1.1. What is this Agreement? This Agreement is a legally binding contract between you and Homecoming Servers LLC (incorporated and registered in Delaware, USA with company number 7407345) of 2349 US Hwy 70 SE, STE 267, Hickory, North Carolina, USA  (“Homecoming”).

1.2. What does this Agreement apply to? This Agreement applies to our interactive entertainment product City of Heroes (the “Game”), any game key or code giving you access to it or any parts of them, plus all other Homecoming products and services related to the Game, including (but not limited to) user accounts, customer and technical support, official forums, wikis, blogs and social media services. For clarity, the term “City of Heroes Services” shall encompass all of these things).

1.3. When does this Agreement apply to you? This Agreement will be binding on you and us once you download, install or use the City of Heroes Services. If you do not agree to it, please do not use the City of Heroes Services.

1.4. Will we ever change this Agreement? We may change this Agreement from time to time, for example to reflect changes in the services or to reflect applicable laws. If we do, we will make the changed Agreement available online. It will become legally binding on you immediately, but you are welcome to contact us via a private support ticket at https://cohhc.gg/support if you have specific questions about the changes. If you do not agree to those changes (regardless of whether you message us), then unfortunately you must cease using the City of Heroes Services: in order to make the City of Heroes Services work properly we need to have everyone using them under the same rules instead of different people having different rules.

1.5. Are there any other important documents you should read? Please also review our Homecoming Privacy Policy: https://cohhc.gg/privacy. 

2.1. We give you a personal, limited, revocable, non-exclusive, non-transferable and non-assignable license to display, view, download, install, play and usethe City of Heroes Serviceson authorized devices/platforms. This license is for your personal use only (so you cannot give, ‘sell’, lend, gift, assign, sub-license or otherwise transfer it to someone else) and does not give you any ownership rights in the City of Heroes Services. We own or license all of the City of Heroes Services.

2.2. What about user accounts? In order to access the City of Heroes Services you may need to create a user account or use an existing account (if you have one). You are responsible for protecting your user account and for your account activities. In particular, keep your account and password secure. In order to protect the City of Heroes Services, users and Homecoming itself, we reserve the right if necessary to reject any user account if it would breach this Agreement or other applicable rules. 

2.3. Are there any age restrictions? You must be at least 13 years old to use the City of Heroes Services (but this may be higher depending on where you live, we recommend you check our Privacy Policy too on this point). If you are between 13 and 18 (or whatever is the age of adulthood in your country), please ask your parent or guardian to review and approve this Agreement and to supervise your use of the City of Heroes Services. If your parent or guardian permits you to access this game, the two of you are jointly and severally responsible for all the provisions you accept on their behalf. Your parent/guardian acknowledges and understands that this guarantee is a continuing, unconditional, and irrevocable guarantee that they will pay for and defend, indemnify and hold harmless Homecoming with respect to any claim related to such liabilities. Some City of Heroes Services may have age ratings, which will be displayed when you access and/or download them.

2.4. Are there any minimum requirements? The City of Heroes Services will have minimum requirements depending on your chosen device/platform, of which you will be notified at the time. It is your responsibility to ensure you meet these requirements before downloading or using the City of Heroes Services. To access online parts of the City of Heroes Services you will need Internet access too – again, this is your responsibility.

2.5. What about patches and updates? We may patch, update or change the City of Heroes Services over time (for example to add or remove features, to resolve software bugs or to balance games), which will result in mandatory and/or automatic updates. Therefore, older, un-updated versions may become unusable over time as a result. It is possible that older devices/platforms may cease to be supported over time (although we will use reasonable efforts to notify this to you in advance). As part of these patches, updates or changes, we may need to impose limits on, or remove/restrict access to, certain game features. We need these rights in order to keep the City of Heroes Services running efficiently and will not have any liability to you regarding use of them.

2.6. What about third party access and content? You might get links from us to third party websites or content through the City of Heroes Services. You may also access the City of Heroes Services through different platforms and devices. Your use of them is your responsibility – we cannot promise they will work, what they will be like or if they are free. You are responsible for supplying any necessary communications connections (such as Internet access) and hardware to use the City of Heroes Services, as well paying any related costs or expenses. Access to the City of Heroes Services may require additional licenses, such as a license to any applicable operating system or other third-party software, and that you are responsible for obtaining and agreeing to any applicable third-party license before you enter into this agreement.

