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Terms of Service

(Last updated on: July 25, 2017)

These terms of service (“Terms”) are a binding contract between you and us, and govern the relationship between you and us. “We” or “us” refers to our company Kingdom Crafting LLC, which is responsible for the website (at savetheworldornot.com, savetheworldornot.net, and savetheworldornot.org), the Save the World or Not® game service, and related services like the Save the World or Not® newsletter and customer service. We collectively refer to all these services, our products and software, and any content and data within and available through these, as “Services” in the following.

Please note that if you are legally not allowed or otherwise barred to enter into these Terms, e.g., if you are under the age of majority in your jurisdiction, or you do not understand these Terms, or you do not agree to these Terms, you are not authorized to access or use any of our Services.

By ordering, purchasing, subscribing to, accessing, interacting, and using our Services in any way, or interacting with us by other means, you acknowledge that you have read, understood, and agree to these Terms. As our Services and the law are continuously updated and evolving, these Terms and other terms may be revised by us from time to time, and the most recent versions will be accessible at our website savetheworldornot.com. Your continued access and use of our Services constitutes your acceptance of the revised terms, and we recommend reviewing the current versions from time to time. If a material change is made, we may notify customers of our Services, by sending an email to the email address that you registered with us, by means of a notice on the Services, or other places we think are appropriate. What constitutes a “material change” will be determined at our sole discretion, in good faith, and using common sense and reasonable judgment.

Our privacy policy is part of the Terms, and contained in a separate document. You can review it here.

1. ACCESS RESTRICTIONS

Our Services are for a mature adult audience and contain SEXUALLY EXPLICIT and VIOLENT content matters. You confirm that you are legally allowed in your territory to view/receive such material, that you desire to view/receive this material, that you find sexually explicit and violent material neither obscene nor offensive in any way, that it is for your own personal use, and that you will take appropriate steps in order to make sure that no person not allowed to access our Services is exposed to our Services.

The legal landscape is constantly evolving, and it is difficult to predict what kind of laws will become applicable to our Services. On our request, you confirm that you will provide us with, or allow us to acquire, any documentation that we will need in order to establish that you are legally allowed to use our Services. Associated costs may need to be taken over by you. If you deny such a request or do not answer within a reasonable or stated timeframe, we are allowed to terminate (or not start) the provision of our Services to you, without any refunds or compensation.

2. PURCHASING

The price payable by you is the price indicated at the website and in the in-game shop. If you are located in the European Union, the price includes the applicable VAT. Failure on our part to invoice you for any applicable taxes does not relieve you of the liability to pay such taxes, and you must pay to the applicable taxing authority any such taxes that may be due as a result of your purchase or use of our Services. Your bank or payment provider may impose additional fees on you, such as foreign exchange fees or telephone toll charges. You agree that if we are unable to collect outstanding fees owed by you to us, we may take any steps we deem necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by us in connection with this collection.

You understand that the game and our other Services are online services that are likely to continuously change. All information that we provide about the Services is thus only indicative, and we reserve the right to change prices and specifications. If there were material errors in price or specification at the time when you made the purchase, we will provide you with the option of an adjustment or a full refund.

You acknowledge and agree that by clicking an “Order Now with obligation to pay” (or a similar confirmation) button when you are placing an order, you are placing a legally binding offer, and that any related notices will be sent to you by the use of electronic communication. After placing an order, you will receive an email from us confirming your purchase and including further access information. If you do not receive this email within 24 hours or you have made any errors when placing your order, please contact us. Please make sure that emails from us from ‘kingdom-crafting.com’ and ‘savetheworldornot.com’ are not ending up in your spam folder or are otherwise blocked.

Note that the actual payment process is serviced by external payment providers. You may be asked to create an account with them and will be bound by their terms and conditions. To guarantee your privacy, we may not have access to your payment details like your name, home address, and form of payment. Thus, for any problems that are part of the actual payment process, please contact the customer service of the payment provider, like Sofort. Please also send us a note though, as we want to stay informed about any such problems and can potentially help out.

