1.                  User’s Acknowledgment and Acceptance of Terms

 

Fear The Crown, Inc. (referred to as “us” or “we”) provides the https://fearthecrown.com/ site and various related services including gaming software, mobile applications, etc. (together referred to as this “Services”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us (or your company). In addition, when using particular services or materials, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

 

BY COMPLETING THE REGISTRATION PROCESS AND/OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT NOW. YOUR REMEDY FOR

DISSATISFACTION WITH ANY PRODUCTS, SERVICES, CONTENT, OR OTHER

INFORMATION AVAILABLE ON OR THROUGH OUR SERVICES, IS TO STOP USING

THE SERVICES AND/OR THOSE PARTICULAR PRODUCTS. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE SERVICE.

 

These Terms of Use are effective as of April 9, 2021. We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review these Terms of Use periodically and to be aware of any modifications. Your continued use after such modifications will constitute your acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

 

As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering our services and/or its contents.

 

2.                  Description of Services

 

We make various products available including, but not limited to, a wide range of video games including mobile games and games available on personal computers or other gaming consoles. The mobile games may also include the option to purchase ancillary products. Our products may be available in digital downloads or hard copies sold in the retail stores. Fees for the various services are set out elsewhere.

 

You are solely responsible for providing, at your own expense, all equipment necessary to use the products including a computer, modem, gaming consoles, smartphones, tablets, or other devices, and your own internet access.

 

We reserve the sole right to either modify or discontinue our Services, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based services, or changes to limitations on allowable file sizes. Any new features that augment or enhance the then-current services shall also be subject to these Terms of Use.

 

You understand and agree that temporary interruptions of the services may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Services, and therefore, delays and disruption of other network transmissions are completely beyond our control.

 

You understand and agree that the Services are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

 

3.                  License

 

We grant you a personal, limited, non-exclusive license to use the product for your noncommercial use. To the fullest extent permitted by applicable law, this license granted to use the product is non-transferable. You may not rent, lease, lend, sell, redistribute or sublicense the product. You may not copy (except as expressly permitted by this license and any other applicable terms, conditions, or usage rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the product, any updates, or any part thereof. You may not remove or alter Our trademarks or logos, or legal notices included in the product or related assets. Any attempt to use the product in breach of the terms of this Agreement is a violation of the rights of Fear the Crown, Inc. and its licensors.

 

The license rights granted to you herein are also subject to the limitations set forth below. Any use of the product in violation of these limitations is a material breach of the Agreement, subjects you to immediate revocation of your license, and will be regarded as an infringement of Fear the Crown’s copyrights and other rights in and to the product. You agree that you will not, under any circumstances:

 

  • use, develop, host or distribute cheats, automation software (bots), lobbies, hacks, mods or any other unauthorized third-party software in connection with the Product, or engage in any form of cheating, boosting, or booting;

 

  • exploit or reverse engineer the product (or any of its parts), for any commercial purpose, including without limitation (a) to enable use at a cyber cafe, computer gaming center or any other location-based site without Our express written consent; (b) for gathering in-game currency, items or resources for sale outside the product; (c) performing in-game services in exchange for payment outside the product, e.g., power-leveling; or (d) the sale of accounts, log-in information, or other product materials, access, or rights;

 

  • facilitate, create or maintain any unauthorized connection to the product, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the product; and (b) any connection using programs or tools not expressly approved by Us in writing;

 

  • violate any applicable law or regulation in connection with your use of Product;

 

  • interfere or attempt to interfere with the operation of the product in any way through any means or device including, but not limited to, launching a denial of service attack, spamming, hacking, or uploading computer viruses; or

 

  • reproduce, distribute, display, transfer or use any part of the product except as expressly authorized by Us.

 

4.                  Payment of Fees

 

If you purchase products that require payment of a fee, you agree to pay all fees associated with such products. For all charges for Services, we will bill your credit card. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within seven (7) days of the change.

 

If you chose to pay via credit card or debit card, and your card company refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your order and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts.

 

In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

 

5.                  Conduct

 

Your use of our Services is subject to all applicable laws and regulations, and you are solely responsible for the contents of your communications. By posting information in or otherwise using any interactive service that may be available to you on or through our services, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content that:

 

  • Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

 

  • Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

 

  • Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

 

  • Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

 

  • Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

 

  • Impersonates any person or entity, including any of our employees or representatives.

 

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

 

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of our Services may be available to you or other authorized users of the Services. You shall not interfere with anyone else’s use and enjoyment of the Services. Users who violate systems or network security may incur criminal or civil liability.