2.7. Are there any health & safety issues to be aware of? Please be aware the City of Heroes Services may contain flashing images which may potentially trigger seizures for people with epilepsy. Player discretion is advised.

In order to be able to use the City of Heroes Services, you must follow the rules set forth below and any other rules we make publicly available (e.g., the Code of Conduct discussed below). Please read these rules carefully since failure to follow them (particularly those in relation to cheating) will be considered a material breach of this Agreement, which could lead to restriction, suspension or cancellation (temporary or permanent) of your access to the City of Heroes Services. Please make sure you also review the Code of Conduct (https://cohhc.gg/conduct), as these contain additional rules and sanctions which also form part of this Agreement. Here are the main rules:

1. Personal Enjoyment. Only use the City of Heroes Services for your personal enjoyment and not for any commercial or political purposes.
2. Videos and Streaming. You are permitted to stream and create videos about the City of Heroes Services provided streams and videos are free to access. Videos or streams must not show any behavior which is in breach of these Terms of Service or the Code of Conduct (e.g. no hacking, no third-party intellectual property infringement). If Homecoming becomes aware of videos or streams that breach any of our terms, we may take remedial action including issuing suspensions or bans of your account(s). Please see the Video Policy in the Code of Conduct for more details.
3. Restricted Access. Do not attempt to copy, rent, sell, lend, lease, sublicense, distribute, publish or publicly display the City of Heroes Services, any user account or any of your rights under this Agreement to any other party in any way not expressly authorized under this Agreement.
4. Technical Misuse. Do not modify, merge, distribute, translate, reverse engineer, or attempt to obtain or use source code of, decompile or disassemble the City of Heroes Services unless you are specifically allowed by applicable law.
5. Hacking / Griefing. Do not hack, harm, abuse, grief, harass, threaten or misuse the City of Heroes Services, other users or Homecoming products, games, services, community members or staff. Do not attempt to bypass the profanity filter.
6. Cheating. Do not create, use, make available and/or distribute cheats, exploits, automation software, robots, bots, mods, hacks, spiders, spyware, cheats, scripts, trainers, extraction tools or other software that interact with or affect the City of Heroes Services in any way (including, without limitation, any unauthorized third party programs that intercept, emulate, or redirect any communication between Homecoming or its partners and the City of Heroes Services and/or any unauthorized third party programs that collect information about the City of Heroes Services by reading areas of memory used by the City of Heroes Services to store information).
7. Account Misuse. Do not share, ‘buy’, ‘sell’, transfer, gift, lend, steal or misappropriate user accounts or access keys / codes (all of which are our property). If you are concerned that any of this has happened to you, contact customer support via a private support ticket at https://cohhc.gg/support.
8. Power-Levelling.Do not perform in-game services for others like power-levelling, boosting or ladder-climbing for real money (or other articles/services of value) – you can however do it in exchange for in-game currency.
9. In-Game Items. Do not sell in-game items or currency for real money (or other articles/services of value).
10. Multiboxing. Limited multiboxing is permitted on certain parts of the City of Heroes Services outside of peak times. Please review the Code of Conduct for further details.
11. No Advertising. Do not communicate or facilitate any commercial advertisement, promotion, spam or unsolicited messages through the City of Heroes Services.
12. Interference with Services. Do not deliberately or maliciously interrupt or interfere with Client services like customer or technical support or impersonate other people, including Homecoming staff, users or community members. Do not obtain any information that could be used, directly or indirectly, to identify another user of the City of Heroes Services in the real world.
13. Interfering with Servers. Do not interfere with or disrupt  Homecoming or third party network software or servers, including via tunnelling, code injection or insertion, denial of service, modifying or changing the software, using any other similar software together with Homecoming software, through protocol emulation, or through creation or use of private servers or any analogous services regarding City of Heroes Services.
14. Accessing Servers. Do not access or attempt to access areas of the City of Heroes Services or servers that have not been made available to the public.
15. Data Mining. Do not intercept, mine or otherwise collect data or information from the City of Heroes Services using unauthorized third-party software.
16. Names / Trade Marks. Do not use the ‘Homecoming’ or ‘City of Heroes’ or third party names or logos or trademarks for any unauthorized commercial purposes.
17. Infringing Content.  Do not do anything in connection with the City of Heroes Services that infringes any copyright, trade mark, patent, trade secret, privacy, publicity, or other right of others, such as images, photographs, sound files, text files, graphics files, and any other material or information. You agree to defend, indemnify and hold harmless Homecoming and its officers, employees, agents, affiliates, subcontractors, members and assigns, with respect to any and all claims, disputes, demands, actions, suits, damages, liabilities, obligations, losses, settlements, judgements, costs and expenses (including without limitation attorneys’ fees and costs) made or entered into against us that arise out of, relate to or are the result of your actions which misappropriate, violate or infringe any third-party Intellectual Property right or any other proprietary right.
18. Malicious Code. Do not post or upload any files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, intentionally corrupted data, any other files that contain malicious code or that may in any way damage or interfere with the operation of the City of Heroes Services.
19. Commercial Activity. Do not be a party to any commercial activity related to the City of Heroes Services including but not limited to: (i) providing or obtaining any in-game item; or (ii) use of the City of Heroes game at an Internet café, cyber café or computer gaming center except in North America or European Economic Area so long as there are no players sharing accounts and you are otherwise in compliance with this agreement.
20. Geographic / Regional Restrictions. You must follow any applicable geographic or regional, language or location-based restrictions, requirements or rules regarding the City of Heroes Services.
21. Conduct. Do not do or say anything that is or may be considered threatening, racist, harassing, xenophobic, sexist, discriminatory, abusive, defamatory, controversial or otherwise offensive or illegal. This includes in any chat or other communications with users. Homecoming reserves the right to monitor the content of any of your messages and prevent your use of any such chat or other communication systems for any reason. Homecoming prohibits any content related to criminal activity, gambling, adult content and sensitive events. Please report any behavior you think is in breach of this rule by sending a message via a private support ticket at https://cohhc.gg/support.
22. Self-Harm and Suicide. If you or someone you know through the City of Heroes Services is at risk of self-harm or suicide, please seek help as soon as possible by contacting agencies specializing in crisis intervention and suicide prevention. Please feel free to alert us via a private support ticket at https://cohhc.gg/support and we will also try to follow up where possible. Abuse of this system and/or submission of false reports will constitute a material breach of this Agreement.

