination, restriction, erasure, or destruction performed on personal data, whether by automated means or not.

The following privacy policy is intended to inform you in particular about the type, scope, purpose, duration, and legal basis for the processing of such data either under our own control or in conjunction with others. We also inform you below about the third-party components we use to optimize our website and improve the user experience which may result in said third parties also processing data they collect and control.

Our privacy policy is structured as follows:

I. Information about us as controllers of your data
II. The rights of users and data subjects
III. Information about the data processing



I. Information about us as controllers of your data

The party responsible for this website (the "controller") for purposes of data protection law are the persons indicated at Legal Notice.


II. The rights of users and data subjects

With regard to the data processing to be described in more detail below, users and data subjects have the right

  • to confirmation of whether data concerning them is being processed, information about the data being processed, further information about the nature of the data processing, and copies of the data (cf. also Art. 15 GDPR);
  • to correct or complete incorrect or incomplete data (cf. also Art. 16 GDPR);
  • to the immediate deletion of data concerning them (cf. also Art. 17 DSGVO), or, alternatively, if further processing is necessary as stipulated in Art. 17 Para. 3 GDPR, to restrict said processing per Art. 18 GDPR;
  • to receive copies of the data concerning them and/or provided by them and to have the same transmitted to other providers/controllers (cf. also Art. 20 GDPR);
  • to file complaints with the supervisory authority if they believe that data concerning them is being processed by the controller in breach of data protection provisions (see also Art. 77 GDPR).

In addition, the controller is obliged to inform all recipients to whom it discloses data of any such corrections, deletions, or restrictions placed on processing the same per Art. 16, 17 Para. 1, 18 GDPR. However, this obligation does not apply if such notification is impossible or involves a disproportionate effort. Nevertheless, users have a right to information about these recipients.

Likewise, under Art. 21 GDPR, users and data subjects have the right to object to the controller's future processing of their data pursuant to Art. 6 Para. 1 lit. f) GDPR. In particular, an objection to data processing for the purpose of direct advertising is permissible.

III. Information about the data processing

Your data processed when using our website will be deleted or blocked as soon as the purpose for its storage ceases to apply, provided the deletion of the same is not in breach of any statutory storage obligations or unless otherwise stipulated below.

Server data

For technical reasons, the following data sent by your internet browser to us or to our server provider will be collected, especially to ensure a secure and stable website: These server log files record the type and version of your browser, operating system, the website from which you came (referrer URL), the webpages on our site visited, the date and time of your visit, as well as the IP address from which you visited our site.

The data thus collected will be temporarily stored, but not in association with any other of your data.

The basis for this storage is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the improvement, stability, functionality, and security of our website.

The data will be deleted within no more than seven days, unless continued storage is required for evidentiary purposes. In which case, all or part of the data will be excluded from deletion until the investigation of the relevant incident is finally resolved.

Cookies

a) Session cookies

We use cookies on our website. Cookies are small text files or other storage technologies stored on your computer by your browser. These cookies process certain specific information about you, such as your browser, location data, or IP address.  

This processing makes our website more user-friendly, efficient, and secure, allowing us, for example, to display our website in different languages or to offer a shopping cart function.

The legal basis for such processing is Art. 6 Para. 1 lit. b) GDPR, insofar as these cookies are used to collect data to initiate or process contractual relationships.

If the processing does not serve to initiate or process a contract, our legitimate interest lies in improving the functionality of our website. The legal basis is then Art. 6 Para. 1 lit. f) GDPR.

When you close your browser, these session cookies are deleted.

b) Third-party cookies

If necessary, our website may also use cookies from companies with whom we cooperate for the purpose of advertising, analyzing, or improving the features of our website.

Please refer to the following information for details, in particular for the legal basis and purpose of such third-party collection and processing of data collected through cookies.

c) Disabling cookies

You can refuse the use of cookies by changing the settings on your browser. Likewise, you can use the browser to delete cookies that have already been stored. However, the steps and measures required vary, depending on the browser you use. If you have any questions, please use the help function or consult the documentation for your browser or contact its maker for support. Browser settings cannot prevent so-called flash cookies from being set. Instead, you will need to change the setting of your Flash player. The steps and measures required for this also depend on the Flash player you are using. If you have any questions, please use the help function or consult the documentation for your Flash player or contact its maker for support.

