Last Updated: April 30, 2013
Creator Republic reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending you an email notification, providing notice through the Services, or updating the "Last Updated" date at the top of these Terms. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure that you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended terms and conditions, you must stop using the Services.
The Services are not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Services, you further represent and warrant that you have not previously been suspended or removed from the Services.
In order to access certain features of the Services, you must create an account with us. You may register for only one account. When you create an account, you agree to (a) provide accurate, current and complete information, as may be prompted by any registration forms on the Services ("Registration Data"); (b) maintain and promptly update the Registration Data and any other information you provide to Creator Republic to keep it accurate, current and complete; (c) maintain the security of your password and identification; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Creator Republic. King of the Web reserves the right to cancel an account, refuse registration, refuse service, cancel orders or disqualify you for any reason or for no reason, including when, in Creator Republic's sole discretion, you have violated these Terms.
4. Additional Terms
If you use our Services to participate in a contest, you will be subject to our Official Game Rules. Please read these rules carefully before entering any contest sponsored by Creator Republic.
Creator Republic may offer the opportunity to purchase and redeem Creator Republic's virtual currency Kingmaker Passes ("Passes") for use on the Services including, for instance, to purchase virtual goods (e.g., Voter Upgrades). All purchases of Kingmaker Passes from the Services will be governed by our Kingmaker Pass Terms of Sale. Please refer to our Terms of Sale for the terms, conditions and policies applicable to your purchase.
5. Copyright and Limited License
Unless otherwise indicated, the Services and all content and other materials made available on or through the Services, including, without limitation, the Creator Republic logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Creator Republic Materials") are the proprietary property of Creator Republic or our sponsors, licensors or users and are protected by U.S. and international copyright and/or other intellectual property laws.
You are granted a limited, non-sublicensable license to access and use the Services and King of the Web Materials; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Services or Creator Republic Materials; (b) the distribution, public performance or public display of any Creator Republic Materials, (c) modifying or otherwise making any derivative uses of the Services and the Creator Republic Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Services, the King of the Web Materials or any information contained therein, except as expressly permitted on or through the Services; or (f) any use of the Services or the Creator Republic Materials other than for their intended purpose. Any use of the Services or the Creator Republic Materials other than as specifically authorized herein, without the prior written permission of Creator Republic, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
6. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Creator Republic has adopted a policy of terminating, in appropriate circumstances and in King of the Web's sole discretion, users who are deemed to be repeat infringers. An infringer is any user who submits content that infringes the intellectual property rights of a third party. King of the Web may also, in our sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
7. Copyright Complaints
If you believe that anything available on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.Name of Designated Agent: Anthony Lopez
Address of Designated Agent: 915 E Pine St. #300 Seattle, WA 98122
Telephone Number of Designated Agent: 206.659.4921
Facsimile Number of Designated Agent: 206.659.4921
Email Address of Designated Agent: firstname.lastname@example.org
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
"KING OF THE WEB," "CREATOR REPUBLIC," the Creator Republic logos and any other product or service name or slogan contained on the Services are trademarks of Creator Republic and our suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Creator Republic or the applicable trademark holder.
You may not use any metatags or any other "hidden text" utilizing "KING OF THE WEB" or any other name, trademark or product or service name of Creator Republic without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark, and/or trade dress of Creator Republic and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and King of the Web names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Services for noncommercial purposes, provided such link does not portray Creator Republic or any of our products or Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time in the sole judgment of Creator Republic. You may not use a Creator Republic logo or other proprietary graphic of Creator Republic to link to the Services without the express written permission of Creator Republic. Further, you may not use, frame or utilize framing techniques to enclose any Creator Republic trademark, logo or other proprietary information, including the images found through the Services, the content of any text or the layout/design of any page or form contained on a page on the Services without Creator Republic's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Creator Republic or any third party.
Creator Republic makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services, or websites linking to the Services. Such sites are not under the control of Creator Republic and Creator Republic is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. King of the Web provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Creator Republic of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
10. Third Party Content
Creator Republic provides third party content on the Services and may provide links to web pages and content of third parties ("Third Party Content") as a service to those interested in this information. Creator Republic does not monitor or have any control over any Third Party Content or third party websites. Unless otherwise expressly stated by Creator Republic, Creator Republic does not endorse or adopt, and is not responsible or liable for, any Third Party Content. King of the Web does not make any representations or warranties of any kind regarding the Third Party Content, including, without limitation, any representations or warranties regarding its accuracy, completeness or noninfringement. Creator Republic undertakes no responsibility to update or review any Third Party Content and users use such Third Party Content contained therein at their own risk.
11. User Content
The Services permit the submission, posting and transmission of user-generated content, including messages, information, text, photos, videos, graphics, links, and other items or content (collectively, "User Content"). You are solely responsible for the User Content you post, and you agree not to submit, post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
a. User Content that is unlawful, libelous, defamatory, offensive, obscene, pornographic, indecent, vulgar, lewd, sexually explicit, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
c. User Content that describes, references, or otherwise communicates violent, dangerous, illegal, and/or criminal acts;
d. User Content that describes, references, or otherwise communicates hate or discrimination concerning gender, sexual orientation, race, religion, or nationality;
e. User Content that is harmful to children in any way;
f. User Content that is harmful to, or degrades the goodwill associated with the trademark(s) or name(s) of Creator Republic or any company that co-sponsors a contest with Creator Republic;
g. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
h. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
i. Unsolicited promotions, political campaigning, advertising or solicitations;
j. Private information of any third party, including without limitation addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
k. Viruses, corrupted data or other harmful, disruptive or destructive files; and
l. User Content that, in the sole judgment of Creator Republic, violates any of the foregoing restriction in subsections a. through l., is objectionable or which restricts or inhibits any other person from using or enjoying the Services or which may expose Creator Republic, our users or any third party to any harm or liability of any type.