Who owns the City of Heroes Services? The City of Heroes Services, including (but not limited to) their visual components, characters, story, items, music, graphics, computer code, user interface, look and feel, game mechanics, gameplay, audio, video, text, layout, databases, data and all other content and all Intellectual Property Rights (defined below) and other legal and exploitation rights regarding them, are either owned by us or we license them from third parties. All rights in the City of Heroes Services are reserved except as explained in this Agreement. No ownership right or interest or other rights in the Game or any part of it is transferred to you. The City of Heroes Services and their Intellectual Property Rights are protected by copyright, trade mark and other intellectual property laws worldwide.

Do any third parties have the right to enforce terms of this Agreement? Our third-party licensors and their related companies are beneficiaries of the Intellectual Property Rights-related provisions of this Agreement. As such, they have the right to bring an action directly against any user for a breach of this Agreement to the extent required to enforce their rights in and to the City of Heroes Services, their underlying software and content, and all Intellectual Property Rights in the foregoing.

“Intellectual Property Rights" means any and all copyright, trademarks, service marks, trade dress, brand names, logos, goodwill, get up, trade, business or domain names, design rights, rights in characters, rights in get-up, database rights, patents, rights in inventions, know-how, trade secrets and confidential information, rights in databases, rights in computer software (including source code and object code), moral rights, author rights, rental and lending rights, publicity rights, performance rights, synchronization rights, mechanical rights, publishing, rental, lending and transmission rights and other intellectual property and exploitation rights of a similar or corresponding character which may now or in the future subsist in any part of the world, in all cases whether or not registered or registrable including all granted applications and all applications for registration, division, continuation, reissuance, renewals, extensions, restorations and reversions regarding any of the same.

