WORLD OF SHATTERED SKIES

LAST MAN STANDING – BADLANDS – SHATTERED SKIES

 

 Terms of Service

Last Updated on March 15, 2017

Shattered Skies, Badlands and Last Man Standing (the ”Game”) are developed for and distributed and operated by FREE REIGN ENTERTAINMENT, LLC (“Free Reign Entertainment”), a Delaware limited liability company. PLEASE READ this TERMS OF SERVICE AGREEMENT (the “Terms of Service”) CAREFULLY.

The Game includes two components: (a) the software program along with any accompanying materials or documentation (collectively, the “Game Client”) and (b) Free Reign Entertainment’s massively multiplayer online game service (the “Service”).  Your use of the Game Client is subject to the End User License Agreement (the “EULA”).  Your use of the Service is subject to this Terms of Service.

BY CLICKING THE ”ACCEPT” OR ”I AGREE” BUTTON TO ENTER THE GAME OR BY PARTICIPATING IN OR OTHERWISE OPERATING THE GAME, THE SERVICE OR BY USING THE GAME WEBSITE (www.playshatteredskies.com, www.freereign.net) (THE “SITE”), THE USER (“YOU”) AGREES THAT THIS TERMS OF SERVICE IS AN ENFORCEABLE, LEGALLY BINDING DOCUMENT. IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS OF THIS TERMS OF SERVICE, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS TERMS OF SERVICE AND DO NOT PARTICIPATE IN THE GAME OR THE SERVICE OR USE THE SITE.

ONCE YOU AGREE TO THIS TERMS OF SERVICE AND THE EULA AND SERVICE FOR THE GAME COMMENCES, YOU WILL NO LONGER BE ELIGIBLE FOR A REFUND FOR ANY AMOUNTS OR OTHER CONSIDERATION PAID BY YOU FOR THE USE (OR FUTURE USE) OF THE GAME CLIENT OR THE SERVICE.

This Terms of Service sets forth the terms and conditions under which you are provided access to the Game Client, support, the Site, billing, and the Service by Free Reign Entertainment for ”World of Shattered Skies”.

1.    Grant of a Limited License to Use the Service. Subject to your agreement to and continuing compliance with this Terms of Service, you may use the Service solely for your own non-commercial entertainment purposes by accessing it with a web browser or an authorized, unmodified Game Client. You may not use the Service for any other purpose, or using any other method.

2.    Additional License Limitations. The license granted to you in Section 1 is subject to the limitations set forth in this Terms of Service (collectively, the “License Limitations”). Any use of the Service or the Game Client in violation of the License Limitations will be regarded as an infringement of Free Reign Entertainment’s copyrights in and to the Service and/or Game Client. You agree that you will not, under any circumstances:

a.     Use cheats, automation software (bots), hacks, mods or any other third-party software designed to modify, enhance, or otherwise alter the Service, the Game Client or the Game experience without the express written consent of Free Reign Entertainment.

b.    Exploit the Game or any part thereof for any commercial purpose, including without limitation (i) use for monetary gain without the express written consent of Free Reign Entertainment; (ii) to communicate or facilitate any commercial advertisement or solicitation; (iii) gathering in-game currency, items or resources for sale outside the Game without Free Reign Entertainment’s authorization; and (iv) performing in-game services in exchange for payment outside the Game (e.g., power-leveling or public performances).

c.     host, provide or develop services for the Game or intercept, emulate or redirect the communication protocols used by or on behalf of Free Reign Entertainment (or any of its licensees or authorized agents) in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Game, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including without limitation unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks.

d.    Facilitate, create or maintain any unauthorized connection to the Game, including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Service or the Game Client; and (ii) any connection using programs or tools not expressly approved by Free Reign Entertainment.

e.    Use any unauthorized third-party software that intercepts, “mines”, or otherwise collects information from or through the Game, including without limitation any software that reads areas of RAM used by the Game Client or the Service to store information about a character or a Game environment.

f.   Modify or cause to be modified any files that are a part of the Game Client or the Service in any way not expressly authorized by Free Reign Entertainment.

g.     Disrupt or assist in the disruption of (i) any computer used to support the Game Client, the Service or any Game environment (each a “Server”); or (ii) any other player's Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE GAME CLIENT OR THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

3.    Requirements. Before you can use the Service or otherwise operate the Game, you must agree to the provisions of this Terms of Service and the Code of Conduct (defined below) included herein, the EULA and the Privacy Policy, available at https://www.freereign.net/Privacy.html (the “Privacy Policy”). Additionally, you acknowledge that you are responsible for any Internet connection and service fees that you incur when accessing the Service or the Game Client.