Creator Republic does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Creator Republic liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. If you become aware of User Content that violates these Terms (with the exception of copyright infringement which is addressed in Section 7), you may report it by emailing us at email@example.com. Enforcement of the Terms, however, is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Services will not contain any content that is prohibited by the Terms. Although King of the Web has no obligation to screen, edit or monitor any of the User Content posted on the Services, Creator Republic reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Services at your sole cost and expense.
12. Rights in User Content
You retain all ownership of and copyright in any User Content you post or submit to the Services. If you post User Content to the Services, unless we indicate otherwise, you (and, if you are a Minor, your parent or legal guardian) hereby grant Creator Republic and our affiliates a perpetual, irrevocable, worldwide, nonexclusive, license to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense such User Content throughout the world in any form or media. You also grant Creator Republic and our affiliates and sublicensees the right to use the name that you submit in connection with any User Content, to the extent that it is made publicly available on the Services. Without limiting the foregoing, this license grant includes the right to (a) make editorial revisions; (b) use and publish the User Content in any manner and form, including electronic, on the Services or in other media, whether now or hereafter created,; (c) use the User Content for internal business purposes; (d) reproduce and distribute the User Content for marketing and publicity purposes and (e) sublicense the User Content to third parties for any reason. If you participate in a contest offered through our Services, the license granted in this Section 12 may be subject to additional rights, restrictions, terms and conditions as set forth in the Official Game Rules, and in the event of any conflict between these Terms and the Official Game Rules, the Official Game Rules will control.
By posting User Content to the Services, you represent and warrant that (x) such User Content is not subject to any confidentiality obligations; (y) you own and control all of the rights to the User Content or you otherwise have all necessary rights to submit and post such User Content to the Services and grant the licenses granted herein; and (z) the User Content and your use and
posting thereof in connection with the Services do not, and will not, violate these Terms, the Official Game Rules, or any applicable laws, rules or regulations or the rights of any person or entity.
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Creator Republic or the Services ("Feedback"). Feedback, whether submitted through the Services or otherwise, is non-confidential and shall become the sole property of Creator Republic. Creator Republic shall own, and you hereby assign to Creator Republic, all right title and interest, including all intellectual property rights, in and to such Feedback, and Creator Republic shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by Creator Republic (in our sole discretion) to confirm such assignment to, and unrestricted use and dissemination by, Creator Republic of such Feedback.
You agree to defend, indemnify and hold harmless Creator Republic and our directors, officers, employees, agents, independent contractors, service providers and consultants (collectively, "Creator Republic Parties") from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related (a) your use of the Services, (b) any User Content or Feedback you post, store or otherwise transmit on or through the Services, (c) your violation of the Terms, Official Game Rules, and/or any other Creator Republic terms, policies, or agreements, (d) your violation of any rights of another, and (e) your conduct in connection with the Services.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY KING OF THE WEB, THE SERVICES AND ALL KING OF THE WEB MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. KING OF THE WEB DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE SERVICES. KING OF THE WEB DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE KING OF THE WEB ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, KING OF THE WEB CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
In addition, you assume all risk when using the Services, including but not limited to all risks associated with any online or offline interactions with other users. There is no substitute for acting with caution when communicating with strangers. You acknowledge that Creator Republic does not screen our users, inquire into the background of our users, attempt to verify information provided by our users or conduct criminal screenings of our users. Under no circumstance shall Creator Republic be responsible for any loss or damage, including without limitation, personal injury or death, resulting from use of the Services or from the conduct of any of our users, whether online or offline.
16. Limitation of Liability
IN NO EVENT SHALL KING OF THE WEB OR THE KING OF THE WEB PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY, OR RESULTING FROM RELIANCE BY YOU ON, ANY INFORMATION OBTAINED FROM KING OF THE WEB, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO KING OF THE WEB'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KING OF THE WEB, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO KING OF THE WEB FOR ACCESS TO OR USE OF THE SERVICES.
17. Modifications to the Services
Creator Republic reserves the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that Creator Republic will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH KING OF THE WEB AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM KING OF THE WEB.
You and Creator Republic agree to arbitrate any dispute arising from these Terms or relating to the Services, except that you and Creator Republic are NOT required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Creator Republic agree that you will notify each other of any dispute within thirty (30) days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in Seattle, Washington, and that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS. You and Creator Republic also agree that the state or federal courts in King County, Washington have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of the State of Washington and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Creator Republic will not commence against the other a class action, class arbitration or other representative action or proceeding.
Notwithstanding any of these Terms, Creator Republic reserves the right, without notice and in our sole discretion, to (a) terminate your license to use the Services, (b) block or prevent your future access to, and use of, the Services or (c) terminate your license to use any virtual goods or services associated with your Creator Republic account. In the event your account is terminated, the value of any unused Creator Republic Passes will be returned to you as described in the Refund and Return Policy; provided, however, that Creator Republic will not provide a refund in the event your account is terminated as a result of your violation of these Terms.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.