What is our position on other ‘user generated content’? The City of Heroes Services may give you the ability to share content (for example to share missions, maps, costumes, text, photos or links with users) – we will call this “User Generated Content”. If you do share User Generated Content, then it is at your responsibility and risk. We have the right (but not the obligation) to check and remove any inappropriate or illegal User Generated Content. But to be clear: we do not assume any responsibility or liability for User Generated Content. As far as we and you are concerned, you own any User Generated Content you created (excluding our rights or any licensor rights in the City of Heroes Services) but give us certain rights over it. So, when you make your User Generated Content available through the City of Heroes Services you give us and our licensors a non-exclusive, permanent, irrevocable, worldwide, sub-licensable, assignable, royalty-free license to use, modify, reproduce, create derivative works from, distribute, transmit, communicate and publicly display/perform your User Generated Content, including without limitation for promotional purposes with no further obligations to you.

You acknowledge that (i) the City of Heroes Services may contain other software or components that are either owned by a third party or in the public domain, and (ii) Homecoming has no proprietary interest in such software or components (collectively and each, the "Third Party Software"), and as such, cannot grant you a license to use such Third-Party Software. A listing of any such Third Party Software (if applicable) is made available to you in the Documentation, the "Read Me" files for each component of Third Party Software, and is set forth in the THIRDPARTYSOFTWAREREADME.txt file located in the installation directory of the City of Heroes Services, and is available upon written request from Homecoming.  Your rights in any such Third-Party Software are governed by and subject to the terms and conditions set forth in the applicable third-party licenses set forth in the Documentation, the "Read Me" files for each component of Third-Party Software, and in the THIRDPARTYSOFTWAREREADME.txt file located in the installation directory of the Game. By installing or using any such Third-Party Software, you acknowledge and agree to fully comply with such terms and conditions.

IN ADDITION TO ANY DISCLAIMERS SET FORTH IN SUCH TERMS AND CONDITIONS, THE DISCLAIMERS SET FORTH ABOVE AND THE LIMITATIONS OF LIABILITY SET FORTH IN SECTION 9 BELOW SHALL APPLY TO HOMECOMING, ANY THIRD-PARTIES UNDER AGREEMENT WITH HOMECOMING, ANY PARENT, SUBSIDIARY OR AFFILIATE OF HOMECOMING, ANY EMPLOYEE, AGENT, SUPPLIER, LICENSEE, CUSTOMER, DISTRIBUTOR, SHAREHOLDER, DIRECTOR OR OFFICER OF ANY OF THE FOREGOING, AND ANY LICENSORS OF ANY OF THE FOREGOING WITH RESPECT TO SUCH THIRD PARTY SOFTWARE. HOMECOMING IS NOT OBLIGATED TO PROVIDE SUPPORT SERVICES FOR ANY SUCH THIRD PARTY SOFTWARE UNLESS EXPRESSLY AGREED TO IN WRITING BY HOMECOMING UNDER A SEPARATE AGREEMENT. YOU FURTHER AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND HOMECOMING, ANY THIRD-PARTIES UNDER AGREEMENT WITH HOMECOMING, ANY PARENT, SUBSIDIARY OR AFFILIATE OF HOMECOMING, OR ANY EMPLOYEE, AGENT, SUPPLIER, LICENSEE, CUSTOMER, DISTRIBUTOR, SHAREHOLDER, DIRECTOR OR OFFICER OF ANY OF THE FOREGOING, AND ANY LICENSORS OF ANY OF THE FOREGOING FROM AND AGAINST ANY CLAIMS OR LAWSUITS, INCLUDING ATTORNEYS’ FEES, THAT ARISE OR RESULT FROM THE USE OR DISTRIBUTION OF SUCH THIRD PARTY SOFTWARE.

To the extent possible under international law, we are not liable for any copyright infringement arising from any User Generated Content shared with the Community.  However, under the Digital Millennium Copyright Act of 1998, we are able to provide the lawful owners of copyrighted works recourse in the event that their copyrights are infringed, provided our ability to do so is not superseded by the interests of any social media platform used to share copyrighted works (in such event, you should look for the take down procedure supplied by the social media platform).  If you believe that your copyrights are being violated by User Generated Content, User Comments, or other materials located in our game or through our City of Heroes Services or other community channels under our direct control, please contact us so that we may investigate your claims, and, if appropriate, modify or remove the infringing material.  We require the following information before we are able to investigate your claim:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
2. A description of the copyrighted work that you believe has been infringed;
3. A description of where the material that you claim is infringing is located or identified on the website or in the game or community channels under our direct control, including a verifiable link to the material;
4. Your name, address, telephone number, and email address;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and is not a permissible “fair use” of your work; and
6. A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or authorized to act on the owner's behalf.

