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The Lord of the Rings™, The Hobbit™, and the names of the characters, items, events, and places therein are trademarks of Middle-earth Enterprises LLC. All other trademarks, logos, and copyrighted materials - including film, television, and other third-party properties - are the property of their respective owners and are used for identification and commentary only.

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Terms of Service

THIS DOCUMENT CONTAINS IMPORTANT TERMS AND CONDITIONS APPLICABLE TO YOUR ACCESS AND USE OF OUR WEBSITE AND SERVICES. PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE WEBSITE AND OUR SERVICES. BY ACCESSING OR USING THIS WEBSITE OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE OR THE SERVICES.

THESE TERMS INCLUDE AN AGREEMENT TO RESOLVE DISPUTES BY ARBITRATION ON AN INDIVIDUAL BASIS, SUBJECT TO ANY OPT-OUT YOU COMMUNICATE TO US IN COMPLIANCE WITH SECTION 10.4 BELOW, UNLESS YOU ARE LOCATED IN THE EU, UK, OR AUSTRALIA, OR IN A JURISDICTION THAT PROHIBITS SUCH PROVISIONS.

This document contains the terms and conditions (“Terms” or “Agreement”) for governing your access to, and use of, the Lord of the Rings Fan Club website located at https://lotr.com (or any subsequent URL which may replace it), and any Company operated subdomains, directories and subdirectories of such site that link to or expressly incorporate these Terms (collectively, the “Website”), and all features, functions, software and services offered through the Website. The Website, and the features, functions, software and services offered through this Website collectively constitute the “Services.” 

Depending on where you reside or acquire goods or services, you may be entitled to warranties, statutory guarantees or other rights under applicable local laws that cannot be excluded, limited, waived, disclaimed or modified (“Non-Excludable Rights”). Nothing in this Agreement is intended to have or has the effect of excluding, limiting, waiving, disclaiming or modifying any such rights under those local laws.

This Agreement is in addition to, and does not in any way replace or supplant any additional terms and conditions that may apply when you use or access certain products and/or Services on the Website. In the event the content of this Agreement is contrary to one or more provisions of any other such specific agreement or terms or conditions, the provision(s) of such specific agreement, terms or conditions shall prevail.

1. LEGAL AGREEMENT

1.1 These Terms constitute a binding legal agreement between you and Middle-earth Enterprises, LLC, a Delaware limited liability company doing business at 3142 Constitution Dr., Livermore, California 94551 (“MEE”).

1.2 In this Agreement, the terms “we/us/our” means MEE. “You/your” means you as a user of the Services.

1.3 The Terms described herein apply to you if you visit our Website and use our Services. Before using the Services or any part of the Services, you must review and agree to these Terms.

1.4 Your use of the Services shall constitute your agreement to accept and be bound by the terms and conditions described in these Terms. All user identities created on the Website are governed by these Terms.

1.5 If you do not agree with any of the Terms, you must not access or otherwise use the Services.

1.6 You represent that you meet the eligibility requirements in Section 3 and have the legal capacity, or are otherwise permitted under applicable law and Section 3, to accept these Terms and use the Services. You also represent that you are not barred from receiving the Services under the laws of the United States or any other applicable jurisdiction.

1.7 You understand and agree that the Services may include service announcements and administrative messages and you may not have the right to opt out of receiving them.

2. USERS’ RULES OF CONDUCT

2.1 You must observe these Terms, all “Rules of Conduct” as set forth below, all applicable laws and all basic rules of etiquette and common courtesy when using the Services. Any conduct that violates the law in an offline, real world community is also a violation of these Terms. We will not tolerate any illegal or offensive conduct. Without limiting the foregoing, you agree not to take any of the following actions:

  1. harm minors in any way; 
  2. impersonate any person or entity, including any MEE officials, forum leaders, guides, hosts, employees or agents, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmitted through the Website;
  4. upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
  5. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  6. “stalk,” threaten or otherwise harass or cause discomfort to another;
  7. collect, harvest, store, solicit, post or otherwise disseminate any personal data about other users;
  8. impede or disrupt the Services or the normal flow of dialogue in Interactive Areas (defined below) in the Services or use vulgar language, abusiveness, use of excessive shouting (ALL CAPS), “spamming” or any other disruptive or detrimental methods in an attempt to disturb other users or our employees;
  9. engage in, encourage, or promote any illegal activity, or any activity that violates these Terms or the Rules of Conduct or otherwise use the Services in a manner inconsistent with any applicable laws or regulations;
  10. cheat or utilize unauthorized exploits in connection with the Services;
  11. using or exploiting any bugs, errors, or design flaws to obtain unauthorized access to the Services or to gain an unfair advantage over other users;
  12. take any action that disrupts the Services or that negatively affects or may prohibit other users from using the Website, or any other aspect of the Services.
  13. copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated "scraping";
  14. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software;
  15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services;
  16. taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately excessive load on our infrastructure;
  17. uploading invalid data, viruses, worms, or other software agents through the Services;
  18. bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
  19. engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm MEE, or users of the Services, or expose them to liability;
  20. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; or
  21. make improper use of our support services or submit false reports of abuse or misconduct.

2.2 We may take any reasonable actions we deem necessary, to the full extent permitted under applicable law, to discourage and discipline any violation of these Terms or any other illegal or inappropriate conduct, all without prior notice or warning. The determination as to whether a violation has occurred and who is responsible for such act is solely within our discretion, and is based on what we may determine (acting reasonably) is best for the community and the Services. By using the Services, you acknowledge that we may apply proportionate remedies for a violation, such as content removal, feature restrictions, or suspension or termination of your Account as described in these Terms, in addition to any remedies available to us at law or in equity. Where these Terms or applicable law provide for notice, a statement of reasons, or review of a decision, those provisions apply.

3. ACCOUNT REGISTRATION

3.1 You may be required to create an account (“Account”), to access our Services and to use certain features and functions of our Services, by registering directly with us.

