| Terms of Service
CROWNS OF POWER® USER
AGREEMENT AND TERMS OF SERVICE
THIS AGREEMENT DESCRIBES THE TERMS ON WHICH RAMPID INTERACTIVE LLC OFFERS YOU
ACCESS TO AN ACCOUNT TO PLAY THE CROWNS OF POWER ONLINE ROLE PLAYING COMPUTER
GAME.
BY PRESSING THE "I ACCEPT" BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS BELOW.
BY PRESSING THE "I DECLINE" BUTTON, YOU DECLINE OUR OFFER.
1. General. Crowns of Power, offers games, activities and
services and is owned by Rampid Interactive, LLC. Your use of Crowns of Power,
including your member account, is subject at all times to our Terms of Service
and all of our games, activities and other services, regardless of when they are
added to Crowns of Power or revised, are governed by our Terms of Service. You
represent and warrant to Crowns of Power that you have full power and authority
to enter into this agreement and that the technology used by you in connection
with this agreement are owned or legally licensed for use by you. Crowns of
Power does not warrant or represent that the service will meet all or any of
your needs or requirements, or that performance of Crowns of Power's service
will be uninterrupted or error free.
Our player community is always evolving, so it's important that you
periodically check here (as well as the rules and instructions in the game
areas) for updates and new information. Crowns of Power may update or revise the
Terms of Service at any time and without notice. You agree to review the Terms
of Service periodically to become aware of such revisions. You can view the
Terms of Service at any time by clicking on the Terms of Service link at the
bottom of our home page (www.crownsofpower.com). Your continued use of Crowns of
Power will mean that you accept all such revisions. If you don't agree to the
changes, or to any of the terms in this Terms of Service, your only remedy is
not to use Crowns of Power and to cancel any account or services you have signed
up for without refund or reimbursement.
If you violate our Terms of Service, we may issue you a warning about
the violation, or we may choose to immediately terminate any and all accounts
that you have established. You acknowledge that Crowns of Power is not required
to provide you notice before terminating your account.
The Terms of Service and any posted rules or instructions regarding a
game, activity, contest or service, constitutes the entire agreement between you
and Crowns of Power regarding your rights and obligations in your use of the
service. If there is any conflict between the Terms of Service and any other
rules or instructions posted on Crowns of Power, Crowns of Power shall resolve
the conflict in its sole discretion. If you have questions about the Terms of
Service, please contact us by using the Contact Us page on our website (www.crownsofpower.com).
The term of this Agreement shall commence on the date Crowns of Power
provides you a product, service or membership and shall continue in force
thereafter, unless earlier terminated as provided herein.
2. Online Account Registration. When you complete Crowns of
Power's online registration process, you create a Crowns of Power online account
and become an online member. Your account includes without limitation, any data
related to your specific email address, password and character name such as
items, points, upgrades, power, guilds they may have started, guild upgrades,
etc. Your account allows you to participate in certain games, activities and
services on Crowns of Power. To create an account, you must enter an email
address and password. You create a character and select a name and that
character is your Crowns of Power online identity. You may not use a character
name that is used by someone else, and your character name cannot be vulgar, or
otherwise offensive, or be used in any way that violates the Terms of Service.
You may not provide false information during the registration process. You must
provide truthful and accurate information in creating your Crowns of Power
online account.
You are solely responsible for all activity on your account and for the
security of your computer system. You may not reveal your password to other
users. You agree to defend, indemnify and hold Crowns of Power, Rampid
Interactive, LLC, its agents, employees, affiliates, officers and
members/managers harmless for any improper or illegal use of your account. This
includes illegal or improper use by someone to whom you have given permission to
use your account. Your account is at risk if you let someone use it
inappropriately and your account in any of our services is subject to
termination if you or anyone using your account violates our Terms of Service.
If your account is terminated, you may not join Crowns of Power again without
our express permission.
3. Charges. From time to time and without notice of amendment or
revision, Crowns of Power may charge certain fees or other charges to access
certain areas of our sites, play certain games, purchase certain items and
participate in related activities. You must have a Crowns of Power online
account and pay the various fees to participate in these activities.
Rampid reserves the right to enforce a $30.00 penalty for each credit card
transaction disputed. This penalty may be enforced in the form of:
- Dollar amounts subtracted from the credit card account in question
- Points subtracted from current balance or;
- Items, equipment or other RampidGaming possessions removed from any accounts
associated with the account that initiated a transaction dispute
ALL FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE
IN WHOLE OR IN PART.