The above information should be provided to our registered DMCA agent for notice of claims of copyright or other intellectual property infringement by reaching out to: [email protected]

If you believe your content has been taken down pursuant to the above procedures in error, we require the following information sent to our agent referenced above before we can investigate your claim or re-post your content:

1. Your physical or electronic signature;
2. Your name, address, telephone number, and email address;
3. Identification of the material and its location before it was removed;
4. A statement under penalty of perjury that the material was removed by mistake or misidentification;
5. Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); and
6. Your consent to accept service of process from the party who submitted the takedown notice.

Please note that pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

We, as well as our community, offer various opportunities to interact and share your opinions and thoughts with us and other end users, through third party platform providers, via our social media pages, our forum, through the game’s digital storefront pages, or via other community initiatives.  However, please note that the opinions or views expressed, or statements made to the community (other than by our employees, officers, or verified community leaders) via posts, user comments, feedback, “wiki” entries, online chat, or via the communication features of the digital storefronts (collectively referred to herein as “User Comments”), do not reflect the opinions or views of our company.

We do not review, edit or modify User Comments prior to their publication to the community.  However, we reserve the right to remove or modify any User Comments shared with the community for any reason.  By sharing User Comments and accepting this Agreement, you acknowledge that we may make such deletions or changes without notice to you, nor is any such change or removal subject to review, appeal or revocation.

You retain ownership in your User Comments and all Intellectual Property Rights contained therein, provided such User Comments do not contain Feedback, as defined below, or our Intellectual Property.  We may from time to time publicly share or redistribute User Comments on our website, or through other community channels, press releases, or promotional and marketing materials.  You hereby grant us an unrestricted, irrevocable, perpetual, royalty-free, non-exclusive, fully transferable and sub-licensable worldwide right and license to use your User Comments in connection with the promotion of the Game.

We appreciate any feedback, suggestions, improvements, constructive criticism, or ideas you may have in connection with the game, our website, forum or other services (“Feedback”)

You are welcome to give us feedback, suggestions, improvements, constructive criticism, or ideas you have in connection with the game, our website or forum, or to improve the City of Heroes Services generally (“Feedback”) – in such case you can contact us via a private support ticket at https://cohhc.gg/support. We appreciate your Feedback, but we may choose not to use or accept them at our discretion. Furthermore, we cannot guarantee that the Feedback you provide has not already occurred to us.  By submitting Feedback to us, you hereby assign all right, title, and interest in and to the Feedback to us, including but not limited to Intellectual Property Rights.  To the extent that any such rights cannot be assigned under applicable US or international law, you hereby waive your existing or future rights and release us from any and all claims arising from our use of your Feedback. In any event the Feedback will be received by us without any obligations or liability to you.

Although we have no obligation to do so, we retain the right to monitor and/or record your communications sent to us directly or within our dedicated communities, and you acknowledge and agree that when you communicate with us, you have no expectation that your communications will be private.  This applies to communications made through any of our social media channels, as well.  We have the right to disclose your communications for any reason, including: (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce these Terms or any other Company policy; (c) to protect our legal rights and remedies; (d) to protect the health or safety of anyone that we believe may be threatened; or (e) to report a crime or other offensive behavior.

9.1. Our warranties. We represent and warrant that: (i) we have the right to enter into this Agreement and to grant you the license to use the City of Heroes Services in Section 2; (ii) we will take reasonable care regarding the City of Heroes Services and your use of them; and (iii) we will use reasonable efforts to comply with applicable laws under this Agreement.