If you prevent or restrict the installation of cookies, not all of the functions on our site may be fully usable.

Customer account/registration

If you create a customer account with us via our website, we will use the data you entered during registration (e.g. your name, your address, or your email address) exclusively for services leading up to your potential placement of an order or entering some other contractual relationship with us, to fulfill such orders or contracts, and to provide customer care (e.g. to provide you with an overview of your previous orders or to be able to offer you a wishlist function). We also store your IP address and the date and time of your registration. This data will not be transferred to third parties.

During the registration process, your consent will be obtained for this processing of your data, with reference made to this privacy policy. The data collected by us will be used exclusively to provide your customer account. 

If you give your consent to this processing, Art. 6 Para. 1 lit. a) GDPR is the legal basis for this processing.

If the opening of the customer account is also intended to lead to the initiation of a contractual relationship with us or to fulfill an existing contract with us, the legal basis for this processing is also Art. 6 Para. 1 lit. b) GDPR.

You may revoke your prior consent to the processing of your personal data at any time under Art. 7 Para. 3 GDPR with future effect. All you have to do is inform us that you are revoking your consent.

The data previously collected will then be deleted as soon as processing is no longer necessary. However, we must observe any retention periods required under tax and commercial law.

Newsletter

If you register for our free newsletter, the data requested from you for this purpose, i.e. your email address and, optionally, your name and address, will be sent to us. We also store the IP address of your computer and the date and time of your registration. During the registration process, we will obtain your consent to receive this newsletter and the type of content it will offer, with reference made to this privacy policy. The data collected will be used exclusively to send the newsletter and will not be passed on to third parties.

The legal basis for this is Art. 6 Para. 1 lit. a) GDPR.

You may revoke your prior consent to receive this newsletter under Art. 7 Para. 3 GDPR with future effect. All you have to do is inform us that you are revoking your consent or click on the unsubscribe link contained in each newsletter.

Google Analytics

We use Google Analytics on our website. This is a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland (hereinafter: Google).

The Google Analytics service is used to analyze how our website is used. The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the analysis, optimization, and economic operation of our site.

Usage and user-related information, such as IP address, place, time, or frequency of your visits to our website will be transmitted to a Google server in the United States and stored there. However, we use Google Analytics with the so-called anonymization function, whereby Google truncates the IP address within the EU or the EEA before it is transmitted to the US.

The data collected in this way is in turn used by Google to provide us with an evaluation of visits to our website and what visitors do once there. This data can also be used to provide other services related to the use of our website and of the internet in general.

Google states that it will not connect your IP address to other data. In addition, Google provides further information with regard to its data protection practices at

https://www.google.com/intl/de/policies/privacy/partners,

including options you can exercise to prevent such use of your data.

In addition, Google offers an opt-out add-on at

https://tools.google.com/dlpage/gaoptout?hl=en

in addition with further information. This add-on can be installed on the most popular browsers and offers you further control over the data that Google collects when you visit our website. The add-on informs Google Analytics' JavaScript (ga.js) that no information about the website visit should be transmitted to Google Analytics. However, this does not prevent information from being transmitted to us or to other web analytics services we may use as detailed herein.

FontAwesome

In order to be able to display fonts and visual elements of our website, we use FontAwesome’s external fonts.  FontAwesome is a service of

Fonticons Inc., 6 Porter Road, Apartment 3R, Cambridge, MA 02140, USA, hereinafter referred to as "FontAwesome".

When you access our website, a connection is established to the FontAwesome server in the USA in order to enable and update the display of fonts and visual elements.

The legal basis is Art.  6 para. 1 lit. f) GDPR. Our legitimate interest lies in the optimisation and economic operation of our website.

By connecting to the FontAwesome server when you access our website, FontAwesome can determine from which website your request was sent and to which IP address the font should be sent.

At

https://fontawesome.com/privacy

FontAwesome offers further information, in particular on the options for preventing data use.