3.2 You must be at least 13 years old if you reside in the United States, or at least 16 years old elsewhere (or any higher age required by applicable law), to create an Account or use member features. We use a neutral age screen at account creation to confirm that you meet the applicable minimum age. By creating an Account, you represent that you meet the applicable minimum age. If you are under the age of majority where you live, you may use the Services only if permitted by applicable law and with the permission of your parent or legal guardian, and you represent that your parent or legal guardian has reviewed these Terms and consents to your use of the Services.

3.3 In no event may anyone under the applicable minimum age stated in Section 3.2 create an Account or use member features. If applicable law requires a parent or legal guardian to enter into this Agreement, assist you, or provide consent through a verified process that MEE does not provide, you may not create an Account or use member features. A parent or legal guardian who has questions about these Terms or a minor’s use of the Services may contact us at info@middleearth.com.

3.4 When creating an Account and a user identity (collectively, “User ID”) you agree to (i) provide true, accurate, current and complete information as requested in the required fields (the “Account Information”) and (ii) promptly maintain and update such User ID and your Account Information to keep it true, accurate, current and complete.

3.5 You, as creator of your Account and User ID, are solely responsible for your User ID. We will not tolerate offensive or obscene User IDs. If a User ID violates any part of these Terms or the Rules of Conduct, we may immediately, temporarily, or permanently ban such a User ID, remove or disable access to the relevant words or phrases, provided that we will provide prior notice where practicable. Removal or disabling of access to such User IDs shall be at our sole discretion.

3.6 Your Account may only be used by you. You may not sell, transfer or assign your Account or its contractual rights, licenses and obligations, to any third party (including, for the avoidance of doubt, permitting another individual to access your Account) without the prior written consent of MEE.

The remainder of this Section 3.6 does not apply to consumers residing in the EU or UK. We are not responsible for any misuse of your Account or your User ID. You agree to accept all risks of misuse of and unauthorized access to your Account or your User ID and to hold us and our affiliates harmless from and against any costs, expenses (including without limitation reasonable attorneys’ fees, expenses, and court costs), liabilities, damages, claims, suits, actions and causes of actions whatsoever (except to the extent caused or contributed to by us) arising from the misuse of your Account or your User ID, including, but not limited to, improper or unauthorized use by someone to whom you revealed your sign-in credentials.

3.7 Please note that you are responsible for maintaining the confidentiality and security of your Account, User ID and sign-in credentials at all times. Because we sign you in using one-time codes sent to your email address or mobile phone number, this includes keeping that email account and phone number secure and up to date. You agree to notify us promptly if a sign-in code, or the email account or phone number used to receive sign-in codes, is lost, stolen, or accessed by an unauthorized third party, or otherwise may have been compromised. You are solely responsible for all activities and transactions that occur under your Account, and we are not responsible for any misuse of your account following any action caused by you, including without limitation in the event that your sign-in credentials are stolen or revealed by you to a third party and/or used for transactions. You agree to immediately notify us of any misuse of your Account or any other breach of security in relation to the Services known to you. You can update the email address or mobile phone number used for sign-in in your account settings in order to safeguard your Account.

3.8 You may terminate your Account at any time by contacting our Customer Service Team at info@middleearth.com. If you terminate your Account, you may, where applicable, be liable for charges and costs prior to your termination.

3.9 We may restrict, suspend or terminate your Account and access to the Services, or indefinitely restrict, suspend or discontinue your access to, or use of, certain content, offerings, features, products and services, if you violate this Agreement, or if we have a reasonable belief such a violation has occurred or will occur, or as otherwise may be reasonably necessary to protect our users, our partners, our platform, or other MEE interests to the full extent permissible under applicable law. Where practicable we will first provide prior notice(s) informing you about the violation determined by us, including issuing prior warnings where appropriate and will review any potential arguments that you might bring forward. Such termination may also include, but not limited to the loss of the ability to participate in this Website in the future.

3.10 Termination of your Account also entails the termination of the license to use the Services and Proprietary Materials (defined below), or any part thereof.

4. PROPRIETARY RIGHTS

4.1 The Website and the Services and all Intellectual Property Rights (defined below) therein, including any and all modifications, adaptations and derivative works therefrom, are the property of MEE or MEE’s licensors, which are protected by U.S. and international law including but not limited to copyright laws. All current and future rights, interests and title in and to the Website and the Services, all features and content thereof, including all Intellectual Property Rights therein, (collectively the “Proprietary Materials”) are the proprietary property of MEE or its licensors and are protected by U.S. and international copyright and other proprietary rights laws. MEE, and its licensors own all right, title and interest in and to the Website, Services, and Proprietary Materials, including all Intellectual Property Rights therein. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Proprietary Materials. Use of such Proprietary Materials for any purpose not expressly permitted by these Terms is strictly prohibited.

4.2 “Intellectual Property Rights” means and includes, without limitation, copyright and related rights (including producers’ rights), patents, trademarks, logos, domain names, moral rights, trade secrets, database rights, publicity rights, and all other intellectual property rights and intangible legal rights or interests recognized in any country or jurisdiction in the world, and including without limitation: (a) any concept, computer program, content, customer data, customer list, data, design, development, discovery, documentation, drawing, improvement, information, list, manual, mask work, material, model, note, object code, plan, procedure, product, prototype, report, schematic, software, source code, and specification, (b) works, works of authorship, and moral rights, including without limitation, any right to claim authorship of a work, any right to object to any distortion or other modification of a work, and any similar right, existing under the law of any country in the world, or under any treaty, (c) inventions, invention disclosures, know how, letters patent, means, methods, patents, provisional patent applications, provisional patents, techniques, and all foreign counterparts and foreign equivalents of same, and any and all divisions, continuations, continuations-in-part, revisions, renewals, reissues, extensions, and like of the foregoing, (d) service marks, trademarks, trademark applications, trade dress, and trade names, (e) trade secrets, with such term “trade secrets” being given the broadest possible definition, interpretation or meaning, and (f) any other similar rights, in each case, existing under the law of any country in the world, or under any treaty, all on a worldwide basis.

