Legal
1.1 Agreement. These Player Terms of Service ("Terms") govern your Crowded Kingdoms account and your use, as a player, of the services Crowded Kingdom Studios, Inc. ("CK," "we," "us," or "our") provides on Crowded Kingdoms: signing in, the safety tools in Section 4, the player wallet, the servers that games run on, and the games CK runs itself (together, the "Services"). By creating an account, accepting these Terms in a game, or otherwise using the Services, you agree to be bound by these Terms.
1.2 Games Run by Others. Most games, worlds and experiences on Crowded Kingdoms (each, a "game") are made and run by other developers and hosts. A developer runs its game under its own terms and privacy notice, and CK is not a party to your relationship with it. These Terms still govern your Crowded Kingdoms account and the Services CK provides in that game. If a host signs you in to its world itself, without a Crowded Kingdoms account of your own, the host's terms govern your use of its world.
1.3 Game Addenda. A game CK runs may have an addendum with rules for that game, such as the Crowded Kingdoms for Minecraft Addendum. An addendum forms part of these Terms for its game, and where the two conflict about that game, the addendum governs.
1.4 Who Can Play. You may use the Services only if: (a) you are at least 13 years old, or the minimum age for your country under Section 1.8 if that is higher; (b) you are in a country where CK offers the Services to players (Section 1.7); and (c) you are not barred from receiving the Services under applicable law. A game may set a higher minimum age, never a lower one.
1.5 Players Under 18. If you are under 18, you may use the Services only if your parent or guardian has agreed to these Terms. When you sign up, you confirm that your parent or guardian has agreed. Your parent or guardian accepts these Terms for you and on their own behalf (Section 12.10). Some features need more than that: voice and video chat stay off for players under 18 until a parent or guardian gives verified consent (Section 4.9).
1.6 Children Under 13. The Services are not for children under 13. CK does not knowingly let anyone under 13, or under the minimum age for their country, have an account or play. If we learn that a player is under that age, we close the account or end its access, and we delete the personal information we hold about them, except what the law requires us to keep. If you think a child under 13 is using Crowded Kingdoms, tell us at hello@crowdedkingdoms.com.
1.7 Where the Services Are Offered. CK does not currently offer the Services to players in: the European Union and the European Economic Area (the EU countries, Iceland, Liechtenstein and Norway); the United Kingdom; Switzerland; Brazil; India; China; Australia; Cuba, Iran, North Korea and Syria; the Crimea, Sevastopol, Donetsk and Luhansk regions of Ukraine; and any other country or region subject to comprehensive U.S. sanctions. CK may add or remove places by updating this Section. You may not use the Services from a place where CK does not offer them, or hide where you are, for example with a VPN, to get around this Section.
1.8 Minimum Age by Country. In Canada and South Korea, you must be at least 14. Where the law of your country requires a parent's consent for a child to use an online service like ours below an age higher than 13, you must be at least that age, and CK applies those ages as it learns them.
1.9 How We Check. When you sign up, we ask for your date of birth and your country, and for a Crowded Kingdoms account we also check the country your connection comes from. We keep only the year and month of your birth. You must answer truthfully. If you give a false age or country, or hide where you are, we may close your account.
1.10 Relationship to Other CK Terms. These Terms govern the Services you use as a player. Building on Crowded Kingdoms is governed by the CK Spatial Fabric API Terms of Service and the SDK Developer Terms, and crowdedkingdoms.com by the Website Terms of Use. How CK handles your personal information is described in the Player Privacy Policy, and copyright notices are handled under the Copyright Policy.
1.11 Modifications. CK may update these Terms at any time by posting a revised version, which takes effect when it is posted. CK may also notify you in a game or by email, and may ask you to accept a revised version before you next sign in. Continued use of the Services after a revision is posted constitutes acceptance. If you do not agree to a revision, your remedy is to stop using the Services and close your account under Section 3.3.
1.12 Separate Written Agreements. To the extent your use of the Services is subject to a separate written agreement with CK, that agreement prevails over any conflicting provision in these Terms. Arrangements not addressed by these Terms are available by agreement — contact hello@crowdedkingdoms.com.
2.1 License Grant. Subject to these Terms, CK grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services, including for commercial purposes. Section 6.9 governs commercial activity you conduct in a game.