BootstrapCDN

We use the service BootstrapCDN, a content delivery network (“CDN”), on our website to optimise the speed of retrieval, the design and presentation of the contents of our website on different devices.  This is a service of StackPath, LLC, 2021 McKinney Ave.  Suite 1100, Dallas, TX 75201, USA, hereinafter simply referred to as "BootstrapCDN".

In order to be able to deliver the content of our website quickly, the service uses so-called JavaScript libraries.  Corresponding files are loaded from a BootstrapCDN server that records your IP address. 

At

https://www.stackpath.com/legal/master-service-agreement/#privacy  

Prospectone Sp.z.o.o. offers further data protection information.

The legal basis is Art.  6 para. 1 lit. f) GDPR. Our legitimate interest lies in speeding up loading times and protecting our website, as well as in analysing and optimising our website.

To totally prevent the execution of BootstrapCDN’s JavaScript code, you can install a so-called JavaScript blocker, such as noscript.net or ghostery.com.  If you were to prevent or restrict the execution of the Java Script code, this can mean that for technical reasons not all the content and functions of our website may be available.

jQuery CDN

We use the service jQuery CDN, a Content Delivery Network ("CDN"), on our website to optimise the retrieval speed, the design and presentation of the content of our website on different devices. 

This is a service of the jQuery Foundation, hereinafter referred to as "jQuery". jQuery is distributed for the JS Foundation via the StackPath CDN.

In order to be able to deliver the content of our website quickly, the service uses so-called JavaScript libraries.  Relevant files are loaded from the CDN server if they are not already available in your browser cache when you visit another website.  In the case of a connection to the CDN server, your IP address is recorded.  It cannot be ruled out that a connection will be established to a server outside the EU.

The legal basis is Art.  6 para. 1 lit. f) GDPR. Our legitimate interest lies in speeding up loading times and protecting our website, as well as in analysing and optimising our website.

To totally prevent the execution of jQuery’s JavaScript code, you can install a so-called JavaScript blocker, such as noscript.net or ghostery.com. . If you were to prevent or restrict the execution of the Java Script code, this can mean that for technical reasons not all the content and functions of our website may be available.

Google AdSense

We use Google AdSense on our website to integrate advertisements. This is a service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland (hereinafter: Google).

Google AdSense stores cookies and web beacons on your device via your browser. This enables Google to analyze how you use our website. In addition to your IP address and the advertising formats displayed, the information thus collected will be transmitted to Google in the USA and stored there. Google may also share this information with third parties. Google states that it will not connect your IP address to other data.

The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the analysis, optimization, and economic operation of our site.

If you do not agree to this processing, you have the option of preventing the installation of cookies by making the appropriate settings in your browser. Further details can be found in the section about cookies above.

In addition, Google offers an opt-out add-on at

https://policies.google.com/privacy

https://adssettings.google.com/authenticated

in particular on options for preventing the use of data.

Model Data Protection Statement for Anwaltskanzlei Weiß & Partner

Terms & Conditions

1. Binding Agreement
The Terms are a binding legal contract between you and Empirematics. Please read the Terms carefully before using the Services. By using the Services, you accept and agree to be bound by the Terms, including any future modifications, and to abide by all applicable laws, rules and regulations (“Applicable Law”). Do not use the Services if you do not accept the Terms. We may modify the Terms at any time. We will post any modified Terms of Use and update the effective date to reflect the date of the changes. Your use of the Services after we post modifications to the Terms means that you accept the modified Terms. It is therefore important that you review the Terms regularly. If you do not agree to be bound by the Terms and to abide by all Applicable Law, you must discontinue use of the Services immediately.


2. Privacy
Use of Empirematics Services is also governed by our Privacy Policy. By using the Services, you acknowledge that you have read the Privacy Policy.

