Legal
1.1 Agreement. These Game Terms of Service ("Terms") govern your access to and use of Overworld, and any destinations, experiences, or games made available within it (collectively, the "Game"), developed and operated by Crowded Kingdom Studios, Inc. ("CK," "we," "us," or "our"). By creating an account, installing, or otherwise accessing the Game, you agree to be bound by these Terms.
1.2 Age Requirement. You must be at least 18 years of age, or the age of majority in your jurisdiction if older, and capable of forming a binding contract to access or use the Game. The Game is not directed to, and CK does not knowingly permit access by, anyone under 18.
1.3 Relationship to Other CK Terms. These Terms govern the Game only. They do not govern the CK Spatial Fabric API (governed by the CK Spatial Fabric API Terms of Service), the CK SDK (governed by the SDK Developer Terms), or crowdedkingdoms.com (governed by the Website Terms of Use). CK's handling of personal information in connection with the Game is described in the Overworld Privacy Policy.
1.4 Modifications. CK may update these Terms at any time by posting a revised version or notifying you in-Game. Continued use of the Game after a revision constitutes acceptance. If you do not agree to a revision, your remedy is to stop using the Game and close your account.
2.1 License Grant. Subject to these Terms, CK grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Game for your own personal, non-commercial entertainment.
2.2 Restrictions. You may not: (a) use cheats, bots, macros, exploits, or unauthorized third-party software to gain an advantage; (b) reverse engineer, decompile, or disassemble the Game client, except to the extent such restriction is prohibited by applicable law; (c) modify the Game client or attempt to circumvent any anti-cheat, DRM, or other technical protection; (d) use the Game for any commercial purpose without CK's prior written consent; or (e) sell, rent, lease, or transfer your account or access to the Game, except as expressly permitted under Section 3.
2.3 Updates. CK may update, patch, or modify the Game at any time. Continued use following an update constitutes acceptance of the update.
3.1 Registration. You must create an account to access the Game and must provide accurate information. Accounts are personal to you; one account per person, unless CK expressly permits otherwise.
3.2 Security. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify CK promptly at hello@crowdedkingdoms.com if you suspect unauthorized access.
3.3 Closing Your Account. You may close your account at any time through in-Game account settings or by contacting CK.
4.1 Prohibited Conduct. In any multiplayer, chat, or community feature of the Game, you may not: (a) harass, threaten, or abuse other players; (b) post hate speech, illegal content, or content that infringes third-party rights; (c) impersonate any person or entity; (d) engage in real-money trading of accounts, currency, or items outside mechanisms CK expressly authorizes under Section 6; or (e) intentionally disrupt or degrade other players' experience of the Game.
4.2 Moderation. CK may monitor, moderate, remove content from, and restrict access to multiplayer, chat, and community features, and may warn, suspend, or terminate accounts for violations of this Section, at CK's reasonable discretion.
4.3 Reporting. The Game provides mechanisms to report violations of this Section; CK will review reports but does not guarantee any particular outcome or response time.
5.1 Your Content. As between you and CK, you retain ownership of content you create within the Game, such as builds, custom items (where supported), screenshots, and chat messages ("Your Content"), subject to Section 5.2.
5.2 License to CK. You grant CK a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, display, distribute, and use Your Content in connection with operating, promoting, and improving the Game.
5.3 Content Standards. Your Content must comply with Section 4.1 and may not infringe any third party's intellectual property or other rights.
5.4 DMCA Notice. If you believe content in the Game infringes your copyright, send a notice compliant with 17 U.S.C. § 512(c)(3) to hello@crowdedkingdoms.com, including: identification of the copyrighted work; identification of the allegedly infringing material and its location; your contact information; a good-faith statement that the use is unauthorized; and a statement under penalty of perjury that the notice is accurate and that you are authorized to act on behalf of the copyright owner.
6.1 Applicability. This Section applies to the extent CK makes virtual currency or virtual items available for purchase or acquisition within the Game.
6.2 No Real-World Value. Virtual currency and virtual items have no cash value, are not redeemable for real currency, and are licensed to you, not sold, regardless of any purchase price paid.
6.3 No Unauthorized Real-Money Trading. You may not sell, trade, or transfer virtual currency or virtual items for real money or anything of real-world value, except through mechanisms CK expressly authorizes within the Game.