4.    Accessing the Service.

a.     Account Eligibility. You may establish a Service account (“Account”) only if (i) you are 18 years of age or older; and (ii) you are at least of the age of majority in your place of residence. By accepting this Terms of Service, you hereby represent and warrant that you meet each of these eligibility requirements. 

b. Use of Service by Minors.  You agree to this Terms of Use on behalf of yourself and, at your discretion, for your minor child for whom you are a parent or guardian and whom you have authorized to play the Game using the license granted to you.  You agree that you will be responsible for all uses of the Account and Game by your child whether or not such uses were authorized by you, including without limitation, your child’s acceptance of this Terms of Service, the Code of Conduct, the EULA and the Privacy Policy.

c.    Establishing an Account. When creating or updating an Account, you are may be required to provide Free Reign Entertainment with certain personal information such as your name, address, phone number and email address. You agree that you will supply accurate and complete information to Free Reign Entertainment when requested, and that you will update any such information promptly after it changes.

d.     Username and Password. During the Account creation process, you may be required to select a unique username and/or a password (collectively referred to hereunder as “Login Information”), and you may not share your Account or the Login Information with anyone other than as expressly set forth herein. You are responsible for maintaining the confidentiality of your Account and the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized use of your Account or disclosure of the Login Information, you must immediately notify Free Reign Entertainment support at [email protected].

d.    Character Names. You may not select a character name that is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable, or that misappropriates or infringes the rights of any third party, or falsely indicative of an association with Free Reign Entertainment. Free Reign Entertainment may (i) modify any name which, in the sole and exclusive judgment of Free Reign Entertainment, violates this provision without further notification to you, and (ii) take such other further disciplinary measures, including account termination, for repeated violations, as Free Reign Entertainment deems appropriate, in its sole discretion.

5.    Account Suspension/Cancelation.

a.     FREE REIGN ENTERTAINMENT MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY ACCOUNT(S) AT ANY TIME OR FROM TIME TO TIME, FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT ANY AND ALL GAME ASSETS AND/OR ACCOUNTS MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME OR FROM TIME TO TIME, BY OR AT THE DIRECTION OF FREE REIGN ENTERTAINMENT, FOR ANY REASON OR NO REASON AT ALL, INCLUDING, WITHOUT LIMITATION FOR ANY VIOLATION OF THIS TERMS OF SERVICE, THE CODE OF CONDUCT, THE EULA OR THE PRIVACY POLICY, AT THE SOLE AND EXCLUSIVE DISCRETION OF FREE REIGN ENTERTAINMENT. FREE REIGN ENTERTAINMENT EXPRESSLY DISCLAIMS ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON SERVERS OPERATED BY FREE REIGN ENTERTAINMENT, INCLUDING, WITHOUT LIMITATION, GAME ASSETS. YOU UNDERSTAND AND AGREE THAT FREE REIGN ENTERTAINMENT HAS THE RIGHT TO REMOVE ANY GAME ASSETS IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITHOUT LIABILITY OF ANY KIND TO YOU.

b.    You may cancel any Account registered to you at any time by following the instructions on the Site. In the event that you terminate or breach this Terms of Service, you will forfeit your right to any and all payments you may have made for pre-purchased Game access or otherwise relating to the Services. You acknowledge and agree that you are not entitled to any refund for any amounts which were pre-paid prior to any termination of this Terms of Service.