You acknowledge that you are responsible for acquiring and bearing any costs for any necessary software, hardware, and internet access, to access and use our Services. Our Services are continuously evolving, and with them, system requirements may evolve too. It is solely in your responsibility to maintain and purchase any necessary additional software, hardware, or internet access, in order to continue accessing and using our Services.

In general, there will be no refunds, and all sales are final. If we decide, in our sole and absolute discretion, that a refund is appropriate, the refund may be partial because of applicable charges and partial access to the Services. Refunds will be made as soon as reasonably practicable, and will not be paid in cash but for example be made available to you through the payment provider you selected for your payment. Some jurisdictions grant customers a right of withdrawal from a purchase. Note that even if this is applicable to you, once you start accessing Services related to the purchase, any potential right of withdrawal from a purchase is voided.

We may in some cases allow customers to order Services or components of the Services before they are available to be accessed or used. Unless otherwise stated, pre-ordered Services cannot be expected to become available within a specific timeframe. Pre-ordered Services might, however, in the end not become available for a variety of reasons. If this is the case, we will offer a full refund to you. The refund may be partial if you already had access to partial components of the ordered Services.

The resale or transfer of access to any user account, in-game currency, virtual in-game goods, or any of our Services is strictly prohibited unless explicitly authorized by us.

The software that we provide to you as part of your use of our Services is communicating with internet servers and automatically updating itself via the internet. You agree to receive these updates, and agree that we deliver and install these updates with or without your knowledge.

3. COMMUNICATION AND ACCOUNTS

You consent to receive communication from us. All communication that we send out to the email address that you registered with us for your account is deemed served to you, and all communication that we receive from this registered email address is regarded as authorized by you. For important communication, such as a request from you to change some of your account information, we will send an email to you to confirm that this request really came from you. You are required to keep the email address that you registered with us current and to check it regularly. Furthermore, please make sure that emails from us from ‘kingdom-crafting.com’ and ‘savetheworldornot.com’ are not ending up in your spam folder or are otherwise blocked.

Please keep the importance of your registered email address in mind. Because we are not saving your name, home address, or the like on our servers to keep your privacy safe even in case our server security should be breached (see our privacy policy), your registered email serves as your only way to verify your identity with us.

It is important that you protect and maintain the security of your account. You have to immediately notify us of any unauthorized access. It is in your responsibility to make sure that account-related information, such as your password, license keys or any personalized internet links that we may send to you, are kept strictly confidential and are not shared or accessible by anyone else. Thus, keep your password, license keys and email files in a safe place, pay special attention that you don’t accidentally forward or otherwise share emails with such content, and take steps like clearing your browser history and cache after accessing personalized internet links. We will not be liable for any loss that you may incur as a result of someone else using your account-related information, with or without your knowledge, and any distribution of account-related information may result in suspension, termination, or other sanctions against your account without refund, and in additional charges based on unauthorized use.

Any and all communication with us, including any creative ideas/suggestions/information, shall be deemed, and shall remain, the property of us. You will not transmit anything that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; any unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, racially, ethnically or otherwise objectionable content; or any content that violates any applicable local, state, national or international law, rule or regulation.

Furthermore, please keep in mind that transmission of information over the Internet is never completely secure. We cannot guarantee that your data is secure while it is being transmitted between you and us. Any transmission is at your own risk and we cannot assume any related liabilities.

4. NAMING POLICY

You will be given or can select a unique username that will identify your account. This name may be displayed publicly or to other users, e.g., as part of leaderboards. In order to keep our Services a fun and safe experience for everyone, we reserve the right to adjust your username if we deem, in our sole and absolute discretion, the name to be offensive or otherwise inappropriate, and in repeated or serious cases, to impose sanctions against your account.

Examples of naming, including misspellings and alternative spellings, that would not be tolerated are any infringement of any trademark, copyright or other proprietary rights of any party; any unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, racially, ethnically or otherwise objectionable content and references; any content that violates any applicable local, state, national or international law, rule or regulation; and references to real-life people, and any impersonation of us, our employees, or third-party providers.