2.2 Restrictions. You may not: (a) use cheats, macros, exploits, or unauthorized third-party software to gain an unfair advantage, except as permitted by Section 2.4; (b) operate automated agents, bots, or scripted clients, except as permitted by Section 2.4 or under a separate written agreement with CK; (c) reverse engineer, decompile, or disassemble a game client CK provides, except to the extent such restriction is prohibited by applicable law; (d) modify a game client CK provides or attempt to circumvent any anti-cheat, DRM, or other technical protection; or (e) sell, rent, lease, share, or transfer your account, or sell or grant anyone else access to the Services through your account, which is personal to you and carries your age and terms acceptance. Selling admission to events you host, and selling or trading items or in-game access within your own experiences, are not restricted by this paragraph and are governed by Section 6.9.
2.3 Updates. CK may update, patch, or modify the Services at any time. Continued use following an update constitutes acceptance of the update.
2.4 Automated Agents. In a game whose operator allows them, you may operate automated agents, bots, and scripted clients, subject to these Terms and to any automation rules, quotas, or technical limits CK publishes or otherwise applies. You are responsible for all actions those agents take as if you had taken them personally, including actions affecting other players, and you must ensure those actions comply with these Terms and applicable law. Rate and resource limits CK applies to automated agents apply per operator; operating additional agents does not increase any applicable limit, and all agents operated by a single account, or by accounts under common control, share a common limit. Agent-operated actors must be identifiable as such through the mechanisms CK provides, and you must not represent an agent as a human. CK may suspend or terminate any agent or agent population at any time, without notice, where CK determines it poses a security risk, degrades the Services, or adversely affects other players. To discuss large-scale, research, or dedicated agent deployments, contact hello@crowdedkingdoms.com.
3.1 Registration. To play games that use Crowded Kingdoms sign-in, you need a Crowded Kingdoms account. You must give accurate information, including your date of birth and country, and keep it up to date. Accounts are personal to you; one account per person, unless CK expressly permits otherwise. A game CK runs that signs you in another way, such as with your Minecraft account, says how in its addendum.
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 your account settings or by contacting CK. When you close it:
4.1 Prohibited Conduct. In any game, chat, or community feature of the Services, you may not: (a) harass, threaten, bully, or abuse other players; (b) post or send hate speech, illegal content, or content that infringes other people's rights; (c) sexualize, groom, or exploit anyone under 18, or send, share, or ask for sexual content involving anyone under 18; (d) share an intimate image of anyone without their consent, including a fake one; (e) pressure a player under 18 to share personal information, to move to another app or service, or to meet in person; (f) impersonate any person or entity, or represent an automated agent as a human; (g) trade or transfer your account, or exchange CK-issued virtual currency for real money or anything of real-world value outside the game (Section 6.3); (h) get around a block, a ban, a suspension, a parent's settings, or CK's age and country checks; (i) intentionally disrupt or degrade other players' experience of the Services; or (j) show or send sexual content or nudity anywhere a player under 18 can see or hear it, or send any to a player under 18. A game that admits only adults can set its own rule on adult content.
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. In a game run by others, its developer moderates the game too.
4.3 Reporting. Use a game's report option where it has one, or see our Safety page. Reports about a child's safety come to CK, and come first. Other reports go to the game's moderators, and CK may review any report. We do not promise a particular outcome, or a response time for other reports.
4.4 Child Safety. We report apparent child sexual exploitation to the National Center for Missing & Exploited Children ("NCMEC"), as U.S. law requires, and we keep what the law requires us to keep for that report. If someone is in danger now, call 911 or your local emergency number.
4.5 Intimate Images. Anyone, with or without an account, can ask us to remove an intimate image of themselves that was shared on Crowded Kingdoms without their consent, including a fake one. We remove it, and any identical copies we know of, within 48 hours of a valid request.
4.6 The Safety Log. Games that admit players under 18 keep a safety log. While you play one, our servers record what your game client sends to the game, with the time each part arrived: your movement and actions, and the text you send, such as chat and messages. Your voice and video are recorded only where the game's administrators turn that on, and if they do, the game tells you before recording starts and shows you when it is on. Records are kept for 7 days and then deleted, unless a report needs them (Section 4.7). Other games can choose to keep the same kind of record. The Player Privacy Policy says who can read it.