6.    Updates.

a.     Agreements. Free Reign Entertainment may update this Terms of Service as the Game and the law evolve. The next time you use the Service after any such update, you may be prompted to agree to or decline the revised Terms of Service. You must agree to all revisions if you choose to continue using the Service. If any future changes to this Terms of Service are unacceptable to you or cause you to no longer be in compliance with this Terms of Service, You may terminate this Agreement in accordance with Section 10. Material changes to this Terms of Use Agreement will not be applied retroactively. Your installation and use of any enhancements, fixes, patches, updates or other modifications to the Game Client or the Service or your continued use of the Service following any revision to this Terms of Service constitutes your complete and irrevocable acceptance of any and all such changes. Free Reign Entertainment may also revise other policies, at any time, and the new versions will be available on the Site. If at any point you do not agree to any portion of the then-current version of this Terms of Service, the Code of Conduct, the EULA, the Privacy Policy or any other agreement relating to your use of the Game, you must immediately stop using the Game Client and the Service.

b. Software and Services.  In an effort to improve its products and services, Free Reign Entertainment may require that you download and install updates to the Game.  You acknowledge and agree that Free Reign Entertainment may update the Game with or without notifying you.

7.    Ownership.

a.     Game. All right, title, interest, license and intellectual and other property rights in and to the Game (and all elements thereof, including any enhancements, fixes, patches, updates and other modifications relating thereto) and all copies or other reproductions thereof (including, without limitation, the copyright and other intellectual property rights in any titles, computer code, images, photographs, animations, video, audio, music, themes, objects, characters, character names or profile information, stories, dialog, catch phrases, locations, concepts, artwork, character, structural or landscape designs, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, in-game chat transcripts, any related documentation or text incorporated into the Game or recordings or replays of any portion of the Game) are owned or licensed for use by Free Reign Entertainment and its licensors. Free Reign Entertainment reserves all rights in connection with the Game, including without limitation the exclusive right to create derivative works. Any reproduction or redistribution of the Game not in accordance with any policy or agreement, including without limitation this Terms of Service, the Code of Conduct, the EULA and the Privacy Policy, is expressly prohibited by law, and may result in severe civil and criminal penalties.

b.    Account. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE SOLELY TO THE BENEFIT OF FREE REIGN ENTERTAINMENT. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, without the express written permission of Free Reign Entertainment, and any such attempt shall be null and void and may result in the forfeiture of your Account.

c.     Virtual Items. As between you and Free Reign Entertainment, Free Reign Entertainment owns, has licensed, or otherwise has exclusive rights to all of the content that appears in the Service or otherwise in the Game. You agree that except as set forth in the EULA, you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in the Game, or any other attributes associated with the Account or stored on the Server. Free Reign Entertainment does not recognize any purported transfers of virtual property executed outside of the Game, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Game, unless otherwise expressly authorized by Free Reign Entertainment in writing. Accordingly, you may not sell in-Game items or currency for “real” money, or exchange those items or currency for value outside of the Game, without the express written permission of Free Reign Entertainment. Free Reign Entertainment shall not be liable in any manner for the destruction, deletion, modification, impairment, hacking of or any other damage OR LOSS of any kind CAUSED to ANY OF THE game assets, INCLUDING, BUT NOT LIMITED TO, DELETION OF game assets UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT. The sale of Accounts and virtual items and transfer of the Accounts and virtual items between you and any other third parties may only be conducted via services provided by Free Reign Entertainment.

8.    Code of Conduct.  Your use of the Game is governed by the following rules (the “Code of Conduct”) maintained and enforced exclusively by Free Reign Entertainment. It is your responsibility to know, understand and abide by this Code of Conduct. The following rules are not meant to be exhaustive, and Free Reign Entertainment reserves the right to deem conduct outside the spirit of the Game and to take disciplinary action as it deems appropriate, in its sole discretion, including termination and deletion of the Account. Free Reign Entertainment reserves the right to modify this Code of Conduct at any time.

a.     Character Names. In selecting a character name, you must abide by this Code of Conduct and the rules of common decency. You may not select a character name that (i) is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable; (ii) is falsely indicative of an association with Free Reign Entertainment; (iii) misappropriates or infringes the rights of any third party; (iv) refers or belongs to a popular culture figure, celebrity, or media personality; or (v) is, contains, or is substantially similar to a trademark or service mark, whether registered or not. Free Reign Entertainment may (x) modify any name which, in the sole and exclusive judgment of Free Reign Entertainment, violates this provision without further notification to you, and (y) take such other further disciplinary measures, including account termination, for repeated violations, as Free Reign Entertainment deems appropriate, in its sole discretion.