All changes to any fees or charges will be posted on Crowns of Power and
you are responsible for reviewing Crowns of Power to obtain timely notice of
such changes. Your continued use of the service after posting of the changes on
Crowns of Power means that you accept such changes. If any change is
unacceptable to you, you may cancel your subscription at any time, but Crowns of
Power will not refund any fees that may have accrued to your account before
cancellation of your subscription, and we will not prorate fees.
We may provide links to other web sites. Some of these web sites may
charge separate fees, which are not included in any fees or other charges that
you may pay to Crowns of Power. Crowns of Power may also provide access to
third-party vendors. Any separate charges or obligations you incur in your
dealings with these third parties are your responsibility.
4. Termination of Account. Crowns of Power and you both have the
right to terminate or cancel your account at any time. You understand and agree
that the cancellation of your account is your sole right and remedy with respect
to any dispute with Crowns of Power. This includes, but is not limited to, any
dispute related to, or arising out of: (1) any term of this Terms of Service or
Crowns of Power's enforcement or application of this agreement; (2) the content
available through Crowns of Power or any change in content provided through
Crowns of Power; (3) your ability to access and/or use Crowns of Power; or (4)
the amount or type of fees, surcharges, applicable taxes, billing methods, or
any change to the fees, applicable taxes, surcharges or billing methods.
You can cancel your account by delivering notice to Crowns of Power on
the Contact Us page. Crowns of Power reserves the right to collect fees,
surcharges or costs incurred before you cancel your account. In addition, you
are responsible for any charges incurred to third-party vendors or content
providers before your cancellation. In the event that your account is terminated
or canceled, no refund will be granted; no online time or other credits (e.g.,
points in an online game) will be credited to you or converted to cash or other
form of reimbursement, and you will have no further access to your account or
anything within Crowns of Power associated with it (such as points, tokens or
in-game items). Active Crowns of Power account holders may not allow former
account holders whose account has been terminated to use their accounts. Any
delinquent or unpaid accounts or accounts with unresolved issues must be settled
before Crowns of Power may allow you to register again.
CROWNS OF POWER MAY SUSPEND, TERMINATE AND/OR PERMANENTLY DISQUALIFY ANY
PLAYERS OR USERS OF THE SERVICE AT ANY TINE AND WITHOUT NOTICE, WHO, IN CROWNS
OF POWER'S SOLE DISCRETION, DETERMINE AS BEING IN VIOLATION OF THESE TERMS OF
SERVICE. ALL DECISIONS BY CROWNS OF POWER ARE FINAL.
5. Online Content/Conduct. By Content we mean the software,
communications, images, sounds and all the material and information you see on
Crowns of Power. Crowns of Power, our affiliates and our independent content
providers provide most of the Content on Crowns of Power. Crowns of Power does
not pre-screen all Content. You bear the entire risk of the completeness,
accuracy or usefulness of Content found on Crowns of Power.
Strong vulgar language, crude or explicit sexual references, discussions
of illegal drugs, and hate speech are always inappropriate Content for Crowns of
Power. Content standards may vary depending on where you are on Crowns of Power,
the type of game you are playing and the expectations of the community. Always
use your best judgment in online conduct. Crowns of Power representatives may
monitor your communications on Crowns of Power. If you encounter something you
don't want to see, you can report it on the Contact Us page. Crowns of Power
does not endorse, approve, or prescreen any Content that you or other users
communicate on the Service. Crowns of Power does not assume any responsibility
or liability for Content that is generated by members, players or other guests.
We reserve the right to remove Content that is objectionable to us for any
reason. This determination is in our sole discretion, and is final. Crowns of
Power does not assume any liability for any failure to remove, or any delay in
removing, Content. If we removed Content that you created, we may send you a
warning. If it's a serious offense or you've violated our rules before, we may
ban you from participating on Crowns of Power and terminate your Account.
Online conduct should be guided by common sense and basic etiquette. You
must also obey rules for use of third party tools, and rules of interactive
service providers, state, local, federal laws, or foreign or international law
where appropriate. We will terminate use of Crowns of Power and cooperate with
law enforcement for illegal behavior.