3. Registration and Security
You may register for certain interactive and membership activities provided through the Services. For example, all registered users will be eligible to create profiles. Non-members who register will have limited, read-only access to certain password protected areas. Members who register will be able to interact with other users and access additional password protected areas containing premium content that is not available to non-members. When you register or provide any other information in connection with the Services, you agree to provide accurate, current, and complete information and to promptly update this information to maintain its accuracy. All users are responsible for maintaining the confidentiality of any password and username that is given or selected, and are responsible for all activities that occur under that password or account. It is therefore critical that you do not share your password with anyone, or otherwise make it available to anyone. You agree not to use the account, username, email address or password of another Empirematics member at any time and not to allow any other person to use your account. You agree to notify Empirematics immediately if you suspect any unauthorized use of, or access to, your account or password. In no event shall you publish, retransmit, redistribute, hyperlink to, or otherwise reproduce in any format to anyone the information contained in password-protected areas of Empirematics website.

4. User Submissions
You understand that you are responsible for all content that you post, upload, transmit, email or otherwise make available on, through or in connection with the Services (collectively, “User Content”). It is critical that you choose User Content carefully. You agree not use the Services to take any action that could harm us or anyone else, interfere with the Services, or use the Services in a manner that violates any law. For example, you agree not to: Post, upload or otherwise transmit or link to content that is: unlawful; threatening; offensive; abusive; hateful; harassing; discriminatory; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; or libelous; Impersonate any person or misrepresent your credentials or any information you provide; Delete or revise any information provided by or pertaining to any other user; Post, upload or otherwise transmit an image or video of another person without that person’s consent, or otherwise use another’s information, account, or password, except as expressly permitted; Exploit or endanger a minor; Upload or transmit content that infringes patent, trademark, trade secret, copyright, or other proprietary rights of any party or that you do not have a right to transmit under law or contractual or fiduciary relationships and agreements; Engage in commercial activities (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the content provided through the Services; or building a business using the content provided through the Services) without prior written approval, including without limitation the display of commercial banners; Post or transmit unauthorized or unsolicited advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or other solicitation; Use the Services to advertise or promote competing services; Cover, remove, disable, block or obscure advertisements or other portions of the Services; Use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Services, or to circumvent or modify any security technology or software that is part of the Services; Interfere with, disrupt, or make excessive or harmful automated use of Empirematics website, servers or networks, or otherwise take any action that imposes an unreasonable load on our network or infrastructure; Use any device, software, or program to interfere with the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device, or network; Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise interfere with any software that is a part of the Services, or use any tools for compromising security (e.g., password-guessing programs, cracking tools, or network probing tools); Engage in any other conduct that restricts any person from using the Services, or that, in our sole judgment, exposes us, users, or any other third party to any liability, damages, or detriment of any type; Use the Services in a manner inconsistent with any and all Applicable Law; or Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing. Empirematics reserves the following rights, but disclaims any obligations or responsibilities, to take the following actions that relate to user activity: Removing User Activity: Empirematics reserves the right to remove User Content that violates this Agreement, as determined by Empirematics in its sole discretion and without notice to you. You acknowledge Empirematics reserves the right to investigate and take appropriate legal action against anyone who, in Empirematics’s sole discretion, violates these Terms, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities. Accessing, Using, and Disclosing User Activity: Empirematics reserves the right to access, preserve or disclose information you provide through its services, including User Content and your account registration information, including when Empirematics has a good faith belief that such access, preservation or disclosure is necessary in order to: (1) protect, enforce, or defend the legal rights, privacy, safety, or property of Empirematics, our parents, subsidiaries or affiliates, or their employees, agents and contractors (including enforcement of this Agreement or our other agreements); (2) protect the safety, privacy, and security of users of the Services or members of the public including in urgent circumstances; (3) protect against fraud or for risk management purposes; (4) comply with the law or legal process; or (5) respond to requests from public and government authorities. If Empirematics sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Empirematics may transfer your information to the party or parties involved in the transaction as part of that transaction. Third Party Disclosure: We also have the right to disclose your identity to any third party who is claiming that any User Content you provide us or others in connection with the Services constitutes a violation of the third party’s intellectual property rights, of the third party’s right to privacy, or of any other applicable local, state, national, or international law. Storage Capacity: Empirematics reserves the right to limit the storage capacity of User Content. You assume full responsibility for maintaining backup copies of your User Content, and Empirematics assumes no responsibility for any loss of your User Content due to its being removed by Empirematics or for any other reason.