4.7 What a Report Keeps. When someone files a report, we copy the safety-log records of the players involved, from shortly before the reported moment until the report was filed, their account records, and what the game's servers hold about them into a secure store, so that the evidence survives. We keep that copy until the report is resolved or, where we report to NCMEC, for one year after we do, or longer where the law requires.
4.8 Contacts and Blocking. You can add another player as a contact in a game; a contact needs both of you to agree. You can block any player: our servers then stop everything between you, in both directions — voice, video, text and messages — in that game, even if the other player uses a modified client. Contacts and blocks apply in the game where you set them. You can also mute a player on your own device.
4.9 Voice and Video for Players Under 18. If you are under 18, your voice and video chat are off in both directions, so you can't send or receive them, until your parent or guardian gives verified consent through Kids Web Services, a parental consent service run by Epic Games. After that, you can use voice or video only with your contacts: only your contacts see and hear you, and you see and hear only them. Your parent or guardian can withdraw consent at any time, and voice and video switch off again. For players 18 and over, voice and video reach everyone by default where a game offers them, and any player can limit them to their contacts or turn them off.
4.10 Direct Messages for Players Under 18. Games on Crowded Kingdoms start players under 18 with direct messages off.
4.11 Enforcement. If you break these Terms, CK may remove content, limit features, and suspend or close your account. Repeated copyright infringement is handled under the Copyright Policy.
5.1 Your Content. As between you and CK, you retain ownership of content you create in a 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, modify, adapt, reformat, encode, translate, create technical derivatives of, display, perform, execute, distribute, and otherwise use Your Content, and to make it available to other players, in connection with operating and improving the Services, and to produce de-identified and aggregated data from it under Section 5.5. Promotional use is limited to Your Content that you have shared publicly or made visible to other players — builds, custom items, mods, screenshots, and anything you post in a public or community feature. Your private communications, including direct messages, support requests, and reports you submit, are used only to operate, moderate, and secure the Services, to provide support, and to comply with law, and are not used to promote them.
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 Copyright. If you believe content on Crowded Kingdoms infringes your copyright, send a notice as the Copyright Policy describes. CK removes infringing material, and closes the accounts of repeat infringers, as that Policy sets out.
5.5 De-Identified and Aggregated Data. CK creates, observes, and derives data through the operation of the Services — including event records, identifiers CK assigns, world and simulation time, and session, population, economy, and world-activity statistics. CK owns that data, including data derived from Your Content under the licence in Section 5.2, and may use it for any business purpose, including research, benchmarking, and publication, and discloses it externally only in de-identified and aggregated form that does not identify, and cannot reasonably be linked to, you or any other individual. CK does not attempt to re-identify it. This Section does not permit CK to sell your personal information or to disclose Your Content itself outside Section 5.2. CK's handling of personal information is described in the Player Privacy Policy.
5.6 Modifications You Create. Where a game allows it, you may create, run, and share modifications to it from within it ("Mods"). A Mod is Your Content: Sections 5.1 to 5.3 apply to it, and the licence in Section 5.2 covers hosting, storing, reproducing, displaying, distributing, and executing it in the course of operating the Services and making it available to other players. You represent that you have the right to create and share each Mod, that it does not infringe anyone's rights, and that it contains no malware, exploit, scraper, or code designed to damage, disable, overburden, or gain unauthorized access to the Services, to other players' accounts, content, or devices, or to CK's systems. CK may limit, disable, suspend, remove, or refuse to execute any Mod at any time, and may limit the resources any Mod consumes, without notice, where CK determines it poses a security risk, degrades the Services, or adversely affects other players.
5.7 Mods Other People Create. Mods are written by other players. CK does not review, test, scan, moderate, endorse, or warrant them, and makes no representation that any Mod is safe, accurate, lawful, or free of malicious or defective code. You choose whether to run or interact with a Mod, and you do so at your own risk. CK is not responsible for what a Mod does to your experience of the Services, to Your Content, to your account, to your data, or to your device, and Sections 9 and 10 apply in full. Report a Mod that breaks these Terms to hello@crowdedkingdoms.com.
5.8 Your Builds After You Leave. What you build in a shared world stays in it after you leave the game or close your account, under an identifier that no longer leads to you. If a build contains your personal information, such as your name, ask us at hello@crowdedkingdoms.com to remove it.