 

You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

 

6.                  Third Party Sites and Information

 

Our Services may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

 

7.                  Intellectual Property Information

 

Copyright (c) 2021 Fear The Crown, Inc. All Rights Reserved.

 

For purposes of these Terms of Use, “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users. This includes, but is in no way limited to, message boards, chat, and other original content.

 

By accepting these Terms of Use, you acknowledge and agree that all content presented to you through our Services are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Fear The Crown, Inc. and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from our Services in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available. Any unauthorized use of the materials may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 

Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, our Services will not infringe the rights of third parties. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on our Services infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

 

Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Fear The Crown, Inc. or its Affiliates.

 

8.                  User’s Materials

 

Subject to our Privacy Policy, any communication or material that you transmit to to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and nonproprietary. Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

 

We respect the intellectual property of others, and we ask you to do the same. If you or any user believes its copyright, trademark or other property rights have been infringed, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

 

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed’

 

  • Identification of the copyrighted work claimed to have been infringed;

 

  • Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

 

  • Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;

 

  • 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, 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 infringing.

 

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

 

Fear The Crown, Inc.

3010 Lyndon B Johnson Fwy., Suite 1200

Dallas, Texas 75234 (214) 643-6125

support@fearthecrown.com

 

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Services without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

 

9.                  Disclaimer of Warranties

 

ALL MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR

IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF

MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE

WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (a) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

 

OUR     MATERIALS    COULD     INCLUDE    TECHNICAL     OR     OTHER    MISTAKES,

INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY

PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

 

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF

ANY MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH

ACTIVITIES.

 

Through your use of our Services, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH OUR SERVICES, AND YOU UNDERSTAND AND

AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS,

SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH OUR SERVICES FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

 

Before purchasing our products and services, review our Sales Terms and Conditions, which are incorporated by reference into these Terms of Use.

 

Content available often represents the opinions and judgments of an information provider or other person or entity not connected with Fear The Crown, Inc. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Fear The Crown, Inc. spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of our materials for further information, which policies are incorporated by reference into these Terms of Use.

 

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

10.              Limitation of Liability

 

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your use of our Services shall be limited to the amount you paid us during the twelve (12) month period before the act giving rise to the liability.

 

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT

LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER

OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND

ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR SERVICES OR OF ANY WEB SITE REFERENCED OR LINKED TO OUR SERVICES.

 

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND

SERVICES OFFERED OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS INCLUDING OUR SERVICES, WITHOUT LIMITATION THE PROCESSING OF ORDERS.

 

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

11.              Indemnification

 

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of our services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 

12.              International Use

 

Although our services may be accessible worldwide, we make no representation that materials are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access our Services from other locations do so on their own initiative and are responsible for compliance with local laws.

 

13.              Termination of Use

 

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Services with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

 

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

 

14.              Governing Law

 

Our Services are controlled by us from our offices within the State of Texas, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Texas, by accessing our services both of us agree that the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the purchase of products and services available. Each of us agrees all disputes will be resolved by Arbitration under the American Arbitration Association’s rules for Arbitration of consumer-related disputes and we hereby expressly waive trial by jury. We further agree that said arbitration will be conducted in Dallas County, Texas.

 

15.              Notices

 

All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent to the attention of Customer Service at support@fearthecrown.com, if by email, or at Fear The Crown, Inc., 3010 Lyndon B Johnson Fwy. Suite 1200, Dallas, Texas 75234 if by conventional mail. Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through our services to inform you of changes or other matters of importance, and such broadcasts shall constitute notice to you.

 

Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by US mail, return receipt requested; (d) on the delivery date if transmitted by confirmed facsimile; or (e) on the delivery date if transmitted by confirmed e-mail.

 

16.              Entire Agreement

 

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with our Services is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

 

17.              Miscellaneous

 

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

 

You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Use.

 

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of our Services.

 

In addition to any excuse provided by applicable law, we shall be excused from liability for nondelivery or delay in delivery of products and services available arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, global pandemic or other health crisis, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

 

If any part of these Terms of Use 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.

 

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

 

18.              Contact Information

 

Except as explicitly noted, the services available are offered by Fear The Crown, Inc., a Texas incorporated company, located at 3010 Lyndon B Johnson Fwy., Suite 1200, Dallas, Texas 75234. Our telephone number is (214) 643-6125. If you are a Texas resident, you may have this same information e-mailed to you by sending a letter to the foregoing address with your e-mail address and a request for this information. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at P.O. Box 12548 Austin, Texas 78711-2548. If you notice that any user is violating these Terms of Use, please contact us at support@fearthecrown.com.