5. Your Content
By posting or transmitting any User Content on, through or in connection with the Services, you hereby grant to Empirematics and our affiliates, licensees, assignees, and authorized users a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free, freely sublicensable, transferable (in whole or in part) right (including any moral rights) and license to use, modify, excerpt, adapt, publish, translate, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, sublicense, and distribute such User Content, including your name, voice, likeness and other personally identifiable information to the extent that such is contained in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes. Additionally, Empirematics is free to use any ideas, concepts, know-how, or techniques contained within such User Content for any purpose including, but not limited to, developing, manufacturing, marketing and providing commercial products and services, including Services. Empirematics’s use of such User Content shall not require any further notice or attribution to you and such use shall be without the requirement of any permission from or any payment to you or any other person or entity. You hereby appoint Empirematics as your agent with full authority to execute any document or take any action Empirematics may consider appropriate in order to confirm the rights granted by you to Empirematics in this Agreement. You represent that you have obtained all necessary permissions from any person or entity identified in or implicated by your submission (including those shown in photographic or video content), and, in the case of minors, also from their parents or legal guardians, as appropriate.

6. Intellectual Property
All content, code, software, and any other materials that are part of the Services other than any content you may submit (collectively, the “Empirematics Content”) is the property of Empirematics. If you comply with these Terms, you may use the Services and print or otherwise retain copies of Empirematics Content only without modification and for noncommercial, informational, and personal use. Copyright and Other Intellectual Property Rights. Empirematics Content is protected under the copyright laws of Germany and other countries. You acknowledge that all copyrights and other intellectual property rights related to the Services are owned by Empirematics or its third-party licensors to the full extent permitted under Germany Copyright Act, international copyright laws, and all other applicable laws. Unless expressly permitted by an authorized person in writing or as permitted by applicable law, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of Empirematics Content. No association with any company, organization, product, domain name, e-mail address, logo, person, place, or event is intended or should be inferred unless otherwise expressly stated. Trade and Service Marks. You acknowledge and agree that all Empirematics logos and marks as well as other proprietary materials depicted in connection with the Services and Empirematics Content are the property of Empirematics and may not be used commercially without the prior written consent of Empirematics. Infringement. Empirematics respects the intellectual property of others and requires that our users do the same. Except as expressly authorized by Empirematics, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on Empirematics website, in whole or in part. You may not reformat or display Empirematics website, or mirror or frame Empirematics website on your website. Empirematics has a policy that provides for the termination in appropriate circumstances of subscribers and account holders of Services who are repeat infringers. Empirematics also reserves the right to remove or disable access to any transmission of Content that infringes the copyright of any person under the laws of Germany upon receipt of a notice that substantially complies with the requirements of 17 U.S.C. § 512(c)(3) as set forth below. Notice of Infringement. If you believe in good faith that content you own has been reproduced on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing: Identification of the copyrighted work or a representative list of the works claimed to have been infringed; Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material; Your name, address, telephone number, and email address, so that we may contact you if necessary; A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and A physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Empirematics’s designated agent for notice of claims of copyright is: Empirematics see Legal Notice Email: copyright@Empirematics.com Embedding Content. The Services may allow you to embed Empirematics Content into other web pages. All use of embedded Empirematics Content must be for non-commercial purposes only, and may be disabled by Empirematics at any time and for any reason. If you posted material that Empirematics removed due to a notice of claimed infringement from a copyright owner, Empirematics will take reasonable steps promptly to notify you that the material has been removed or disabled. This notice may be by means of a general notice on Empirematics site or by written or electronic communication to such address(es) you have provided to Empirematics, if any. You may provide counter-notification in response to such notice in a written communication that includes substantially all of the following: (1) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (2) a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (3) your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of Germany, for any judicial district in which Empirematics may be found, and that you will accept service of process from the person who provided notification requesting the removal or disabling of access to the material or such person’s agent; and (4) your physical or electronic signature. Please note that any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.