[b.         Rules Related to Chat. Communicating in-game with other users and representatives of Free Reign Entertainment is referred to here as "Chat." When engaging in Chat, you may not: (i) act in a manner that is falsely indicative of an association with Free Reign Entertainment; (ii) use language which, in the sole and absolute discretion of Free Reign Entertainment, is deemed to be offensive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above; (ii) take actions having a disruptive effect on the normal flow of Chat or otherwise act in a manner that negatively affects other users, including without limitation posting commercial solicitations, advertisements or other unsolicited or unwelcome messages; or (iii) communicate or post any user's personal information in the Game, or on websites or forums related to the Game, except that a user may communicate his or her own personal information in a private message directed to a single user.]

 

c.   Rules Related to Game Play. Free Reign Entertainment considers most conduct to be part of the Game.  However, certain acts go beyond the spirt of the Game and are considered serious violations of this Code of Conduct and this Terms of Service. Those acts include, but are not necessarily limited to (i) exploiting errors in design, features which have not been documented, and/or "program bugs" to gain access that is otherwise not available, or to obtain a competitive advantage over other players; (ii) conduct prohibited by the EULA or elsewhere in this Terms of Service; and (iii) anything that Free Reign Entertainment considers, in its sole discretion, contrary to the spirit of the Game.

9.    Restrictions and Conditions of Use

a.     No Violation of Laws. You agree that you will not, in connection with your use of a Game Client or the Service, violate any applicable law or regulation. You will not make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity), or otherwise violates any applicable law.

b.    Misuse of Service. You may not connect to or use the Service in any way not expressly permitted by this Terms of Service. Without limiting the foregoing, you agree that you will not (i) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Service or otherwise attempt to disrupt the Service or any other person's use of the Service; or (ii) attempt to gain unauthorized access to the Service, Accounts registered to other players, or the computer systems or networks connected to the Service.

c.     No Data Mining. You agree that you will not (i) obtain or attempt to obtain any information from the Service or the Game Client using any method not expressly permitted by Free Reign Entertainment; (ii) intercept, examine or otherwise observe any proprietary communications protocol used by a Game Client or the Service, whether through the use of a network analyzer, packet sniffer or other device; or (iii) use any third-party software to collect information from or through a Game Client or the Service, including without limitation information about your character, any Account registered to you, virtual items, other players, or other Game data.

d.    User Content. ”User Content” means any communications, images, sounds, and all the material and information that you upload or transmit through a Game Client or the Service, or that other users upload or transmit, including without limitation any chat text. You hereby grant Free Reign Entertainment a perpetual, irrevocable, royalty free, worldwide, non-exclusive, license, including the right to sublicense to third parties, and right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use, practice and otherwise exploit such User Content as well as all modified and derivative works thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you have or in the future may have in any User Content.

e.    Content Screening and Disclosure. Free Reign Entertainment does not, and cannot, pre-screen or monitor all User Content. However, Free Reign Entertainment’s representatives may monitor and/or record your communications (including without limitation chat text whenever available) when you are using the Service or playing the Game, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy with concerning the transmission of any User Content, including without limitation chat text or voice communications. Free Reign Entertainment des not assume any responsibility or liability for User Content that is generated by users. Free Reign Entertainment has the right, but not the obligation, in its sole discretion, to edit, refuse to post, or remove any User Content. FREE REIGN ENTERTAINMENT ALSO RESERVES THE RIGHT, AT ALL TIMES AND IN ITS SOLE DISCRETION, TO DISCLOSE ANY USER CONTENT AND OTHER INFORMATION (INCLUDING WITHOUT LIMITATION CHAT TEXT, VOICE COMMUNICATIONS, INTERNET PROTOCOL (“IP”) ADDRESSES, AND YOUR PERSONAL INFORMATION) FOR ANY REASON, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this or any other agreement; (c) to protect its legal rights and remedies; (d) where it feels that someone's health or safety may be threatened; or (e) to report a crime or other offensive behavior.

f.      Links to Third-Party Websites. The Site may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to Free Reign Entertainment’s users and visitors. Such Linked Sites are not under the control of Free Reign Entertainment, and Free Reign Entertainment is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites and do so at your own risk, without liability to Free Reign Entertainment.