4.3 MEE’s names, logos, product and service names, designs, and slogans are trademarks of MEE or its affiliates or licensors. You must not use such trademarks without the prior written permission of MEE. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

5. DISCLAIMER

THIS SECTION DOES NOT APPLY TO CONSUMERS RESIDING IN THE EU OR UK, AND ONLY APPLIES TO THE EXTENT PERMITTED BY APPLICABLE LAWS. THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY 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.

6. INDEMNIFICATION

This Section does not apply to consumers residing in the EU or UK, and only applies to the extent permitted by applicable law. You agree to defend, indemnify, and hold MEE harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your: (1) misuse of the Services; (2) breach of these Terms; (3) breach of your representations or warranties set forth in these Terms; (4) violation of the rights of a third party, including but not limited to intellectual-property rights; (5) User Content you post, store, or otherwise transmit on or through the Website; or (6) intentional harmful act toward another user in connection with the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any claim, action, or proceeding subject to this indemnification upon becoming aware of it.

7. PUBLIC BETA

7.1 The Services may be offered as a public beta (“Public Beta”) before their general release. Access to the Public Beta may be introduced gradually, including by admitting a limited number of users from a waitlist or wishlist. Participation may therefore be limited by invitation, capacity, geography, eligibility, or rollout schedule. These access limitations do not make the Public Beta a confidential closed beta, and participants are not subject to confidentiality obligations unless MEE separately identifies a particular test as a “Closed Beta” and the participant expressly accepts separate Closed Beta terms. You may be given the opportunity to participate in a Public Beta test of new Services including Website features. Your participation as a Beta tester is subject to the terms and conditions below.

7.2 (i) A Public Beta may contain known or unknown bugs, may not operate properly or perform all intended functions, may interfere with other software, and may cause errors or data loss. Features and content may be changed, suspended, or discontinued at any time. Subject to applicable law and any Non-Excludable Rights, you use a Public Beta at your own risk and it is provided on an “as is” and “as available” basis without any obligation to continue, support, or release it.

(ii) You may voluntarily provide comments, ideas, or other feedback about a Public Beta (“Public Beta Feedback”). Public Beta Feedback is not confidential. You retain any rights you may have in your Public Beta Feedback, but you grant MEE and its designees a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable license (including through multiple tiers) to use, reproduce, modify, distribute, display, perform, and otherwise exploit the Public Beta Feedback for any purpose without notice, attribution, or compensation to you. You represent that you have the right to provide the Public Beta Feedback and that MEE’s permitted use will not violate another person’s rights.

7.3 Legacy Closed Beta. If you participated in a test expressly designated by MEE as a “Closed Beta” before July 15, 2026, the Closed Beta provisions in the Terms you accepted for that test continue to govern your access to and participation in that Closed Beta, including applicable confidentiality obligations and rights relating to feedback or test materials. Those provisions do not apply to your participation in the Public Beta after the effective date of these Terms or prohibit discussion of information that MEE has publicly released. Information from the Closed Beta that MEE has not publicly released remains subject to any applicable confidentiality obligations.

8. USER CONTENT; CHALLENGE PROOF IMAGE

8.1 The Services may include public discussion forums, comments, user feedback, and other public interactive areas or services (“Interactive Areas”) in which you or other users create, post, send, or store text, links, and other text-based materials on or through the Website (collectively, “User Content”).

In a designated online contest or challenge, the Services may allow you to upload a photo or screenshot solely as proof that you completed the requested task (a “Challenge Proof Image”). Challenge Proof Images are private verification inputs, are not User Content, and are not published or made available to other users. They are reviewed and deleted as described in Section 8.9. You may submit a Challenge Proof Image only if you created it or are authorized to submit it, or your submission and our verification use are otherwise permitted by applicable law, and it must show only the requested task. Do not include identification documents, personal financial information, intimate imagery, other sensitive or unlawful material, or material unrelated to the requested challenge. In a personal photograph taken by you or on your behalf, do not depict anyone under 18 other than yourself, and do not depict any other identifiable person unless you have that person’s permission. The restrictions in the preceding sentence do not apply to people or fictional characters depicted in pre-existing films, television programs, games, or other content lawfully made available to the public, provided that you are otherwise permitted by applicable law to submit that content. The prohibitions in Section 8.3 and the representations and warranties in Section 8.6 apply to Challenge Proof Images as they apply to User Content. We may reject or delete any Challenge Proof Image, and we may preserve and report apparent child sexual abuse material to the National Center for Missing & Exploited Children as required by law.

The Services do not provide private messaging between users. Communications you send to MEE or a Website administrator through the account Messages area, including communications about account administration, support, moderation, safety, or violations, are referred to as “Administrator Communications” and are not User Content. User Content does not include the Proprietary Materials, Website, Services, or any Intellectual Property Rights in them, including modifications, adaptations, and derivative works.

8.2 User Content posted in public Interactive Areas is publicly available and not confidential. We prohibit, and you agree to refrain from, publishing personal information about others without their consent. Where the Services include features designed for you to share information about yourself, share only information that you are comfortable making public. Administrator Communications are not public, but authorized personnel may access, use, and retain them for account administration, support, moderation, safety, legal compliance, and the other purposes described in the applicable Privacy Policy.

8.3 You agree, in addition to following the Rules of Conduct set forth in Section 2.1, not to post, upload to, transmit, distribute, store, create, or otherwise publish any of the following (this Section 8.3, together with the Rules of Conduct, the “Community Guidelines”):

  1. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
  4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  5. Unsolicited promotions, political campaigning, advertising or solicitations;
  6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security (or equivalent in other jurisdictions) numbers and credit card numbers;
  7. viruses, corrupted data or other harmful, disruptive or destructive files; or
  8. User Content that violates the Rules of Conduct or that we reasonably consider objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our users to any harm or liability of any type.