You agree that you will not (i) modify or cause to be modified any files
that are a part of the Program or the Service; (ii) create or use cheats, bots, "mods", and/or hacks, or any
other third-party software designed to modify the Crowns of Power experience; or (iii) use any third-party
software that intercepts, "mines", or otherwise collects information from or through the Program or the Service.
Notwithstanding the foregoing, you may update the Program with authorized patches and updates distributed by
Rampid Interactive LLC., and Rampid may, at its sole and absolute discretion, allow the use of certain third
party user interfaces.
You agree that you will be personally responsible for your use of Crowns
of Power and for all of your communication and activity on the service,
including any Content you contribute, and that you will indemnify and hold
harmless Crowns of Power, Rampid Interactive, LLC, its agents, employees,
affiliates, officers and members/managers from any liability or damages arising
from your conduct on Crowns of Power, including any Content that you contribute.
The following is a list of improper actions that are not acceptable and
violate the Terms of Service. This list is not all inclusive.
· Post, transmit,
promote or distribute Content that is illegal.
· Harass,
threaten, embarrass or do anything else to another player or guest that is
unwanted.
· Transmit or
facilitate distribution of Content that is harmful, abusive, racially or
ethnically offensive, vulgar, sexually explicit, defamatory, infringing,
invasive of personal privacy or publicity rights, or in a reasonable person's
view, objectionable.
· Disrupt the
flow of online chat in chat rooms with vulgar language and abusiveness
· Impersonate
another person, indicate, or attempt to mislead others, that you are an Crowns
of Power or a representative of Crowns of Power.
· Attempt to get
a password, other account information, or other private information from a
player or any other user.
· Upload any
software or Content that you do not own or have permission to freely distribute.
· Promote or
encourage any illegal activity including hacking, cracking or distribution of
counterfeit software.
· Upload files
that contain a virus or corrupted data.
· Post messages
for any purpose other than personal communication, including without limitation
advertising, promotional materials, chain letters, pyramid schemes or make any
commercial use of our service.
· Use or
distribute "auto" software programs, "macro" software programs or other "cheat
utility" software program or applications.
· You may not
modify any part of Crowns of Power or the service that Crowns of Power does not
specifically authorize you to modify.
· You may not
post or communicate any player's real-world personal information within Crowns
of Power.
· You will not
attempt to interfere with, hack into or decipher any transmissions to or from
the servers running Crowns of Power.
· You will not
exploit any bug in the service or in any Crowns of Power or Rampid Interactive,
LLC product to gain unfair advantage in the game or service and you will not
communicate the existence of any such bug (either directly or through the public
posting) to any other user or any third party. In its sole discretion, Crowns of
Power will remove any items obtained in this manner from a player/members
account without notice or remedy.
· You will not
participate in any service that provides online features or game play for Crowns
of Power that is not authorized by Crowns of Power.
· You will not do
anything that interferes with the ability of other users to enjoy playing Crowns
of Power, or that materially increases the expense or difficulty of Crowns of
Power in maintaining the service for the enjoyment of all its users.
If you encounter another user of the Crowns of Power who is violating
any of the Terms of Service, please report them by contacting an Outwar game
monitor.
Crowns of Power does not recognize or condone any outside service that
may be used for the exchange of points, assets or attributes that you may
accumulate as a result of participating in Crowns of Power. This includes the
exchange of points, items or any other Content on services such as auction sites
or of other third parties that facilitate sale or exchange of said points, items
or any other Content. We don't assume any responsibility for, and won't support,
such transactions.
YOUR ACCOUNT MAY BE TERMINATED IF YOU ARE FOUND BUYING, SELLING OR
EXCHANGING SAID ITEMS IN OR OUTSIDE OF CROWNS OF POWER. IN ITS SOLE DISCRETION,
CROWNS OF POWER WILL REMOVE SAID ITEMS FROM A PLAYER/MEMBERS ACCOUNT WITHOUT
NOTICE OR REMEDY. YOUR ACCOUNT MAY ALSO BE TERMINATED IF YOU ARE FOUND TRADEING
OR EXCHANGING ITEMS BETWEEN TWO OR MORE DIFFERENT OUTWAR SERVERS.
YOU FURTHER AGREE THAT THESE RULES WILL APPLY TO ANYONE THAT YOU ALLOW
TO USE YOUR SERVICE ACCOUNT OR USER ID, AND THAT YOU ARE PERSONALLY RESPONSIBLE
FOR THE CONSEQUENCES (INCLUDING TERMINATION OF YOUR ACCOUNT) THAT MAY RESULT IF
ANY SUCH PERSON BREAKS THESE RULES.