10.    Termination.  This Terms of Service shall commence upon your acceptance of the terms and conditions set forth herein and shall continue thereafter until terminated. You may terminate this Terms of Service at any time by (i) destroying all copies of the Game in your possession or control; (ii) permanently removing the Game from all of Your computers and game operating devices; and (iii) officially cancelling your Account. Free Reign Entertainment may terminate this Terms of Service at any time, for any reason or no reason at all, without your consent or any further notice to you. Upon termination of this Terms of Service for any reason, all licenses granted herein automatically, and without any further action by Free Reign Entertainment, shall immediately terminate, and you must immediately and permanently destroy all copies of the Game in your possession or control and permanently remove the Game Client from all of your computers and game operating devices.  

11.    Disclaimer of Warranties. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, UNINTERRUPTED USE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. FREE REIGN ENTERTAINMENT DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME CLIENT OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  The entire risk of arising out of the use of the Game remains with you. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you. 

12.  Limitation of Liability; Indemnification.

a.     Limitation of Liability.  NEITHER FREE REIGN ENTERTAINMENT NOR ANY OF ITS PARENT COMPANIES, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, ATTORNEYS-IN-FACT, LICENSORS OR ADVISORS (THE “RELATED PERSONS”) SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE GAME OR THE SERVICES OR ANY USE THEROF, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, NEITHER FREE REIGN ENTERTAINMENT NOR ANY RELATED PERSONS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS (E.G., ARMOR, POTIONS, ITEMS, POSTS, WEAPONS, ETC.) OR CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE GAME, THE SERVERS AND/OR THE SERVICE. IN NO EVENT SHALL FREE REIGN ENTERTAINMENT OR ANY RELATED PERSONS BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION, ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL FREE REIGN ENTERTAINMENT OR ANY RELATED PERSONS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL FREE REIGN ENTERTAINMENT'S LIABILITY (OR ANY OF THE RELATED PERSONS’ LIABILITY), WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED (IN THE AGGREGATE) THE TOTAL FEES PAID BY YOU TO FREE REIGN ENTERTAINMENT DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE TIME SUCH CLAIM AROSE.

b. Indemnification.  YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FREE REIGN ENTERTAINMENT AND ALL RELATED PERSONS FROM AND AGAINST ANY CLAIM, LIABILITY, LOSS, INJURY, DAMAGE, COST OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED BY FREE REIGN ENTERTAINMENT AND ANY RELATED PERSONS ARISING FROM, OUT OF OR OTHERWISE RELATING TO YOUR USE OF THE GAME, OR ANY ELEMENT THEREOF OR YOUR BREACH OF ANY DUTY OR OBLIGATION UNDER THIS TERMS OF SERVICE, THE CODE OF CONDUCT, THE EULA OR THE PRIVACY POLICY.

13.  Dispute Resolution and Governing Law.

a.     Informal Negotiations. Disputes can be expensive and time consuming for both parties. In an effort to accelerate resolution and reduce the cost of any dispute, controversy or claim related to this Terms of Service (“Dispute”), you and Free Reign Entertainment agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below in paragraph 13(b) (i) through (iii) or as contemplated in paragraph 13(e)) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Negotiations will begin upon written notice. Free Reign Entertainment will notify you through the contact information you provided at registration. You will send your notice by email to [email protected]

 

b.    Binding Arbitration. If the parties are unable to resolve a Dispute through negotiations, the Dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration as contemplated herein which shall be final and binding upon you and Free Reign Entertainment. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available that the AAA website www.adr.org, as updated from time to time. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Terms of Service, you and Free Reign Entertainment may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. Notwithstanding the foregoing, you and Free Reign Entertainment agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (i) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or Free Reign Entertainment’s (or its affiliates or licensee’s) intellectual property rights; (ii) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for injunctive relief. For such Disputes as listed in paragraph 13(b)(i), (ii) and (iii), Free Reign Entertainment may at its sole discretion have the Dispute tried by a court in your jurisdiction to obtain a judgment enforceable in your jurisdiction.