8.4 Paragraphs 1, 2 and 3 of this Section do not apply in the EU or UK. Subject to any Non-Excludable Rights:

  1. We take no responsibility and assume no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter in User Content.
  2. Your use of the Services including the Interactive Areas is at your own risk.
  3. As a provider of interactive services, we are not liable for any statements, representations or User Content provided by users in any public forum, personal home page or other Interactive Area.
  4. Although we have no obligation to screen, edit or monitor any of the User Content, we reserve the right, and have absolute discretion, to remove, screen or edit any User Content posted or stored at any time and for any reason without notice, except as described in Section 8.9 below or where notice or a statement of reasons is required by applicable law.

8.5 Any use of the Services including the Interactive Areas or other portions thereof in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services or any part thereof.

8.6 You represent and warrant that (a) you own and control all of the rights, including Intellectual Property Rights, to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms, applicable laws or regulations and will not violate or infringe any publicity, personality or any third-party rights or cause injury to any person or entity, or imply any affiliation with, or endorsement of you or the User Content by us. You shall be solely liable for all royalties, fees, damages and any other monies resulting from any infringement of such right or any other harm resulting from any User Content you provide.

8.7 In consideration of your use of the Services and to the extent permitted by applicable mandatory law, you grant to us and our licensors, solely with respect to User Content posted in public Interactive Areas, all necessary consents and clearances and a non-exclusive, royalty-free, perpetual, worldwide, sublicensable (including through multiple tiers), transferable, and irrevocable right to re-post, publish, quote, adapt, translate, archive, store, reproduce, modify, create derivative works from, distribute, transmit, broadcast, communicate, publicly display and perform, make, use, or otherwise exploit that User Content, or any portion of it, in any manner or form and in any medium or forum, whether now known or later developed, without notice, acknowledgment, or compensation to you.

Administrator Communications are excluded from the public-content license above. By sending an Administrator Communication, you grant MEE a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, review, and otherwise use that communication only as reasonably necessary to provide account administration, support, moderation, safety, legal-compliance, recordkeeping, and related services; enforce these Terms; protect rights and safety; and comply with applicable law. MEE will not publish an Administrator Communication to the public unless you direct or authorize us to do so, the communication has otherwise lawfully become public, or publication or disclosure is permitted or required by law.

By submitting a Challenge Proof Image, you grant MEE a non-exclusive, worldwide, royalty-free license to host, store, reproduce and transmit it, and to have it reviewed by our service provider and authorized personnel, solely to verify challenge completion, prevent abuse, and comply with law, until the image is deleted.

8.8 If you believe that User Content in the Services infringes Intellectual Property Rights that you own or control, please note that we do not mediate intellectual-property disputes between parties and the Services do not provide user-to-user messaging. You may submit a notification of the alleged infringement to us using the contact information below, except that allegations of copyright infringement addressed by the Digital Millennium Copyright Act should be submitted under Section 9.1 below:

  1. The notification shall contain the following information which is necessary for us to evaluate the situation: (i) URLs or screenshots of the User Content in question and identify specific user who uploaded the User Content; (ii) proof or certificate of applicable Intellectual Property Rights which you own; (iii) a description of the alleged infringement and suggested solution you may reasonably request; (iv) a statement that your allegation is made in good faith; and (v) your contact information. We may contact you to ask for additional information and supporting materials.
  2. If, after assessing the notification and applicable law, MEE determines that action is warranted, MEE may ask the identified user to remove or modify the content or may remove or restrict access to the content. MEE will notify the claimant of its decision and will notify the affected user as appropriate and as required by law. An affected user may challenge the action through any process that applies under Section 9, including the DSA internal complaint process where applicable. MEE will assess the challenge under applicable law and these Terms.
  3. While MEE fully respects Intellectual Property Rights and will use commercially reasonable endeavors to protect your legitimate interests in the operation of the Services, we cannot guarantee to remove or delete all infringing content posted by any user.

8.9 Automated Content Moderation and Challenge Verification. Text submitted for publication in Interactive Areas may be automatically reviewed before publication for compliance with these Terms, including our Community Guidelines, using moderation services operated for us by service providers, together with human review in certain flows. If submitted text does not pass review, it will not be published; you will be shown the reason, may revise and resubmit it, and may request review by a member of our team, with our reply delivered to the Messages area of your Account. When you submit a photo or screenshot to complete a designated online contest or challenge, MEE may send the Challenge Proof Image to Anthropic, our artificial-intelligence provider, solely to check whether it shows the requested task. A passing check may approve your completion automatically; anything else is sent to an authorized human reviewer. Challenge Proof Images are not made public and are deleted from MEE’s systems within 24 hours after a decision is made; Anthropic ordinarily deletes API inputs and outputs from its backend within 30 days. Anthropic does not use them to train its models. MEE may retain the resulting completion decision, reward, and limited anti-abuse record, but not the Challenge Proof Image itself. Account-level actions, such as suspension of your Account, are taken only with human involvement. Our Privacy Policy describes the related processing and retention.

9. NOTICE, ACTION & CONTENT REMOVAL PROCESSES

The processes below apply as stated in each subsection. Section 9.2 provides the notice and redress process required by the Digital Services Act where that law applies.

9.1 Digital Millennium Copyright Act (DMCA) Notices

9.1.1 If you believe that material available through the Services infringes a copyright that you own or are authorized to enforce, send a written notification to MEE’s designated DMCA agent:

Designated agent: Legal Director

Email: dmca@middleearth.com

Telephone number: +1 925 344-4045

Mail: Middle-earth Enterprises, LLC, Attn: Legal Director, 3142 Constitution Dr., Livermore, California 94551

9.1.2 A notification of claimed infringement must include:

• a physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf;

• identification of the copyrighted work claimed to have been infringed or, if multiple works on the Services are covered by one notification, a representative list of those works;

• identification of the material claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to permit MEE to locate the material;

• information reasonably sufficient to permit MEE to contact the complaining party, such as an address, telephone number, and, if available, an email address;

• a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

9.1.3 Upon receipt of a notification that substantially complies with 17 U.S.C. § 512(c)(3), MEE will act expeditiously to remove or disable access to the material identified in the notification and will take reasonable steps promptly to notify the user who supplied the material. A person who knowingly materially misrepresents that material or activity is infringing may be liable under 17 U.S.C. § 512(f).