9.2. Your warranties to us. You represent and warrant that (i) you have the full power and ability to enter into this Agreement and will follow fully its terms; (ii) any User Generated Content which you transmit via the City of Heroes Services does not infringe upon the Intellectual Property Rights of any third party; (iii) you will not use your User Generated Content for any commercial purposes; (iv) you will not use or contribute User Generated Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful or racist; (v) you acknowledge that the City of Heroes Services are designed and intended to be used for entertainment purposes only; (vi) the City of Heroes Services set forth a virtual world and not the real world, that you understand the distinction between a virtual world and the real world; (vii) you will not use the City of Heroes Services to obtain any information that could be used, directly or indirectly, to identify another user of the game in the real world; (viii) you warrant and represent that you have no history, or patterns of behavior, that would lead to use of the City of Heroes Services in an addictive or compulsive manner; and (ix) you warrant and represent that you have no economic, physical, emotional, psychological or privacy related considerations that would be adversely impacted by your use of the City of Heroes Services.

9.3. The warranties above shall apply to the maximum extent permitted by law. These warranties are essential terms of this agreement and, if any of these terms are construed as unenforceable, fail in essential purpose, or become void or detrimental to Homecoming, any third-parties under agreement with Homecoming, any parent, subsidiary or affiliate of Homecoming, or any employee, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, then any license you may have under this agreement shall terminate immediately. Moreover, you warrant and represent that you understand the warranties shall survive any expiration or termination of any license, agreement or use related to the City of Heroes Services.

The following section does not apply to you if you are resident in the European Union or countries whose laws specifically prohibit the following liability limitations, but it does apply to you if you are (for example) resident in the USA.

(i) OUR DISCLAIMERS. Except as we have set out elsewhere in this Agreement, HOMECOMING and its affiliates, partners and licensors AND SUCH LICENSORS’ AFFILIATES AND RELATED COMPANIES disclaim any implied or express warranties or representations regarding city of heroes SERVICES.  This includes without limitation any allegations of: (i) negligence; OR (ii) lack of satisfactory quality, merchantability or fitness for purpose; or (iii) the existence of any faults or errors; or (iv) infringement of any third party intellectual property rights.  THE city of heroes SERVICES ARE otherwise provided to you on an "as is", “AS AVAILABLE” basis without warranties or representations of any kind, express or implied. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, which might apply to THE  CITY OF HEROES SERVICES, including without limitation: implied warranties of title, non-infringement, merchantability, satisfactory quality, fitness for a particular purpose, any warranties that may arise from course of dealing or course of performance or usage of trade, freedom from viruses or errors OR DEFECTS, and/or any warranties as to the accuracy, LEGALITY, reliability or quality of any content or information contained within THE city of heroes SERVICES. We do not warrant that THE city of heroes SERVICES will be uninterrupted or error-free, that defects will be corrected, or THAT THEY WILL BE free of viruses or other harmful components.

(II) OUR LIABILITY LIMITATION. To the maximum extent permitted by applicable law, HOMECOMING, its affiliates, partners and licensors and such licensors’ affiliates and related companies shall not be liable for any loss, damage or harm of any kind arising from the use or inability to use or ‘loss’ relating to city of heroes SERVICES. Homecoming, its affiliates, partners and licensors AND SUCH LICENSORS’ AFFILIATES AND RELATED COMPANIES shall not be liable for any indirect, consequential, incidental, special, punitive or exemplary damages or any other damages arising out of or connected with THE SAME. This includes if you suffer damage because you cannot use IT (either temporarily or permanently). None of the above will be affected in any way even if HOMECOMING or its affiliates, partners or licensors AND SUCH LICENSORS’ AFFILIATES AND RELATED COMPANIES are at fault (whether through negligence, breach of contract, breach of warranty or strict liability) and even if you or we have been advised of the possibility of such damages.

(III) OUR LIABILITY CAP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH THE CITY OF HEROES SERVICES OR THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE ACTUALLY PAID US (IF ANY) IN CONNECTION WITH THE MATTERS UNDERLYING ANY CLAIM(S).