5. IN-GAME CURRENCY AND VIRTUAL GOODS

You acknowledge and agree that the game’s in-game currency and virtual in-game goods solely represent limited license rights, and that such currency and goods are non-transferable to any other person or account, have no cash value, are not redeemable for any sum of money or monetary value from us at any time, and do not constitute a personal property right.

In-game currency and virtual goods, like any other part of our Services, may be added, modified (and thereby, for example, becoming more or less valuable, effective, functional, or common), or entirely eliminated.

6. EARLY ACCESS

Is some cases, we will provide you with early access (including alpha or beta access) to specific Services or features. In such cases, your access may only be granted if you are willing to agree to a non-disclosure agreement presented to you.

If we promise access to such early access, this does not guarantee that you gain access right away, at any specific time, or to the full Services or features. In many cases, we will need to distribute access for different people over time, for example, to stepwise test increasing server load or to sequentially test variations with different users. During the early access and after the early access is concluded, we may fully or partially reset or adapt your game’s state.

The early access may be interrupted or terminated at any time, and you agree that by using this access you may be exposed to an increased risk of unexpected or harmful behavior, as such Services or features may not sufficiently be tested, and that we are not liable for any such consequences.

7. MALICIOUS ACTIVITIES, ACCOUNT MODIFICATION, AND TERMINATION

You agree to not:

We reserve the right to refuse service, suspend, terminate or otherwise sanction and modify your account, game state, in-game currency, and virtual in-game goods, or access thereto, and to cancel orders, without any refund. In case of a termination of your account, you will have no more access to the related Services, game state, in-game currency, and virtual goods. You acknowledge that you have no interest, monetary or otherwise, in any feature or content of our Services.

You can at any time request to terminate your account by contacting us. If you stop accessing our Services for more than twelve (12) months without having terminated your account, we may automatically terminate your account.

8. COPYRIGHT, TRADEMARKS AND INTELLECTUAL PROPERTY

Any part of our software and other Services that we make available to you is owned and copyrighted by us or other third-party providers.

We hereby grant you – for the time during which you have an active account with us, have paid all applicable and outstanding fees, and you are not in breach of these Terms and other terms and agreements with us – a personal, limited, non-exclusive, non-transferable, non-assignable, and fully revocable license to use the software provided by us to you for accessing and interacting with our Services. If your license is invalidated, you must destroy all copies of the software in your possession.

You may install the software that we provide to you for one user on two (2) devices, like a desktop computer and your laptop. You agree that our software automatically collects and transfers to us system-specific information to automatically identify your devices for license verification purposes, and you agree that you will not interfere or take action or inaction that could mislead this device identification process. We may, in our sole and absolute discretion, allow you to transfer a license from one device to another. Please contact us if you want to request such a transfer.

SAVE THE WORLD OR NOT® is a registered trademark of Kingdom Crafting LLC.

9. WARRANTIES AND LIABILITIES

YOU ACKNOWLEDGE AND AGREE THAT WE AND ANY THIRD-PARTY PROVIDERS DO NOT ENSURE CONTINUOUS, TIMELY, SECURE, OR ERROR-FREE ACCESS OR AVAILABILITY OF OUR SERVICES, THAT THE INFORMATION AND RESULTS OBTAINED FROM OUR SERVICES ARE ACCURATE, EFFECTIVE, OR RELIABLE, THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED, THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THAT THE QUALITY OF OUR SERVICES MEETS YOUR EXPECTATIONS. IN THE EVENT THAT WE FULLY TERMINATE OUR SERVICES, WE WILL MAKE REASONABLE EFFORT TO GIVE YOU A THIRTY (30) DAYS’ ADVANCE NOTICE.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL SERVICES MADE AVAILABLE TO YOU ARE PROVIDED AS IS” AND “AS AVAILABLE”, AND YOUR ACCESS, USE, AND PARTICIPATION IS AT YOUR OWN RISK. WE SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF GOODWILL OR REPUTATION, BUSINESS INTERRUPTION, LOST INFORMATION, COSTS OF SUBSTITUTE PRODUCTS AND SERVICES, AND DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL OUR LIABILITY UNDER THESE TERMS EXCEED THE AMOUNT PAID BY YOU FOR THE APPLICABLE SERVICES. NO COMMUNICATION FROM US SHALL CREATE ANY WARRANTIES OR LIABILITIES THAT ARE NOT EXPRESSLY STATED IN THESE TERMS.