6.4 Forfeiture on Termination. If CK terminates your account for convenience or otherwise without an underlying breach by you, CK will refund the unused real-money value of any purchased virtual currency balance (excluding promotional or bonus currency, which is never refundable) within 30 days of termination. In all other cases — including voluntary account closure or termination for your breach of these Terms — any remaining virtual currency and virtual items are forfeited, except as expressly required by applicable law, including unclaimed property law.
6.5 Pricing. CK may change the price of virtual currency or virtual items at any time. Price changes do not affect purchases already completed.
6.6 Chargebacks. If you initiate a chargeback, dispute, or reversal with your bank or payment provider for any purchase of virtual currency or virtual items, rather than seeking a refund or resolution from CK, CK may immediately suspend or terminate your account pending resolution of the chargeback, without liability for any resulting loss of access, virtual currency, or virtual items. CK may also charge you for any fees, penalties, or costs it incurs as a result of the chargeback. Resolution of a chargeback in your favor does not entitle you to reinstatement of any virtual currency, virtual items, or account access forfeited as a result of the chargeback or the suspension under this Section.
7.1 No Guarantee of Availability. CK does not guarantee uninterrupted availability of the Game or any destination or experience within it, and may modify, suspend, or discontinue any part of the Game at its discretion.
7.2 Discontinuation. If CK discontinues the Game in its entirety, CK will provide reasonable advance notice where practicable and will refund unused real-money virtual currency balances consistent with Section 6.4.
7.3 Force Majeure. CK shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, internet outages, third-party infrastructure failures, natural disasters, war, terrorism, or governmental actions.
8.1 CK Ownership. The Game — including its software, art, audio, and design — is owned by CK or its licensors and protected by applicable intellectual property law. No rights are granted to you except the limited license in Section 2.1.
8.2 Trademarks. You may not use CK's names, logos, or trademarks, including "Crowded Kingdoms" and "Overworld," without CK's prior written consent.
9.1 AS IS. THE GAME IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9.2 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE GAME. CK'S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID CK IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
10.1 By You. You may terminate these Terms at any time by closing your account under Section 3.3.
10.2 By CK. CK may suspend or terminate your account for breach of these Terms, or for convenience upon reasonable notice, at its discretion.
10.3 Effect of Termination. Upon termination, your license under Section 2.1 ends, you must cease using the Game, and virtual currency and items are treated as set out in Section 6.4.
11.1 Governing Law. These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.
11.2 Dispute Resolution; Binding Individual Arbitration. PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES BETWEEN YOU AND CK TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS, AND INCLUDES A 30-DAY OPT-OUT RIGHT. This Section applies to the fullest extent permitted by law and is governed by the Federal Arbitration Act.
(a) Informal Resolution First. Before starting an arbitration, you and CK agree to try to resolve the dispute informally for at least 60 days. To begin, you must send an individualized Notice of Dispute to hello@crowdedkingdoms.com describing the dispute, the specific relief sought, and your account information; CK will send its notice to the email address on your account. If either party requests, both will attend an individualized telephone or video conference to attempt to resolve the dispute in good faith. Completing this process is a precondition to starting arbitration, and any limitations period is tolled while it is pending. A Notice of Dispute must be individual to you; consolidated or templated notices submitted on behalf of multiple claimants do not satisfy this requirement.
(b) Agreement to Arbitrate. If the dispute is not resolved within 60 days, you and CK agree to resolve it by binding individual arbitration rather than in court, except for the matters in Section 11.2(c). This covers all disputes arising out of or relating to these Terms, the Game, or your account, under any legal theory.
(c) Exceptions. This Section does not require arbitration of: (i) claims that qualify for small claims court, which either party may bring there; (ii) claims to enforce, protect, or determine the validity of intellectual property rights, for which either party may seek relief, including injunctive relief, in court; and (iii) a claim for public injunctive relief, which may be brought in court. Nothing in these Terms waives your right to seek public injunctive relief in any forum.
(d) 30-Day Opt-Out. You may opt out of this arbitration agreement within 30 days after you first accept these Terms by emailing hello@crowdedkingdoms.com with your name, account information, and a clear statement that you opt out of arbitration. Opting out affects only the arbitration agreement in this Section 11.2 and the waiver in Section 11.3; it does not affect any other part of these Terms.