9.1.4 If you believe that material you supplied was removed or disabled because of mistake or misidentification, you may send MEE’s designated DMCA agent a written counter-notification containing:

• your physical or electronic signature;

• identification of the material that was removed or disabled and the location at which it appeared before removal or disabling;

• a statement 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; and

• your name, address, and 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 the United States, for any judicial district in which MEE may be found, and that you will accept service of process from the person who submitted the original notification or that person’s agent.

9.1.5 After receiving a counter-notification that substantially complies with 17 U.S.C. § 512(g)(3), MEE will promptly provide a copy to the original complaining party and inform that party that MEE will replace the removed material or cease disabling access to it in 10 business days. MEE will replace the material or cease disabling access not less than 10 and not more than 14 business days after receiving the counter-notification unless MEE’s designated agent first receives notice that the original complaining party has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material.

9.1.6 In accordance with the DMCA and other applicable law, MEE has adopted a policy of terminating, in appropriate circumstances, users or account holders who are repeat infringers. MEE may also limit access to the Services or terminate accounts of users who infringe the Intellectual Property Rights of others, and will provide notices where practicable and as required by applicable law.

9.2 Digital Services Act (“DSA”)

9.2.1 Notice Mechanism. Any individual or entity, whether or not located in the European Union and whether or not the notifier has an Account, may notify MEE of information on the Services that the notifier believes is illegal content. A notice may be submitted electronically by emailing info@middleearth.com with the subject line “DSA Illegal Content Notice,” or through any illegal-content reporting tool made available with the content. The mechanism is available without charge and is intended to be easy to access and use.

9.2.2 A notice should include:

• a sufficiently substantiated explanation of why you allege the information is illegal content;

• a clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where necessary, additional information enabling MEE to identify the illegal content;

• your name and email address, except where the notice concerns information considered to involve an offence referred to in Articles 3 to 7 of Directive 2011/93/EU; and

• a statement confirming your good-faith belief that the information and allegations in the notice are accurate and complete.

9.2.3 Processing Notices. If a notice includes your electronic contact information, MEE will send you a confirmation of receipt without undue delay. MEE will process the notice and take any related decision in a timely, diligent, non-arbitrary, and objective manner. MEE may request information reasonably needed to assess the notice. When MEE decides the notice, MEE will inform the notifier of the decision and available redress, where required by law.

9.2.4 Statement of Reasons. When required by the DSA, MEE will provide the affected user with a clear and specific statement of reasons for a content or account restriction. The statement will identify the type of restriction, its territorial scope and duration; the facts and circumstances relied on, including whether MEE acted on a notice or on its own initiative and, where strictly necessary, the identity of the notifier; any use of automated means in taking the decision; the legal ground relied on and an explanation where the decision concerns illegal content, or the contractual ground and an explanation where the decision concerns incompatibility with these Terms; and the available internal complaint process under Section 11.1, out-of-court dispute settlement, and judicial redress options.

9.2.5 Misuse. After issuing a prior warning, MEE may suspend, for a reasonable period, the processing of notices and complaints from persons or entities that frequently submit manifestly unfounded notices or complaints, and may suspend the Services for users who frequently provide manifestly illegal content. MEE will assess misuse case by case in a timely, diligent, and objective manner, considering all relevant facts, including the absolute number of manifestly unfounded notices or complaints or items of manifestly illegal content; their proportion relative to all notices, complaints, or information submitted; the gravity of the misuse and its consequences; and, where it can be identified, the person’s intent. Any suspension period will be proportionate to those circumstances. Examples of misuse include repeated notices that identify no content or legal basis, repeated complaints that do not address the decision challenged, and repeated submissions made to harass or burden another person.

9.2.6 DSA Representative. Middle Earth Enterprises AB is also Middle-earth Enterprises, LLC’s legal representative under Article 13 of the DSA. Notices intended for the DSA representative may be sent to: Middle Earth Enterprises AB, Tullhusgatan 1 b, 652 09 Karlstad, Sweden; email: info@middleearth.com; telephone: +1 925 344-4045. Communications to the representative may be made in English or Swedish. Designation of the representative does not affect MEE’s responsibility or liability under the DSA.

9.2.7 DSA Points of Contact. For communications from EU Member State authorities, the European Commission, and the European Board for Digital Services under Article 11 of the DSA, MEE’s electronic point of contact is info@middleearth.com with the subject line “DSA Authority Communication.” Communications may be submitted in English or Swedish. For recipients of the Services under Article 12 of the DSA, MEE’s electronic point of contact is info@middleearth.com with the subject line “DSA User Communication,” together with any reporting or complaint tool made available in the Services. These channels permit direct and rapid electronic communication with MEE and are not operated solely through automated tools.

9.3 U.S. TAKE IT DOWN Act – Removal of Nonconsensual Intimate Visual Depictions

9.3.1 Challenge Proof Images are not intended for publication and are deleted after the completion decision. If an intimate visual depiction becomes publicly available on the Services, regardless of how it came to appear, an identifiable individual, or a person authorized to act on that individual’s behalf, may notify MEE that the depiction was published without that individual’s consent and request its removal. This process applies to authentic depictions and digital forgeries covered by the TAKE IT DOWN Act and is available whether or not the requester has an Account. A removal request may also be submitted through the dedicated reporting link in the Website footer.

9.3.2 Send a written request to info@middleearth.com with the subject line “TAKE IT DOWN Act Removal Request.” The request must include:

• the physical or electronic signature of the identifiable individual or the authorized person acting on the individual’s behalf;

• identification of, and information reasonably sufficient for MEE to locate, the intimate visual depiction;

• a brief statement that the identifiable individual has a good-faith belief that the depiction is not consensual, including relevant information that will help MEE determine that it was published without the individual’s consent; and

• information sufficient for MEE to contact the identifiable individual or the authorized person acting on the individual’s behalf.

9.3.3 Upon receiving a valid removal request, MEE will, as soon as possible and not later than 48 hours after receipt, remove the identified intimate visual depiction and make reasonable efforts to identify and remove any known identical copies. MEE may contact the requester for information reasonably needed to validate or process the request. MEE may preserve or disclose records where permitted or required by law, including for safety, fraud prevention, enforcement, or legal process.