6.1 Applicability. This Section applies to the extent CK makes virtual currency or virtual items available for purchase or acquisition in a game. A game's own currency and items are governed by its developer's terms, or, for a game CK runs, by its addendum as well.
6.2 Licensed, Not Sold; CK Does Not Redeem. Virtual currency and virtual items are licensed to you, not sold, regardless of any purchase price paid.
Virtual currency CK issues has no cash value. It is not redeemable or exchangeable for real currency or anything of real-world value, and Section 6.3 governs it.
Virtual items are not redeemed or exchanged for cash by CK. CK makes no representation or guarantee as to their value, liquidity, transferability, marketability, or continued availability, and does not guarantee that any market for them exists or will continue. Where Section 6.3 permits you to transfer a virtual item to another player, the licence to that item transfers with it on the same terms notwithstanding Section 2.1, and any value arising from that transaction is determined solely between you and the other player.
6.3 Virtual Currency and Real-World Value. Virtual currency CK issues is closed-loop: it has no cash value (Section 6.2), and you may not exchange, redeem, or transfer it for real money or anything of real-world value outside the game. Virtual items are different — you may sell or trade them with other players, unless a game's addendum or its developer's terms say otherwise, and Section 6.9 governs that activity. CK does not operate, guarantee, or referee those transactions, whether they happen inside a game or elsewhere. CK may apply technical limits to transfers, and may suspend, reverse, or refuse a transfer, where it identifies fraud, theft, chargeback abuse, account compromise, or a security risk.
6.4 Forfeiture on Termination. If CK terminates your account for convenience or otherwise without an underlying breach by you, CK will refund the amount you paid for any unused 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.
6.7 Marketplaces and Programs. CK may make marketplaces, creator programs, points or currency systems, and property, grid, or land features available from time to time. Additional terms will apply and will be presented to you before you participate. Studios, creators, and partners wanting to discuss participation should contact hello@crowdedkingdoms.com.
6.8 Player Wallet. Your account includes a wallet you can fund with real money to pay for compute you use across games on Crowded Kingdoms — running and compiling Mods, automations, and similar usage — at the player rates CK publishes, plus any markup the game's developer sets, shown to you separately. Only that player compute is charged to it, and only in games whose developer has enabled it; a developer may also choose to cover some or all of those charges itself, in which case they are not charged to your wallet. It is not virtual currency and Sections 6.2 to 6.5 do not apply to it. If you are under 18, you may fund your wallet only with your parent's or guardian's permission.
(a) Closed-loop. Amounts in your wallet can be applied only to those charges. They are not redeemable for cash, withdrawable, or transferable to anyone else, and are not a deposit or stored-value instrument, except for refunds under (d).
(b) Charges. Usage is billed hourly, after any free allowance CK publishes. You may set a spend cap; usage stops when your cap is reached or your wallet runs out.
(c) Auto-recharge. If you save a card and turn on auto-recharge, you authorize CK and its payment processors to charge that card the amount you set each time your balance falls below the threshold you set, without asking you each time. You can turn it off at any time in your account settings; doing so does not affect a charge already started.
(d) Refunds. Wallet top-ups are not refundable, except that CK will refund your unused paid balance if CK closes your account for convenience or otherwise without an underlying breach by you, and except as applicable law requires.
(e) Chargebacks. Section 6.6 applies to wallet top-ups as it does to other purchases.
6.9 Commercial Activity. You may conduct commercial activity in a game — including charging others for admission to events you host, selling, trading, auctioning, renting, or brokering items, currency, land, or access with other players, and operating a marketplace, exchange, or comparable service within the game — unless the game's addendum or its developer's terms say otherwise. CK does not charge a share of what you receive. If you are under 18, you may buy anything through the Services only with your parent's or guardian's permission.
You are solely responsible for every such activity. You represent and warrant that you hold every licence, registration, permission, and rights clearance it requires, and that you comply with applicable law — including consumer-protection, ticketing, tax, anti-money-laundering, sanctions, and securities law. CK is not a party to any transaction between you and another player, is not a promoter, ticketing agent, marketplace operator, or seller of record, exercises no control over and accepts no responsibility for the terms, performance, settlement, refund, or outcome of any such transaction or for any dispute arising from one, and owes you no duty in respect of it by permitting, hosting, or discontinuing it. Your indemnification obligation under Section 10.1 applies to every claim arising from or relating to it, including claims brought by other players, by rights holders, and by any regulatory or governmental authority.