(e) Arbitration Provider and Rules. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, each as modified by this Section and available at www.adr.org. If the AAA is unavailable or unwilling to administer consistent with this Section, the parties will agree on a substitute provider, or a court of competent jurisdiction will appoint one. Arbitration may be conducted by document submission, telephone, or videoconference by default; any in-person hearing will be held in Wilmington, Delaware, or your county of residence, at your election.
(f) Arbitrator's Authority; Delegation. The arbitrator has exclusive authority to resolve all threshold questions of arbitrability, including the existence, scope, interpretation, unconscionability, and enforceability of this arbitration agreement — except that any question about the enforceability of the class, collective, or representative waiver in Section 11.3 is for a court, and not the arbitrator, to decide. The arbitrator may award the same individual relief a court could, and the award is final and binding and may be entered in any court of competent jurisdiction.
(g) Coordinated and Mass Filings; Bellwether. If 25 or more similar demands for arbitration are asserted against CK by or with the coordination or assistance of the same or coordinated counsel, the demands will be administered under the AAA Mass Arbitration Supplementary Rules and the following staged process: (i) for each claimant, counsel must submit the individualized information required by Section 11.2(a), together with an affirmation attesting to its accuracy; (ii) the parties will first select a limited number of individual "bellwether" cases (up to 10 per side) to proceed to arbitration, and all other claims — and the accrual of filing and administrative fees for them — will be stayed; (iii) after the bellwether arbitrations conclude, the parties will participate in a single global mediation of the remaining claims; and (iv) if claims remain unresolved, they may proceed in successive staged batches. If your claim is stayed under this process, you may instead opt that claim out of arbitration and pursue it individually in court by written notice within 60 days after it is stayed. This subsection is intended to reduce cost and delay for both sides; if it is held unenforceable, the remainder of this Section 11.2 still applies.
(h) Fees. CK will pay the arbitration filing, administrative, and arbitrator fees allocated to it under the applicable AAA rules and fee schedule. Each party is responsible for its own attorneys' fees and costs, except where the arbitrator may award them under applicable law. Nothing in this Section requires CK to pay fees associated with claims that a court or the arbitrator determines were asserted for an improper purpose or that fail the affirmation requirement in Section 11.2(g).
(i) Confidentiality. The parties will keep the existence, content, and results of the arbitration confidential, except as necessary to prepare for or conduct the arbitration, to enforce or challenge an award, or as required by law. This does not prevent you from reporting concerns to, or participating in an investigation by, a government agency.
(j) Severability; Continuation. If any part of this Section 11.2, other than the waiver in Section 11.3, is found unenforceable, that part will be severed and the remainder will remain in effect. This Section survives termination of these Terms and your account.
(k) Future Changes. If CK makes a material change to this Section 11.2 after you accept these Terms, you may reject the change by notifying CK at hello@crowdedkingdoms.com within 30 days, in which case the most recent version of this Section that you did not reject will govern disputes between you and CK.
11.3 Class, Collective, and Representative Action Waiver. YOU AND CK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate or join more than one person's claims and may not preside over any consolidated, class, or representative proceeding, except as expressly provided in the bellwether process in Section 11.2(g). If a court decides that this waiver is unenforceable as to a particular claim or as to a request for public injunctive relief, that claim or request will proceed in court while all other claims proceed in arbitration. This waiver does not limit your right to seek public injunctive relief.
11.4 Entire Agreement. These Terms constitute the entire agreement between you and CK regarding the Game and supersede prior understandings regarding the Game.
11.5 Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.
11.6 Waiver. CK's failure to enforce any provision of these Terms shall not constitute a waiver of its right to enforce such provision in the future.
11.7 Assignment. You may not assign these Terms or any rights or obligations hereunder without CK's prior written consent. CK may freely assign these Terms, including in connection with a merger, acquisition, or sale of all or substantially all of its assets. Any purported assignment in violation of this Section is void.
11.8 Notices. Notices to CK should be sent to: Crowded Kingdom Studios, Inc., 2410 Mesa Glen Dr, Arlington, TX 76001, or hello@crowdedkingdoms.com.
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