10. CONFLICT AND DISPUTE RESOLUTION

If you reside in the EU, UK, or Australia, or any jurisdiction in which the laws prohibit a consumer agreement from requiring parties to resolve disputes via arbitration in the circumstances described in this Section 10, this Section does not apply to you; please refer instead to Section 11.

10.1 Mandatory Informal Dispute Resolution.  In the event of any controversy, allegation or claim that arises out of or relates to the Services or this Agreement, MEE and you agree to try to resolve the dispute informally by sending a notice of dispute via email (for MEE, to info@middleearth.com with the subject line of “Attn: Legal – Notice of Claim or Dispute”). Our notice to you will be sent to you based on the most recent contact information that you provided us.

10.2 Notice. Your notice to MEE must include your name, mailing address, and phone number (if any), and must describe the nature and basis of the claim or dispute, as well as set forth the specific relief you seek. If the dispute is not resolved within 30 days from the notice, either party can submit this matter to arbitration pursuant to this Section.

10.3 Arbitration. PLEASE READ THE FOLLOWING SECTIONS CAREFULLY, AS THEY AFFECT YOUR RIGHTS. You and MEE agree to resolve any claims arising out of or relating to these Terms or the Services through final and binding arbitration. Claims include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through, affiliated with, or connected with you), on the one hand, and us (or persons claiming through, affiliated with, or connected with us) on the other hand, regardless of when the claim arose, even if it was before these Terms existed, and include matters arising as initial claims, counter‐claims, cross-claims, third-party claims, or otherwise. Please note that you may continue to assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. This agreement to arbitrate is intended to be broadly interpreted, and includes claims based in contract, tort, statute, common law, fraud, misrepresentation, or any other legal theory.  The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in these arbitration provisions or these Terms. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules & Procedures (available at https://www.jamsadr.com/rules-streamlined-arbitration/).  If, and only if, JAMS declines for any reason to administer the arbitration or is otherwise unable to administer the arbitration for any reason, you agree that, alternatively, the arbitration will be administered by the National Arbitration and Mediation (“NAM”) pursuant to its Comprehensive Dispute  Resolution Rule and Procedures (available at https://www.namadr.com/resources/rules-fees-forms/).  You acknowledge that these Terms evidence a transaction involving interstate commerce, and thus the Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration provisions in these Terms. 

10.4 Opting-Out of Arbitration. YOU MAY OPT-OUT OF THE AGREEMENT TO ARBITRATE BY PROVIDING MEE WRITTEN NOTICE WITHIN THIRTY (30) DAYS OF THE EARLIER OF (1) THE DATE YOU FIRST ACCEPTED THESE TERMS OR (2) THE DATE YOU FIRST ACCEPTED ANY TERMS WITH US THAT CONTAINED AN ARBITRATION PROVISION. YOUR NOTICE MUST INCLUDE: (I) YOUR FULL NAME (FIRST AND LAST); (II) THE EMAIL ADDRESS YOU USED TO REGISTER YOUR ACCOUNT; AND (III) A CLEAR STATEMENT THAT YOU DECLINE THIS AGREEMENT TO ARBITRATE. EMAIL YOUR OPT-OUT NOTICE VIA EMAIL TO: INFO@MIDDLEEARTH.COM WITH THE SUBJECT LINE: “Attn: Legal – Arbitration Opt-Out”.  IF THE OPT OUT NOTICE IS SENT ON YOUR BEHALF BY A THIRD PARTY, SUCH THIRD PARTY MUST INCLUDE EVIDENCE OF HIS OR HER AUTHORITY TO SUBMIT THE OPT OUT NOTICE ON YOUR BEHALF IN THE FORM OF A NOTARIZED POWER OF ATTORNEY.

10.5 Costs of Arbitration. MEE will pay all filing, administration, and arbitrator fees for any arbitration we initiate. You will pay the fees for any arbitration you initiate, in accordance with the rules of the arbitration administrator. However, if you initiate an arbitration after attempting to informally resolve a dispute in accordance with these Terms, MEE will pay all filing, administration, and arbitrator fees in excess of $250. After MEE receives notice that you have commenced such an arbitration, MEE shall promptly reimburse you for any portion of the filing fee you have paid that MEE has agreed to pay.

10.6 Frivolous Claims. If the arbitrator determines that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)), then the payment of all filing, administration, and arbitrator fees shall be governed by the rules of the administrator and you agree to reimburse us for any amount we have paid on your behalf to the administrator. MEE shall not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.

10.7 Arbitration Procedures. You agree that one arbitrator will arbitrate the dispute under the rules of the administrator, as modified by these arbitration provisions. The award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitration will be held in the United States county where you live or work, or any other location that we mutually agree to. Ordinarily, pre-hearing information exchanges will be limited to the reasonable production of non-privileged documents directly relevant to the dispute. Unless the arbitrator determines that an additional form of information exchange is necessary to provide for a fundamentally fair process, those documents will be limited to records and communications directly related to the transactions between you and us that are the subject of your dispute. Any issues regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrator, and the arbitrator’s determination shall be conclusive. Any arbitration shall be confidential, and neither party may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. In the case of a conflict between the rules and policies of the administrator and the arbitration provisions in these Terms, the arbitration provisions in these Terms shall control if not prohibited by countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply.