IN ORDER TO HELP MAKE THE SERVICE A GOOD EXPERIENCE FOR EVERYONE, CROWNS
OF POWER MAY OCCASIONALLY FIND IT NECESSARY TO MAKE CHANGES TO, OR RESET CERTAIN
PARAMETERS OF, THE SERVICE IN ORDER TO BRING IT BACK INTO BALANCE. THESE CHANGES
OR RESETS MAY AFFECT CHARACTERS, ITEMS, CREWS, ECT, UNDER YOUR CONTROL AND MAY
CAUSE YOU SETBACKS WITHIN THE GAME WORLD. CROWNS OF POWER HAS THE UNILATERAL
RIGHT TO MODIFY ANY AND ALL GAME MECHANICS (HOW THE GAME WORKS OR PLAYS, GAME
FUNCTIONS, CALCULATIONS, PROCEDURES, ETC.) WITHOUT WARNING OR NOTICE. CROWNS OF
POWER HAS THE UNILATERAL RIGHT TO REWARD, REMOVE OR MODIFY ANYTHING ON ANY
PLAYER'S ACCOUNT WITHOUT WARNING OR NOTICE.
THESE RULES MAY BE CHANGED, AND NEW RULES MAY BE ADDED, AT ANY TIME. YOU
AGREE TO CHECK THE SERVICE WEB SITE FROM TIME TO TIME TO REVIEW ANY RULE CHANGES
THAT CROWNS OF POWER MAY HAVE MADE.
6. Public Nature of Communications. You acknowledge and agree
that your communications on this Service are public and not private
communications, and that you have no expectation of privacy concerning your use
of this service. You acknowledge that personal information that you communicate
on this service may be seen and used by others and result in unsolicited
communications, therefore we strongly encourage you not to disclose any personal
information. Crowns of Power is not responsible for information that you choose
to communicate to other users on the service, or for the actions of other users.
Once you post or send any Content to Crowns of Power, you expressly grant Crowns
of Power the complete and irrevocable right to quote, re-post, use, reproduce,
modify, distribute, transmit, broadcast, and otherwise communicate, and publicly
display and perform the Content in any form, anywhere, with or without
attribution to your screen name in Crowns of Power's sole discretion, and
without any notice or compensation to you of any kind.
7. Commercial Activity and Unsolicited E-mail. You may not
advertise any goods or services on Crowns of Power. You may not exploit Crowns
of Power for any commercial purpose. Any violation of these provisions can
subject your account to immediate termination and further legal action.
8. Use of Machines, Computers, Scripts. The use of machines,
computers, scripts or any automated system on Crowns of Power is strictly
prohibited and may result in criminal liability. You may only play Crowns of
Power with one type, version or copy of browsing software application at any one
time.
9. Proprietary Rights; Copyrights and Trademarks. Much of the
Content available on Crowns of Power is owned by Crowns of Power, Rampid
Interactive, LLC or our licensors, and is protected by copyrights, trademarks,
and other intellectual property rights. You shall not copy or download any
Content from Crowns of Power unless we have expressly authorized you to do so.
You must have the legal right to upload any Content to Crowns of Power before
you do so. You shall not copy, transmit, modify, distribute, show in public or
in private, modify or create any derivative works from the Content you find on
Crowns of Power, unless Crowns of Power expressly authorizes you to do so in
writing. Making unauthorized copies of any Content found on Crowns of Power can
lead to the termination of your account(s) and may subject you to further legal
action. Similarly, other content owners may take criminal or civil action
against you. In that event, you agree to indemnify and hold harmless Crowns of
Power, Rampid Interactive, LLC and its subsidiaries, affiliates, related
companies, employees, officers, members/managers and agents.
10. Confidentiality/Privacy. During the term of this agreement,
you may have access to certain non-public information of Crowns of Power, which
information a reasonable person would consider confidential or which is marked
as "confidential" or "proprietary" by Crowns of Power, is hereby collectively
defined as "Confidential Information". This Confidential Information does not
include information that is generally in the public domain. You agree not to
disclose any Confidential Information to any third parties or to use any
Confidential Information for any purposes except to carry out your obligations
under this agreement. You shall take every effort to keep such Confidential
Information confidential, using the same degree of care you use to protect your
own confidential information, as long as you use at least reasonable care. Each
party acknowledges and agrees that due to the unique nature of the Confidential
Information, any such breach may allow one party or third parties to unfairly
compete with the other party resulting in great harm to non-breaching party. All
subscribers to Crowns of Power services allow and authorize Crowns of Power, its
associates, affiliates, and any third-party organization that Crowns of Power is
involved with, the right to use your valid email address for marketing programs
or for any other reason Crowns of Power deems necessary or appropriate.