(IV) YOUR INDEMNITY TO US. You agree to indemnify and hold harmless on demand HOMECOMING, its affiliates, licensors and partners AND SUCH LICENSORS’ AFFILIATES AND RELATED COMPANIES from all liabilities, claims and expenses, including legal fees, in connection with: (1) any alleged or actual breach of this Agreement; (2) the use of CITY OF HEROES SERVICES by you or any person on your behalf; (3) INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPERTY OF HOMECOMING; and/or (4) YOUR USER GENERATED CONTENT. If claims are brought against us, then YOU WILL COOPERATE FULLY WITH US AND we reserve the right to take over their defenCe. YOU WILL NOT SETTLE ANY SUCH CLAIMS WITHOUT OUR PRIOR WRITTEN CONSENT. You acknowledge, and further agree, that HOMECOMING has no obligation to defend, indemnify or hold harmless You in any way related to this agreement including, but not limited to, Your use of THE CITY OF HEROES SERVICESS by any person, or any connection between the foregoing and any other person or entity that becomes aware of Your use of the CITY OF HEROES SERVICES at any time.

(V) INJUNCTIVE RELIEF. YOU AGREE THAT ANY LOSS, DAMAGE OR HARM YOU SUFFER IS NOT IRREPARABLE OR SUFFICIENT, and other remedies will be adequate, such that you are not entitled TO INJUNCTIVE OR OTHER EQUITABLE RELIEF AGAINST US.

(VI) Residents of California. If you reside in the state of California you are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

11.1. When and how can you terminate this Agreement? You can terminate this Agreement by permanently stopping use of the City of Heroes Services at any time. Termination will not affect already existing rights or obligations of us or you.

11.2. When can we suspend or terminate your access to the City of Heroes Services? We may cancel or suspend (temporarily or permanently) your access to the City of Heroes Services if you materially breach this Agreement, which includes but is not limited to a breach of this Agreement which is serious and/or which could cause real harm to the City of Heroes Services users, Homecoming or other matters governed under this Agreement. In particular, it applies to the rules we specify in Section 3 above (for example, no cheating or account misuse). If we cancel or suspend your account in this way, we will use reasonable efforts to explain why we have done this and what (if anything) you can do as a result. If we cancel or suspend your account under this section, then we will not have any obligations or liabilities to you at all.

Homecoming may have to temporarily suspend the City of Heroes Services in the event of a material issue.

If Homecoming decides itself to stop providing the City of Heroes Services permanently, then we will try to give you at least sixty (60) days’ notice by posting an update on the applicable website. After that time period, we will not have any future obligations or liabilities to you (this does not affect any pre-existing obligations or liabilities).

12.1. Neither of us will be liable to the other regarding any performance, or non-performance, or delay, in whole or in part, due to Force Majeure.

“Force Majeure” means any cause preventing a party from performing any or all of its obligations which arises from or is attributable to acts, events, omissions or accidents beyond the reasonable control of the party so prevented including strikes, lock-outs or other industrial disputes (other than any such dispute involving the workforce of the party so prevented), nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage (excluding malicious damage involving the employees of the affected party or its sub-contractors), compliance with any law or governmental order, rule, regulation or direction, industrial action by employees of any providers of electrical power, failure of technical facilities, hacking, denial of service or other IT attack, deployment of IT virus malware or similar technology, fire, flood, or storm, use of the Storm Summoning powerset or default of suppliers or sub-contractors.

Neither us, nor any authorized agent on behalf of us, will ever sell information that personally identifies you (“Personally Identifiable Information”) without your consent. We may be compelled to share or disclose Personally Identifiable Information by operation of law or to enforce our legal rights.  In using the: City of Heroes Services, you acknowledge that we may collect and store data from you or your device, as set forth in our Privacy Policy.  The use of Personally Identifiable Information collected by us is predominately used for customer support, to analyze and improve the game and features offered to consumers, as well as to provide our services.  Such information also helps us notify and provide end users with important software support, updates, and dynamically served content, and in other quality control and assurance procedures aimed at maximizing your playing experience.  SHOULD YOU NOT CONSENT TO THIS COLLECTION AND USE OF INFORMATION AS SET FORTH IN THIS AGREEMENT AND OUR PRIVACY POLICY, YOU ARE STRONGLY URGED NOT TO DOWNLOAD, INSTALL OR USE THE GAME. For more information, please visit our Privacy Policy here: https://cohhc.gg/privacy

The Game and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202-1 through 227.7202-4, as applicable. The Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

15.1. If you are resident in the European Union and elsewhere in the world (but not the USA):

You and we agree that your use of the City of Heroes Services, and this Agreement, and any issues arising out of them, will be governed by and interpreted according to the laws of California and any dispute regarding them will be exclusively under the jurisdiction of the courts of San Francisco, California. In any legal claim under this Agreement, the side which wins will be entitled to its legal fees and expenses. This does not exclude any mandatorily applicable rules or remedies which would be available to you in a legal claim brought under the law of your EU Member State of residence.