10.8 No Class Actions. YOU AND WE EACH AGREE THAT NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION. The arbitrator will have the power to grant declaratory or injunctive relief, whether interim or final, only in favor of you or us individually and only to the extent necessary to provide relief warranted by your or our individual claim without affecting other users of ours. Nothing in these Terms will prevent you from seeking public injunctive relief separately from arbitration in court, and any such application will not be deemed incompatible with the agreement to arbitrate or as a waiver of the right to arbitrate your individual claims. You and we agree that any claims for damages and/or any relief other than public injunctive relief must be heard in arbitration first, with any claims seeking a remedy of public injunctive relief in court proceeding only after the arbitration of all arbitrable claims, and any claims or portions of claims seeking a remedy of public injunctive relief will be stayed pending the outcome of the arbitration pursuant to Section 3 of the Federal Arbitration Act. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration. In accordance with the JAMS Mass Arbitration Procedures and Guidelines (or if the arbitration is being administered by NAM, with NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures), or upon motion of one or more interested parties, and after providing all other interested parties an opportunity to be heard, the arbitrator or any Process or Procedural Administrator or Arbitrator, may, at their discretion, coordinate more than one arbitration proceeding initiated under these arbitration provisions, in order to promote efficiency in discovery and to avoid inconsistent rulings. In the interest of clarity, any coordination under the preceding sentence will be limited only to currently-pending arbitrations initiated under these arbitration provisions, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request and be provided with an individualized hearing. The Process or Procedural Arbitrator or Administrator may, at their discretion, determine that any mass arbitration should proceed first by hearing and issuing decisions on a limited number of bellwether claimants followed by mediation of any remaining claimants before additional arbitration demands may be filed and, to facilitate the bellwether process, may enjoin the filing of additional arbitration demands or order that no such demands be accepted for filing pending completion of the bellwether hearings and mediation. If an order is issued enjoining the filing of additional arbitration demands or providing that such demands not be accepted for filing by the administrator, then the statutes of limitations applicable to the claims in the arbitration demands that cannot be filed as a result of that order shall be tolled while the order is pending, and the duration of the order shall be no longer than one year. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any claims of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No rulings issued in the hearings of any bellwether claimants shall be binding on any other claimant, nor shall any decisions or awards resulting from bellwether hearings be applied as precedent in any other hearing. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Section 10.8 (No Class Actions), and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of the prohibition in this Section 10.8 (No Class Actions) from proceeding in arbitration on a class, representative or collective basis shall be determined exclusively by a court and not by the administrator or any arbitrator.

10.9 Waiver of Right to Litigate.  YOU AND MEE ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. YOU AND MEE HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.

10.10 Survival and Severability of Arbitration Provision.  These arbitration provisions shall survive the termination of these Terms. If any portion of the arbitration provisions other than the prohibition on bringing class or collective actions in arbitration as set forth in Section 10.8 (No Class Actions) is deemed invalid or unenforceable, the remaining portions of these arbitration provisions shall nevertheless remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of these arbitration provision’s limitations as to a particular claim for relief or particular term, then that claim (and only that claim) or that term (and only that term) must be severed from the arbitration provision and may be brought in court. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in Section 10.8 (No Class Actions) are finally adjudicated pursuant to the last sentence of Section 10.8 (No Class Actions) to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine claims or make awards beyond those authorized in these arbitration provisions.

10.11 Applicable Law and Judicial Forum. To the maximum extent permitted by applicable law, you agree that this Agreement shall be governed by the laws of the State of California, United States, without regard to conflict of law principles or the United Nations Convention on the International Sales of Goods. In the event that this agreement to arbitrate is found not to apply to you or your claim, you and MEE agree that any judicial proceeding (other than small claims actions) will be brought only in the federal courts located in the Northern District of California or state courts located in Alameda County, California. Both you and MEE consent to venue and personal jurisdiction there, and waive any objection as to inconvenient forum.

10.12 Time Limitation to Bring Claims. To the fullest extent permitted by applicable law, any claim or cause of action arising out of or relating to these Terms or your use of the Services must be filed within one (1) year after the claim or cause of action accrued; otherwise, that claim or cause of action is permanently barred.

10.13 Future Changes to Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, you agree that if MEE makes any future change to this arbitration provision (other than a change to the notice email address above, website links, or telephone numbers listed in this provision), any such changes will not affect disputes that arose before the effective date of the change.

11. EU, UK, AUSTRALIAN AND OTHER USERS – CONFLICT AND DISPUTE RESOLUTION

This Section 11 applies to you only if you reside in the EU, UK, or Australia, or any jurisdiction in which the laws prohibit a consumer agreement from requiring parties to resolve disputes via arbitration in the circumstances described in Section 10 above.

11.1 Internal Complaint-Handling System under the DSA. Where Article 20 of the DSA applies, a notifier or affected user may lodge an electronic complaint free of charge by emailing info@middleearth.com with the subject line “DSA Internal Complaint,” or by using the complaint option provided with the relevant decision. A complaint may challenge a decision to: (a) remove information, disable access to it, limit its visibility, or leave it available; (b) suspend or terminate the provision of all or part of the Services to a user; (c) suspend or terminate a user’s account; or (d) suspend, terminate, or otherwise restrict the ability to monetize information, where applicable. The complaint may be submitted for at least six months after MEE informs the person of the decision and should identify the decision, explain why it is considered unfounded, and state the corrective measure requested. Qualified personnel will review the complaint in a timely, non-discriminatory, diligent, and non-arbitrary manner, and the review will not be based solely on automated means. MEE will inform the complainant of the reasoned outcome without undue delay and, where applicable, of certified out-of-court dispute settlement and other available redress. If the complaint gives sufficient grounds to conclude that the original decision was unfounded, MEE will reverse the decision without undue delay.

11.2 Disputes Regarding These Terms. In the event of a dispute relating to the interpretation, performance, or validity of these Terms, an amicable solution may be sought before legal action. You may notify us using the contact information below. Except where required by applicable law, MEE is not willing or obliged to participate in proceedings before a general consumer conciliation body. This does not limit any right under Article 21 of the DSA: where Article 21 applies, MEE will engage in good faith with a certified out-of-court dispute-settlement body selected in accordance with that Article, although neither party is bound by the body’s decision.

11.3 To the extent that you are using our Services as a consumer, the Agreement is governed by the law of the country where you have your habitual residence. In that case, you may bring proceedings before the courts of the country where you are domiciled, as governed by applicable laws. MEE may only bring proceedings against you before the courts of the country where you are domiciled.