WE DO NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY, WARRANTIES, OR LIABILITIES FOR ANY MATERIALS OR SERVICES ON WEBSITES THAT ARE ACCESSIBLE BY EXTERNAL LINKS, AND YOUR USE OF SUCH MATERIALS AND SERVICES IS AT YOUR OWN RISK. WE ENCOURAGE YOU TO CAREFULLY READ THEIR TERMS OF SERVICE, PRIVACY POLICIES, AND OTHER TERMS.

YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US AND OUR THIRD-PARTY PROVIDERS, OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS, THAT DIRECTLY OR INDIRECTLY ARISE OR RESULT FROM YOUR ACCESS, USE OR MISUSE, AND PARTICIPATION IN OUR SERVICES, AND OUT OF ANY BREACH BY YOU OF THESE TERMS OR ANY REPRESENTATIONS, WARRANTIES AND/OR COVENANTS CONTAINED HEREIN.

10. GOVERNING LAW, JURISDICTION, AND DISPUTE RESOLUTION

You hereby irrevocably and expressly consent to the exclusive jurisdiction and venue of any federal or state court located within the State of Delaware, USA, in connection with any controversy or claim arising out of or relating to these Terms, or the breach thereof, any Service and its marketing, or the relationship between you and us (“Disputes”). Any Dispute shall be governed by and construed in accordance with the laws of the State of Delaware.

You and us agree that we will first try to resolve any Disputes informally. Neither of us may start a formal proceeding for at least thirty (30) days after one of us notifies the other in writing. You will send such notice by postal service to our physical contact address below, while we may use your email address because we may not have your physical mailing address.

If no informal agreement is reached, you or us may elect to have the Dispute referred to and finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and, where appropriate, the AAA's Consumer Arbitration Rules. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. Arbitrators will have the authority to allocate the costs of the arbitration process among the parties, but will only have the authority to allocate attorneys' fees if a particular law permits them to do so. Detailed information on the rules can be found at the AAA website www.adr.org. The standard provisions of the Commercial Rules shall apply. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be governed by the laws of the State of Delaware. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and us may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

YOU AND US AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. To the fullest extent permitted by applicable law, the arbitrator(s) shall not consolidate another person's claims with your claims, and shall not preside over any type of representative or class proceeding. The arbitrator(s) may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this specific subsection is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void.

Disputes related to, or arising from, violations of intellectual property laws, theft, piracy, unauthorized use of our Services, invasion of privacy, malicious activities, and other criminal activities by you or any other person acting in concert with you, and any claims for injunctive relief are excluded from the above informal resolution and arbitration requirements.

You agree and acknowledge that any threatened breach, breach, or continuation of any such breach of these Terms may cause irreparable harm and loss, and that, in addition to any other remedies, you and us shall be entitled to obtain injunctive relief from a court of competent jurisdiction against the threatened breach, breach, or continuation of any such breach of the Terms, without the necessity of proving actual damages.

If any portion of the Terms is deemed to be unenforceable, the remaining terms shall remain in full force and effect. The unenforceable portion is replaced by an enforceable term that most closely approximates the commercial intent. The same applies to any omissions in the Terms. The failure of us to exercise any right under these Terms shall not constitute a waiver of the right or any other right.

11. CONTACT INFORMATION

If you have any questions or complaints, please contact us at any time electronically via our contact form. Alternatively, you can reach us by sending postal mail to:

Kingdom Crafting LLC
16192 Coastal Hwy
Lewes, DE 19958
USA