Notwithstanding the above, any ideas, Content, graphics or other
information submitted to Crowns of Power remain property of Crowns of Power
without remuneration to the submitting party. The submitting party agrees to
indemnify, hold harmless and defend Crowns of Power, Rampid Interactive, LLC,
its agents, employees, affiliates, officers and members/managers from any
improper or illegal use of such ideas, Content, graphics or other information.
For your convenience, we have an idea submission form at: http://www.Crowns of
Power/submititems.php.
YOU ALSO AUTHORIZE RAMPID INTERACTIVE, LLC, CROWNS OF POWER, ITS
ASSOCIATES, AFFILIATES, AND ANY THIRD-PARTY ORGANIZATION THAT CROWNS OF POWER IS
INVOLVED WITH, THE RIGHT TO SELL YOUR VALID EMAIL ADDRESS TO ANY PERSONS OR
COMPANIES WILLING TO PURCHASE THE VALID EMAIL ADDRESS. NOTE THAT CROWNS OF POWER
RIGHT TO SELL USER INFORMATION DOES NOT NECESSARILY IMPLY THAT USER INFORMATION
IS SOLD.
11. Downloaded Software. Some services may require that you
download software from Crowns of Power or its licensors onto your computer.
Crowns of Power grants to you a non-exclusive, limited license to use the
software to use the services. You may not sub-license, or charge others to use
or access the software. You may not use the software for any other purpose. You
may not translate, reverse-engineer, reverse-compile or decompile, disassemble
or make derivative works of the software. You may not modify the software or use
it in any way not expressly authorized in writing by Crowns of Power. You
understand that Crowns of Power's introduction of various technologies may not
be consistent across all platforms and that the performance and some features
offered by Crowns of Power may vary depending on your computer and other
equipment.
NEITHER CROWNS OF POWER, RAMPID INTERACTIVE, LLC NOR ITS LICENSORS HAVE
ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE SOFTWARE
(INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO
YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING
WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES
WITH YOU.
Crowns of Power software may be subject to United States export
controls. By downloading the software from, you warrant that you are not located
in any country, or exporting the software to any person or place, to which the
United States has embargoed goods.
12. User's Computer Information. When you connect to Crowns of
Power, we may retrieve information from the computer used to log onto the
service about the computer's hardware system and any data related to the
computer's operation of Crowns of Power's software. We will not collect any
personal information about you, however, without your knowledge and consent as
stated in our Privacy Policy.
Crowns of Power may include hyperlinks to web sites operated by parties
other than Crowns of Power including advertisers and other content providers.
Those sites may collect data or solicit personal information from you. Crowns of
Power does not control such web sites, and is not responsible for their content,
privacy policies, or for the collection, use or disclosure of any information
those sites may collect.