12. LIMITATIONS OF LIABILITY

Nothing in this Section excludes or limits liability that cannot be excluded under applicable law, including liability for gross negligence or willful misconduct. If you are a consumer resident in the EU or UK, the limitations of liability in this Section do not apply to you to the extent prohibited by applicable law.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL MEE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE six (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

13. PRIVACY POLICY

Please review the Privacy Policy that applies to your location: our U.S. Privacy Policy if you are located in the United States, or our General Privacy Policy if you are located outside the United States. The applicable Privacy Policy describes how we process your personal data. The applicable Privacy Policy applies as a notice describing our processing of your personal data. You can review or update optional cookie choices at any time through Privacy settings.

14. INJUNCTION

This Section does not apply to users located in Germany.

You agree that your obligations and representations, and the license limitations, stated herein, are necessary and reasonable in order to protect MEE, its business, and its licensors, and you expressly agree that monetary damages may be inadequate to compensate MEE fully for any breach of this Agreement, or for any misrepresentation made by you above. Accordingly, you agree and acknowledge that any such violation or threatened violation may cause irreparable injury to MEE and that, in addition to any other remedies that may be available, in law, in equity or otherwise, MEE shall be entitled to obtain injunctive relief against the breach or threatened breach of this Agreement, or the continuation of any such breach by you, or to remedy any misrepresentation made by you, without the necessity of proving the inadequacy of any legal remedy or monetary damages, and without the need to post any bond.

15. ACKNOWLEDGEMENTS

  1. MEE MAY REVIEW OR RECORD USER CONTENT SUBMITTED THROUGH PUBLIC INTERACTIVE AREAS, CHALLENGE PROOF IMAGES AND ADMINISTRATOR COMMUNICATIONS, INCLUDING AUTOMATED REVIEW PERFORMED FOR US BY A SERVICE PROVIDER, TO THE EXTENT PERMITTED BY LAW. THE SERVICES DO NOT PROVIDE PRIVATE MESSAGING BETWEEN USERS.
  2. We do not guarantee the completeness, accuracy, or correctness of User Content posted by users in public Interactive Areas. You access and rely on public User Content at your own risk.

16. MONITORING

Public posts and other submissions made through Interactive Areas and Challenge Proof Images are transmitted through our systems and may be monitored or reviewed as described in Section 8.9 and the applicable Privacy Policy. The Services do not provide private messaging between users. The account Messages area is used only for Administrator Communications, and authorized personnel may review those communications for account administration, support, moderation, safety, legal compliance, and related purposes to the extent permitted by law.

17. COMPLETE AGREEMENT

These Terms of Service are the complete agreement between us with regard to your use of this Website and the Services, and you agree that your use and purchases, if any, are not based upon reliance on any representation not included in these Terms of Service.

18. HYPERLINKS

We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Website, or websites linking to the Website. Such sites are not under our control and we are not responsible for the contents of any linked website or any link contained in a linked website, or any review, changes or updates to such websites. We provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave the Website, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website. This Section 18 does not exclude any express representations, if any, made by us or any Non-Excludable Rights.

19. THIRD-PARTY CONTENT

We may provide or make available third-party content through the Services and may provide links to web pages and content of third parties (collectively the “Third-Party Content”) as a service to those interested in this information. We do not monitor or have any control over any Third-Party Content on third-party websites. We do not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. We do not represent or warrant the accuracy of any information contained therein and might not update or review any Third-Party Content. This Section 19 does not exclude any express representations, if any, made by us or any Non-Excludable Rights.

MEE acts only as a referral source for merchandise offered through links on the Website. Merchandise is sold by the third-party seller through the seller’s own online store, such as a Shopify checkout or a licensing partner’s store. MEE is not the seller or merchant of record and does not handle checkout, payment processing, order fulfillment, shipping, returns, or refunds. When you follow a merchandise link or make a purchase, you leave the Website, and the seller’s own terms of sale and privacy terms govern. MEE does not receive checkout, payment, order, delivery, or return information from the seller unless you separately choose to provide information to MEE in a support or other communication.

20. AMENDMENTS

We may amend these Terms of Service from time to time by posting the amended Terms on our Services. Unless we state otherwise, any modifications to the Terms are effective when posted. If we make material changes, we will provide reasonable advance notice, such as by asking you to review and accept the modified Terms at your next sign-in, and, where applicable law requires, we will obtain your renewed acceptance. DO NOT ACCESS OR USE THE SERVICES IF YOU DO NOT AGREE TO THIS AGREEMENT. If you continue to use our Services after we have published the modified Terms, you shall be deemed to agree to the modified Terms as of their effective date, unless applicable laws require that we obtain your agreement in another manner.

21. INTERRUPTION OF SERVICE

21.1 We reserve the right to interrupt the Services or any part thereof from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. The following does not apply in the EU or UK: you agree that we will not be liable for any interruption of the Services or any part thereof, delay or failure to perform resulting from any causes whatsoever, subject to any Non-Excludable Rights.

21.2 You acknowledge that the Services or any part thereof may be interrupted for reasons beyond our control, and we cannot guarantee that you will be able to access the Services whenever you may wish to do so. The following does not apply in the EU or UK: we shall not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever, subject to any Non-Excludable Rights.

21.3 Subject to any applicable law (including any Non-Excludable Rights), we have the right at any time with or without reason to change and/or eliminate any aspect(s) of the Services as we see fit in our sole discretion.

22. GENERAL

22.1 Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

22.2 You may not assign or transfer this Agreement, your Account or your rights hereunder, or any other software provided by us, and any attempt without our prior written consent is void.

22.3 If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

22.4 The section headings used herein are for reference only and shall not be read to have any legal effect.

23. CONTACT US:

Unless directed with other contacting method herein, if you have any questions, concerns, or complaints regarding our Service, you may contact our Customer Service Team via:

Email: info@middleearth.com

Mail: 3142 Constitution Dr., Livermore, California 94551

For California residents: pursuant to Cal. Civil Code § 1789.3, please note that (a) our address and contact details are set out above; and (b) if you have a complaint regarding the Services or desire further information on use of the Services, contact our Customer Service Team at info@middleearth.com. For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Last updated: July 20, 2026