15.2. If you are resident in the USA:

To the extent not covered by the Dispute Resolution and Arbitration language below, you and we agree that your use of the City of Heroes Services, and this Agreement, and any issues arising out of them, will be deemed to be entered into in San Francisco, California and governed by and interpreted according to the laws of the State of California, USA (and, if applicable, US Federal law) without regard to choice of law principles. Any legal claim by you against Homecoming, to the extent not covered by the Dispute Resolution and Arbitration language below, will be made exclusively in state or federal court located in San Francisco, California, which will have subject matter jurisdiction regarding the dispute between you and us and therefore we both consent to the exclusive jurisdiction of those courts. Moreover, you waive any rights to argue that the state and federal courts in San Francisco, California are an improper venue. In any legal claim under this Agreement, the side who wins will be entitled to its legal fees and expenses.

16.1. If you have concerns or issues with us, we hope we can resolve them quickly and amicably – you can contact us via a private support ticket at https://cohhc.gg/support. However, we recognize that occasionally there might be legal disputes which are not so easily resolved.  In this section we explain what happens if there is a legal dispute.

16.2. Informal dispute resolution:

We and you both agree to make reasonable and good faith efforts to resolve any dispute between us informally. Normally we would suggest that this dispute resolution period lasts 30 days unless exceptional circumstances exist. If it is not resolved during this time, the next steps depend on where you live. If you are resident in the European Union, you may be entitled to submit a complaint through the Online Dispute Resolution Platform operated by the European Commission, details of which can be found at https://ec.europa.eu/consumers/odr/.

16.3. Dispute resolution next steps: if you live in the European Union or elsewhere in the world (but not the USA):

You and we have the legal right to commence legal claims against each other if we consider it necessary. If you bring a claim against Homecoming Servers, you should address it to: Legal, Homecoming Servers LLC, 2349 US Hwy 70 SE, STE 267, Hickory, North Carolina, USA.

16.4. Dispute resolution next steps: if you live in the USA:

16.5. Exceptions to Informal Dispute Resolution and Agreement to Arbitrate

The dispute resolution and arbitration requirements do not apply to claims or disputes that relate to claims of intellectual property rights infringement or claims of Homecoming use, piracy, theft or misappropriation.

16.6. Limitation on Claims

You and Homecoming agree that, regardless of any statute or law to the contrary, any claim arising out of or related to the City of Heroes Services must be made within one (1) year after the claim arose; otherwise, such claim is permanently barred. You agree that these dispute resolution and binding arbitration provisions will survive any termination of your account or the City of Heroes Services.

16.7.   Waiver of collective action remedies:

To the maximum extent permitted by the national or state law applicable, you and we agree not under any circumstances to bring or participate in a class or representative action, private attorney general action or collective arbitration in relation to the City of Heroes Services or this Agreement. That means, to the full extent permitted by law: (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-wide basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

If the previous paragraph is found illegal or unenforceable for any reason, you and Homecoming agree that any class, representative private attorney general action claim or dispute will be resolved in court.

1. If any part of this Agreement is found not to be legally enforceable, this will not affect any other part of it;
2. This Agreement governs our relationship with you (and vice versa). It does not create any rights for anyone else;
3. Please remember that we are subject to various laws and we may be required to comply with law enforcement or other legal requirements, including import/export controls;
4. You and we agree that the UN Convention on Contracts for the International Sale of Goods does not apply to the City of Heroes Services or this Agreement;
5. We can assign, subcontract or transfer this Agreement to a third party or another member of our group if necessary for the support of the City of Heroes Services, as part of any reorganization or merger or for other business reasons. We will notify you if this happens;
6. No failure or delay by us or you to exercise any right or remedy provided under this Agreement or by law will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy by us or you will preclude or restrict the further exercise of that or any other right or remedy; and
7. This Agreement does not create any exclusive relationship between us nor any partnership, joint venture, employment or agency.