13. LIMITATIONS ON WARRANTY AND LIABILITY. YOU EXPRESSLY AGREE
THAT THE USE OF RAMPID INTERACTIVE, LLC, CROWNS OF POWER, ITS SERVICES AND
SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. CROWNS OF POWER'S PRODUCTS,
SERVICES AND SOFTWARE, AND ANY THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF
EXCLUSION. CROWNS OF POWER AND RAMPID INTERACTIVE, LLC PROVIDE THE SERVICE ON A
COMMERCIALLY REASONABLE BASIS AND DO NOT GUARANTEE THAT YOU WILL BE ABLE TO
ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT CROWNS
OF POWER WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY
SPECIFIC GEOGRAPHIC AREA.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY
DISPUTE WITH RAMPID INTERACTIVE, LLC, CROWNS OF POWER OR ITS LICENSORS IS TO
STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT) YOU ACKNOWLEDGE AND AGREE
THAT RAMPID INTERACTIVE, LLC, CROWNS OF POWER, ITS SUBSIDIARIES, LICENSORS AND
AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER
PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR USE OF
CROWNS OF POWER'S SOFTWARE. IN NO CASE SHALL CROWNS OF POWER, RAMPID
INTERACTIVE, LLC OR ITS SUBSIDIARIES, LICENSORS, AFFILIATES', EMPLOYEES',
OFFICERS', OR MEMBERS/MANAGERS (COLLECTIVELY, " CROWNS OF POWER AFFILIATES")
LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO CROWNS OF POWER FOR THE
SERVICE. IN NO CASE SHALL CROWNS OF POWER OR CROWNS OF POWER AFFILIATES BE
LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF CROWNS
OF POWER'S SERVICES AND SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN
ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH CROWNS OF POWER. BECAUSE SOME STATES
OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CROWNS OF
POWER'S AND CROWNS OF POWER AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL
EXTENT PERMITTED BY LAW. CROWNS OF POWER DOES NOT ENDORSE, WARRANT OR GUARANTEE
ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH CROWNS OF POWER AND WILL NOT
BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
CROWNS OF POWER AND CROWNS OF POWER AFFILIATES SHALL NOT BE LIABLE
HEREUNDER FOR SERVER DOWNTIME, DATA LOSS OR BY REASON OF ANY FAILURE OR DELAY IN
THE PERFORMANCE OF ITS OBLIGATIONS ON ACCOUNT OF STRIKES, SHORTAGES, RIOTS,
INSURRECTION, FIRES, FLOOD, STORM, EXPLOSIONS, EARTHQUAKES, INTERNET OUTAGES,
ACTS OF GOD, WAR, TERRORISM, GOVERNMENTAL ACTION OR ANY OTHER CAUSE THAT IS
BEYOND THE REASONABLE CONTROL OF CROWNS OF POWER OR ITS AFFILIATES.
14. INDEMNIFICATION. Upon request by Crowns of Power, you agree
to defend, indemnify and hold harmless Crowns of Power, Rampid Interactive, LLC
and its affiliates, subsidiaries, employees, contractors, officers,
members/managers, vendors and content providers from all liabilities, claims and
expenses, including attorneys' fees, that arise from a breach of these Terms of
Service for which you are in any way responsible or in connection with your
transmission of any Content on Crowns of Power. You will not enter into any
settlement or compromise of any such claim without Crowns of Power's prior
consent, which shall not be unreasonably withheld. Crowns of Power reserves the
right, at your expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you. This Section shall survive
termination of this Agreement.
15. MISCELLANEOUS. You agree that these Terms of Service are not
intended to confer and do not confer any rights or remedies upon any person
other than the parties to this agreement. You also understand and agree that the
Crowns of Power Terms of Service and the Crowns of Power Privacy Policy,
including Crowns of Power's enforcement of those policies, are not intended to
confer, and do not confer, any rights or remedies upon any person. If any part
of this agreement is held invalid or unenforceable, that portion shall be
construed in a manner consistent with applicable law to reflect, as nearly as
possible, the original intentions of the parties, and the remaining portions
shall remain in full force and effect.
Crowns of Power may assign its rights or delegate its obligations under
this agreement without your prior written consent, as long as the assignee
expressly assumes in writing the performance of all of the terms of this
agreement.
This agreement shall not be construed to create a joint venture or
partnership between the parties. Neither party shall be deemed to be an
employee, agent, partner nor legal representative of the other for any purpose
and neither shall have any right, power or authority to create any obligation or
responsibility on behalf of the other.
The failure of Crowns of Power at any time or times to require
performance of any provision hereof shall in no manner affect the right at a
later time to enforce the same. No waiver by Crowns of Power of the breach of
any term or covenant contained in this agreement, whether by conduct or
otherwise, in anyone or more instances, shall be deemed to be, or construed as,
a further or continuing waiver of any such breach or a waiver of the breach of
any other term or covenant contained in this agreement.
The laws of the State of New Hampshire govern this agreement and your
membership. As noted above, player/member conduct may be subject to other local,
state, national and international laws. You expressly agree that exclusive
jurisdiction for any claim or dispute with Crowns of Power, Rampid Interactive,
LLC or relating in any way to your membership or your use of Crowns of Power's
services resides in the courts of New Hampshire and you further agree and
expressly consent to the exercise of personal jurisdiction in the courts of New
Hampshire in connection with any such dispute including any claim involving
Crowns of Power, Rampid Interactive, LLC or its affiliates, subsidiaries,
employees, contractors, officers, members/managers, vendors and content
providers.
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