7. Fees
You acknowledge that Empirematics reserves the right to charge subscription fees for any portion of the Services - obviously only if you specifically agreed to it. We will provide you with advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your membership in the event you do not wish to pay the modified fee. If you continue to use the Services after a subscription fee has been imposed or increased, you are expressly agreeing to the subscription fee or increase thereto and you will be responsible for paying such subscription fee for the balance of your subscription. If Empirematics suspends or terminates your account and/or access to the Services because you have breached the Terms or violated Applicable Law, you will not be entitled to a refund of any unused portion of such fees or other payments.

8. Links and Third Party Content
The Services may provide, or third parties may provide, links to other websites, applications, resources or other services created by third parties (“Third Party Services”). When you engage with a provider of a Third Party Service, you are interacting with the third party, not with Empirematics. If you choose to use a Third Party Service and share information with it, the provider of the Third Party Service may use and share your data in accordance with its privacy policy and your privacy settings on such Third Party Service. Empirematics encourages you not to provide any personally identifiable information to or through any Third Party Service unless you know and are comfortable with the party with whom you are interacting. In addition, the provider of the Third Party Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. Empirematics is not responsible for and makes no warranties, express or implied, as to the Third Party Services or the providers of such Third Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third Party Service or the privacy practices thereof). Inclusion of any Third Party Service or a link thereto on the Services does not imply approval or endorsement of the Third Party Service. Empirematics is not responsible for the content or practices of any websites other than Empirematics website, even if the website links to Empirematics website and even if it is operated by an affiliate or a company otherwise connected with Empirematics. By using the Services, you acknowledge and agree that Empirematics is not responsible or liable to you for any content or other materials hosted and served from any website other than Empirematics. When you access Third Party Services, you do so at your own risk.

9. Termination
In our sole discretion, we may restrict, suspend, or terminate your access to and use of the Services, with or without prior notice. Empirematics is not responsible for any error in copy or images relating to the Services or any other products offered via the Services. Otherwise applicable sections of these Terms shall survive termination. Empirematics also reserves the right to seek all remedies available at law and in equity for violations of these Terms. Upon termination, you must cease all use of the Services, including any of Empirematics Content.

10. Applicable Law and Disputes
The Agreement will be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions. You and Empirematics agree to submit to the exclusive jurisdiction of the courts located in Virginia to resolve any Dispute arising out of the Agreement or the Company Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.

11. Disclaimer of Warranties
YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE OPERATION OF THE SERVICES OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON THE SERVICES OR WITH RESPECT TO ANY WEBSITES OR SERVICES LINKED FROM THE SERVICES. THE SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO (1) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS, AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY Empirematics. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, THAT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT, FUNCTIONS, OR MATERIALS CONTAINED IN THE SERVICES, WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. Empirematics EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND LIABILITIES IN CONNECTION WITH ANY USER CONTENT OR Empirematics CONTENT. NO INFORMATION MADE AVAILABLE BY OR ON BEHALF OF Empirematics SHALL CREATE ANY WARRANTY. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

12. Exclusive Remedy and Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL Empirematics, ITS AFFILIATES, OR ANY PARTY INVOLVED IN OPERATING, CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY Empirematics CONTENT OR USER CONTENT, OR ANY SITES LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN Empirematics HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT OR ON ANY WEBSITE LINKED TO IT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, Empirematics’S LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICES.

13. Indemnification
You agree to indemnify, hold harmless, and defend Empirematics, its affiliates and licensors, any party involved in operating, creating, producing, or delivering the Services, and each of their respective officers, owners, directors, shareholders, contractors, agents, employees, general and limited partners, successors, and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including without limitation reasonable attorneys’ fees and fees of other professional advisers, arising out of or in connection with (1) your use of the Services, (2) your online conduct in connection with the Services, (3) your violation or breach of these Terms, (4) your failure to comply with any applicable laws or regulations in connection with the Services, (5) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Services, or (6) any of your dealings or transactions with other persons resulting from use of the Services. You shall not settle any such claim without the prior written consent of Empirematics. These obligations will survive any termination of these Terms.

14. Integration, Severability and Waiver
These Terms constitute the entire agreement between Empirematics and you. In the event any provision of these Terms is held unenforceable, it will not affect the enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. Our failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.