Two things require a separate written agreement with CK before you conduct them, because of the licensing and regulatory exposure they carry: (a) gambling, wagering, betting, lotteries, sweepstakes for consideration, prediction markets, and mechanics regulated as gambling in a jurisdiction where you offer them; and (b) any activity requiring a money-transmitter, banking, broker-dealer, or comparable licence, and any offering of securities or comparable instruments. Separately, you may not sell, transfer, or share your account, which is personal to you and carries your age and terms acceptance. Contact hello@crowdedkingdoms.com to discuss anything in this paragraph.
7.1 No Guarantee of Availability. CK does not guarantee uninterrupted availability of the Services or of any game, and may modify, suspend, or discontinue any part of the Services at its discretion.
7.2 Discontinuation. If CK discontinues the Services in their entirety, CK will provide reasonable advance notice where practicable and will refund amounts paid for unused 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 Services — including their software, art, audio, and design — are 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. A game run by others is owned by its developer or that developer's licensors.
8.2 Trademarks. You may not use CK's names, logos, or trademarks, including "Crowded Kingdoms," without CK's prior written consent.
9.1 AS IS. THE SERVICES ARE 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 SERVICES. 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 Your Indemnification Obligation. You agree to defend, indemnify, and hold harmless CK and its officers, directors, employees, agents, licensors, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Your Content; (b) any software, script, mod, or other code you create, upload, or execute through the Services, including its effect on other players; (c) the actions of any automated agent you operate under Section 2.4; (d) your use or misuse of the Services, including any use inconsistent with these Terms; or (e) your violation of these Terms, applicable law, or the rights of any third party.
10.2 Procedure. CK will promptly notify you of any claim for which it seeks indemnification, give you reasonable control over the defense and settlement of such claim, and provide reasonable cooperation at your expense. CK reserves the right to participate in the defense with counsel of its own choosing at its own expense. You may not settle any claim in a way that imposes any obligation or admission on CK without CK's prior written consent.
10.3 Consumer Law. Nothing in this Section limits any right you have under applicable consumer protection law that cannot be waived by agreement.
11.1 By You. You may terminate these Terms at any time by closing your account under Section 3.3.
11.2 By CK. CK may suspend or terminate your account for breach of these Terms, or for convenience upon reasonable notice, at its discretion. CK may also close an account that does not meet Section 1.4, or whose date of birth or country is false.
11.3 Effect of Termination. Upon termination, your license under Section 2.1 ends, you must cease using the Services, and virtual currency and items are treated as set out in Section 6.4.
12.1 Governing Law. These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.
12.2 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 12.2(c). This covers all disputes arising out of or relating to these Terms, the Services, 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 12.2 and the waiver in Section 12.3; 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 12.3 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 12.2(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 12.2 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 12.2(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 12.2, other than the waiver in Section 12.3, 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 12.2 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.
12.3 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 12.2(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.
12.4 Entire Agreement. These Terms, together with any separate written agreement between you and CK referenced in Section 1.12, constitute the entire agreement between you and CK regarding the Services and supersede prior understandings regarding the Services.
12.5 Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.
12.6 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.
12.7 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.
12.8 Notices. Notices to CK should be sent to: Crowded Kingdom Studios, Inc., 2410 Mesa Glen Dr, Arlington, TX 76001, or hello@crowdedkingdoms.com.
12.9 Survival. Sections 5.2, 5.5, 5.6 and 5.7 (licences, de-identified data, and Mods), 6.9 (Commercial Activity), 8 (Intellectual Property), 9 (Disclaimers and Limitation of Liability), 10 (Indemnification), 11.3 (Effect of Termination), and 12 (General Terms) survive termination of these Terms.
12.10 Parents and Guardians. If you are the parent or guardian of a player under 18 who uses the Services, you agree to these Terms on your own behalf and on that player's behalf, including the agreement to arbitrate in Section 12.2, the waiver in Section 12.3 and the limits in Section 9, and you are responsible for supervising the player's use of the Services, including any purchases.
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