c.     Restrictions. You and Free Reign Entertainment agree that any arbitration shall be limited to the Dispute between Free Reign Entertainment and you individually. YOU ACKNOWLEDGE AND AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER PARTY; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.

d.    Governing Law and Jurisdiction. Except as expressly provided otherwise, this Terms of Service shall be governed by, and will be construed under, the laws of the United States of America and the laws of the State of Delaware, without regard to choice of law principles. Any Dispute not subject to arbitration shall be decided by a court of competent jurisdiction within the State of Delaware, United States of America, and you and Free Reign Entertainment hereby irrevocably consent to the exclusive personal jurisdiction of that court. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For customers who purchased a license to the Game in, and reside outside the United States, other laws may apply with respect to the mandatory arbitration provisions set forth above, and, in such an event, you agree that such laws shall only affect this Terms of Service only to the extent required by such jurisdiction.

e.    Equitable Relief. You hereby acknowledge and agree that (i) Free Reign Entertainment would be irreparably damaged if the terms of this Terms of Service, the Code of Conduct, the EULA or the Privacy Policy were breached, threatened to be breached or not specifically enforced; and (ii) in addition to such other remedies available to it at law, in equity or otherwise, Free Reign Entertainment is hereby entitled, without providing bond, other security, or proof of damages, to seek temporary restraining orders and permanent injunctive relieve against Your anticipated, actual or continued breach of Your duties and obligations as contemplated under this Terms of Service, the Code of Conduct, the EULA or the Privacy Policy. In the event any litigation or other action is brought by either party in connection with this Terms of Service, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses reasonably incurred by such prevailing party in such litigation or action.

f.      Severability. You and Free Reign Entertainment agree that if any portion of this Terms of Service is found illegal or unenforceable, that portion shall be severed and the remainder of the Section and the rest of this Terms of Service shall be given full force and effect.

14.  Disclosures.

a.     Access to Computer Data. Pursuant to United States Code (U.S.C.), Title 18, Part 1, Section 2701 Part(c), Free Reign Entertainment reserves the right to scan your system to ensure that your connection does not provide a network or security risk to it, its servers or its users.

b.     Information.  Free Reign Entertainment may collect information about your computer system such as system specifications, software versions, builds and your IP address.  Free Reign Entertainment uses this information to enable developers to optimize the game and/or to troubleshoot technical issues.

15.  General.

a.    Assignment and Beneficiaries. Free Reign Entertainment may assign all or any portion of this Terms of Service and its rights and obligations hereunder, in whole or in part, to any person or entity at any time with or without your consent and without notice to you. You may not assign all or any portion of this Terms of Service. Any unauthorized assignment by you shall be null and void. This Terms of Service will inure to the benefit of Free Reign Entertainment and its successors and assigns. Each Free Reign Entertainment’s subsidiaries and other affiliates are intended to be third party beneficiaries of the provisions of this Terms of Service.

b.    Entire Agreement. This Terms of Service, including the documents expressly incorporated by reference herein, constitutes the entire agreement between you and Free Reign Entertainment with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Free Reign Entertainment with respect to the Service; provided, however, that this Terms of Service shall coexist with, and shall not supersede, the EULA, the Privacy Policy or the Code of Conduct for the Game. In the event of a conflict or inconsistency between this Terms of Service and the EULA, the terms of this Terms of Service shall control.

c.      Survival. The provisions of Sections 7, 11-13 and 15 shall survive any termination of this Terms of Service.

d.      Force Majeure. Free Reign Entertainment shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Free Reign Entertainment, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Free Reign Entertainment’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

e.    Notices. All notices given by you or required under this Agreement shall be in electronic form and sent by e-mail to [email protected]

 

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AND AGREE THAT MY USE OF THE GAME IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE.