MAGIQUEST ONLINE TERMS OF USE AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY - IT DESCRIBES THE TERMS AND CONDITIONS PURSUANT TO WHICH CREATIVE KINGDOMS, LLC, DBA MAGIQUEST ("CREATIVE KINGDOMS") PROVIDES YOU WITH ACCESS TO AND USE OF THE MAGIQUEST MULTIPLAYER ON-LINE ROLE PLAYING GAME AND THE PROPRIETARY ELECTRONIC ENTERTAINMENT SERVICE (COLLECTIVELY, THE "SERVICE"), WHICH INCLUDES CERTAIN SOFTWARE APPLICATIONS (THE "CLIENT APPLICATION") AND OTHER ENTERTAINMENT SOFTWARE OR CONTENT (THE "GAME CONTENT"). BY CLICKING THE "ACCEPT" BUTTON, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, FULLY UNDERSTAND AND ACCEPT THIS AGREEMENT AND ARE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT.


IF YOU ARE UNDER 18 OR THE AGE OF MAJORITY IN YOUR JURISDICTION YOUR PARENT OR LEGAL GUARDIAN MUST ALSO AGREE TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT BEFORE YOU MAY USE THE SERVICE. IF YOU AND, IN THE CASE OF MINORS, YOUR PARENT OR LEGAL GUARDIAN AS WELL, DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THE SERVICE. PLEASE PRINT A COPY OF THIS USER AGREEMENT FOR YOUR RECORDS. IF YOU AND, IN THE CASE OF MINORS, YOUR PARENT OR LEGAL GUARDIAN AS WELL, DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE CLICK THE "CANCEL" BUTTON.


This Terms of Use Agreement does not supersede the End User License Agreement (the "EULA") that accompanies the MagiQuest game. The EULA governs your use of the Client Application (that part of the Game installed on your computer) and this Agreement governs your use of the Service. You must accept both the EULA and this Terms of Use Agreement in order to access the Service and play the Game. If you do not agree with these Terms of Use, you may not register for an Account to play the Game, and you may call 503-842-7001 to request a full refund of the purchase price. Once you accept the EULA and these Terms of Use, you will no longer be eligible for a refund.


You acknowledge that your agreement to these Terms of Use is on behalf of any person to whom access to and use of the Service is afforded through the sub-accounts that you create, as well as on your own behalf, and you represent that you are authorized to bind such persons to this Agreement. You are responsible for any access to or use of the Service that is made with the user names and passwords assigned to you, regardless of whether you authorized such access or use. You are responsible for protecting your user names and passwords from any unauthorized use. It is important that you keep your User Name and Password in a protected and safe place offline.


1. Limited License
Subject to the terms and conditions of this Agreement, Creative Kingdoms grants you the limited, personal, non-exclusive, non-transferable, revocable right and license to (i) access www.magiquest.com and/or related websites to download the Client Application in accordance with the instructions provided; (ii) install and use the Client Application on your personal computer solely for the purpose of accessing and using the Service and the Game Content; and (iii) access and use the Service and Game Content, and exchange information and data through the Service, using your personal computer in the manner described in the Client Application.

2. Ownership
All products, services, content, information displayed, performed or otherwise accessible through the Service and MagiQuest Website, including, without limitation, Public Materials, Member Materials, software, designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents remain the sole property of Creative Kingdoms. Except for the right and license expressly granted in this Agreement, no right or license is granted by implication, estoppel or otherwise, and Creative Kingdom and its licensors reserve all right, title and interest in and to the Service, Client Application, and Game Content, the websites through which the Service is provided, all information and data provided through the Service, any trademarks, service marks and logotypes appearing in the Service, Client Application or Game Content (including, without limitation, all characters, graphics, illustrations, images, text, audio/video, ideas, and means of character interaction), and the network and server infrastructure (including all related software) utilized to operate or provide any of the foregoing, including, but not limited to, any changes, modifications, improvements or corrections to them or derivative works of them, all related technology, any rights under copyright, patent, trademark, service mark, or trade dress (whether or not any of these are registered), any proprietary rights in trade secrets, know-how, designs or databases, and any right or form of protection similar to any of the foregoing existing anywhere in the world. Without limiting the foregoing, "MagiQuest," "MagiQuest Online," "MQ," "Live the Game," and the relating logos are trademarks of Creative Kingdoms, its licensors and/or their affiliates, and any use of such trademarks shall inure to the benefit of Creative Kingdoms, its licensors and/or their affiliates. In addition, you disclaim any proprietary rights that you may have in any information or data that may be collected through your use of the MagiQuest Online, the Client Application or the Game Content; or, in the event such disclaimer is deemed unenforceable, you hereby grant Creative Kingdoms a license to use information and data in connection with the Service, including (without limitation) any marketing and promotions thereof.

3. User Content
You are responsible for any content, messages, opinions, ideas, photos, images, videos, profiles or other information that you create, transmit or display on or through the Service, or that is created, transmitted, or displayed via your account or sub-accounts (collectively, "User Content"). By transmitting or displaying User Content on or through the Service, you grant Creative Kingdoms and its affiliates and licensors an irrevocable, perpetual, non-exclusive, worldwide right and license to use, reproduce, publicly perform, broadcast, publicly display, distribute copies and create derivative works of the User Content in any media now known or hereafter devised, and to grant and authorize sublicenses under the foregoing right and license without any compensation to you. You represent and promise that you own all copyrights and other intellectual property rights in the User Content, or otherwise have the right to grant the foregoing right and license. You agree that Creative Kingdoms may review, edit and delete any User Content which, in the sole judgment of Creative Kingdoms, violates this Agreement.

4. Code of Conduct
Your use of the Service is governed by certain rules. These rules (the "Code of Conduct"), maintained and enforced exclusively by Creative Kingdoms, must be adhered to by all users. It is your responsibility to know, understand and abide by this Code of Conduct. The following rules are not meant to be exhaustive, and we reserve the right to determine which conduct it considers to be outside the spirit of the Service and to take such disciplinary measures as it sees fit up to and including termination and deletion of the Account.

Naming Policy. When you choose a user or character name, or otherwise create a label that can be seen by other players using the Service, you must abide by the following rules and the rules of common decency. You must use your best judgment to avoid gray areas. If we find such a name/label to be offensive or improper, we may, in our sole and absolute discretion, change or remove the name/label, and/or suspend or terminate your use of the Service. In particular:

1. Names may not be offensive, sexually explicit, vulgar, racist, hateful, obscene, defamatory, or any other language that is offensive in nature (including common swear words, names concerned with anatomical references, and intentional misspellings, anagrams, combinations, and homonyms of these words);
2. Names may not be used that harass or damage the reputation of another player, group of players, or Creative Kingdoms employees or agents;
3. Names may not be a name or handle of any Creative Kingdoms employees or agents;
4. Names may not be religiously or historically sensitive;
5. Names may not be proper names of elements within MagiQuest.com;
6. Names may not have a title or rank within them that would be associated with the game or related or analogous groups;
7. Names may not include any telephone numbers, credit card numbers, social security numbers, street addresses, or email/instant message addresses other than your own (we also strongly recommend that you not use your own email/instant message address );
8. Names may not contain, or be substantially similar to, a trademark or service mark, whether registered or not;
9. Names may not belong to any religious figure or deity;
10. Names may not be related to drugs, sex, alcohol, or criminal activity; and/or
11. You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a "first" and "last" name that, when combined, violate the above name restrictions.

Chat Policy. Communicating with other users and Creative Kingdoms representatives, whether by text, voice or any other method, is referred to here as "Chat." When engaging in Chat, you may not:

1. Transmit or post any content or language which, in the sole and absolute discretion of Creative Kingdoms, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;
2. Carry out any action with a disruptive effect, such as intentionally causing the Chat screen to scroll faster than other users are able to read, or setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of Chat;
3. Disrupt the normal flow of dialogue in Chat or otherwise act in a manner that negatively affects other users including without limitation posting commercial solicitations and/or advertisements for goods and services available outside of MagiQuest.com;
4. Send repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a Chat area, including without limitation continuous advertisements to sell goods or services;
5. Communicate or post any user's personal information, or on related websites or forums, except that a user may communicate his or her own personal information in a private message directed to a single user;
6. Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user;
7. Participate in any action that, in the sole and absolute opinion of Creative Kingdoms, results or may result in an authorized user being "scammed" or defrauded out of items that user has earned through authorized game play; or
8. Impersonate any real person, including without limitation any Creative Kingdoms agent or employee, nor may you communicate in any way designed to make others believe that your message constitutes a server message or was otherwise posted by any Creative Kingdoms agent or employee.

Violations. Creative Kingdoms strictly enforces the rules that govern game play. Certain acts go beyond what is "fair" and are considered serious violations of this Agreement. Those acts include, but are not necessarily limited to, the following:

1. Using or exploiting errors in design, features which have not been documented, and/or "program bugs" to gain access that is otherwise not available, or to obtain a competitive advantage over other players;
2. Conduct prohibited by this Agreement or the Privacy Policy; an
3. Anything that Creative Kingdoms considers contrary to the "essence" of the Service.

Users of the Service must not:
1. Use the Service in such a way as to offend or interfere with the use by anyone else of the Service;

2. Sell, trade or barter any items earned through the Service;

3. Upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using the Service that: (i) are defamatory, libelous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) which are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) advertise or otherwise solicit funds or are a solicitation for goods or services; or (viii) are treated as confidential under any contract or policy;

4. Ever reveal personal information to other users online. The best way to stay safe online is to NEVER share your real name, phone number, address, email or passwords with other users;

5. Attempt to circumvent the security systems of the Service;

6. Attempt to gain access to the Service in a fraudulent manner, including but not limited to using fraudulent wand codes or Magi Names or attempt to impersonate employees or other players;

7. Attempt to use this Website in a fraudulent manner, including but not limited to, using alleged cheat codes, exploits or similar measures to gain, or attempt to gain, unearned Runes, items, access to this Website or information or images that have not yet been officially announced or incorporated into this Website's functionality.

8. Attempt to gain access to any other user's Accounts;

9. Attempt to ascertain any other user's password, Magi Names/Game Names and/or personal information by any means whatsoever, including without limitation, by use of this Website or any other website, or by e-mail communication;

10. Attempt to harvest or otherwise collect information about other users without their consent;

11. Attempt to use the Service for any purposes other than those intended by Creative Kingdoms; or

12. Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.

You agree to use the Service in accordance with these Terms of Service, the End User License Agreement, the Privacy Policy, the MagiQuest Website Terms of Service, other policies that Creative Kingdoms may post on the Service or on related websites, and all applicable laws, rules and regulations, which may be changed from time to time, and become effective upon posting at the link above. You agree not to use the Service in any way that violates the rights of others.

5. Third Parties/Other Members.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Creative Kingdoms shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. In addition, it is possible that other members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Service and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and for the recipient to use such information to harass or injure you. Creative Kingdoms does not approve of such unauthorized uses, but by using the Service you acknowledge and agree that Creative Kingdoms is not responsible for the use by other members or users of any personal information that you disclose on the Service. Please carefully select the type of information that you post or display on the Service.

You are solely responsible for your interactions with other individuals on the Service. Creative Kingdoms reserves the right, but has no obligation, to monitor communications and any disputes between you and other users. If you would like to report conduct you believe is in violation of this Agreement, email This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Keep in mind that reporting conduct as a violation does not mean it constitutes a violation, or that Creative Kingdoms must or will take any action against such conduct or the user engaging in such conduct. In the event Creative Kingdoms does take action against any reported conduct, it has no obligation to inform the person or persons reporting such conduct. Finally, it is a violation of the Agreement to knowingly make a false report against another user, or to use the reporting process to harass or intimidate a user, or to encourage others to do so.

6. Security of Your Account
We have implemented commercially reasonable technical, administrative, and physical security measures to help safeguard and prevent unauthorized access, use and/or disclosure of any personally identifiable information that we may collect in relation to your Account.

You may not transfer or assign your user names and passwords to anyone else, and any attempted assignment is void. If you believe someone has accessed the Service using any of your user names and passwords without your authorization, you must notify Creative Kingdoms at the email below: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

7. Suspension and Termination
Subject to the terms of this Agreement, in the event you have agreed to it, you acknowledge and agree that Creative Kingdoms may suspend or terminate your access to and use of the Service, the Client Application, and/or the Game Content at any time for any reason, and such suspension or terminations in addition to, and not in lieu of, any rights and remedies available to Creative Kingdoms under this Agreement or under applicable laws. In addition, without limitation, Creative Kingdoms shall have the right to suspend or terminate all access and use of the Service, the Client Application and/or the Game Content without notice

8. Notice
To the extent permitted by applicable law, the parties have requested that this Terms of Use Agreement and all communications and documents relating hereto be expressed in the English language. You further acknowledge and agree that all communications and documents between you and Creative Kingdoms with respect to your use of the Service may take place electronically and that all such electronic notices, agreements, and other communications from Creative Kingdoms shall be the legal equivalent of written communications. You acknowledge and agree that, if necessary, we will communicate with you via the email address you have provided us. Notices that are applicable to all Creative Kingdoms customers shall be made available on our websites or within the Service. You will be deemed to have received a notice at the time the email is sent or the time the notice is posted on our websites or within the Service.

9. Disclaimer of Warranty
CREATIVE KINGDOMS PROVIDES THE SERVICE, CLIENT APPLICATION AND GAME CONTENT ON AN "AS IS" BASIS. TOTHE EXTENT PERMITTED BY LAW, NEITHER CREATIVE KINGDOMS, ITS AFFILIATES, NOR THEIR RESPECTIVE SERVICE PROVIDERS, SUPPLIERS OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICE, CLIENT APPLICATION, GAME CONTENT, ANY INFORMATION OR DATA PROVIDED IN CONNECTION THEREWITH, OR ANY OTHER GOODS OR SERVICES PROVIDED BY ANY SUCH PARTY, INCLUDING, BUT NOT LIMITED TO, (A) ANY WARRANTY AS TO CONDITION, QUALITY, AVAILABILITY, DURABILITY, PERFORMANCE, ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY, (B) ANY WARRANTY THAT THE SERVICE, CLIENT APPLICATION, GAME CONTENT, OR ANY RELATED INFORMATION OR DATA WILL BE PROVIDED OR MADE AVAILABLE IN A SECURE, CONTINUOUS, ERROR-FREE OR UNINTERRUPTED MANNER, OR (C) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AND CREATIVE KINGDOMS, ITS AFFILIATES AND THEIR RESPECTIVE SERVICE PROVIDERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM THE SAME. THE SERVICE IS FOR CONSUMER USE ONLY, THUS CREATIVE KINGDOMS' LIABILITY (IF FOUND) SHALL NOT IN ANY EVENT INCLUDE LOSSES RELATED TO ANY BUSINESS OF YOURS, SUCH AS LOST PROFITS OR BUSINESS INTERRUPTION. UNLESS EXPRESSLY STATED IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, ALL OTHER IMPLIED CONDITIONS AND WARRANTIES ARE EXCLUDED. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR DISCLAIMERS OF IMPLIED WARRANTIES, SO THE LIMITATIONS AND DISCLAIMERS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. THIS CONTRACT GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

10. Limitation of Liability
YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK, AND THAT YOU ARE RESPONSIBLE FOR THE CONSEQUENCES OF YOUR ACTS, OR FAILURES TO ACT, INCLUDING WITHOUT LIMITATION, WHEN AND FOR HOW LONG YOU ACCESS AND/OR USE THE SERVICE. IN NO CIRCUMSTANCES SHALL CREATIVE KINGDOMS, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, SUPPLIERS OR LICENSORS BE LIABLE FOR (I) ANY PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES OR LOSS OF REVENUE, PROFITS, GOODWILL, BARGAIN, OR OPPORTUNITIES OR LOSS OR CORRUPTION OF DATA OR ANTICIPATED SAVINGS INCURRED OR SUFFERED BY YOU WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, WHETHER OR NOT CREATIVE KINGDOMS WAS AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE; OR (II) THE ACTS OF OTHER USERS OF THE SERVICE WITH WHOM YOU MAY INTERACT THROUGH THE SERVICE, INCLUDING ANY INFORMATION OR DATA THAT SUCH OTHER USERS MAY TRANSMIT THROUGH THE SERVICE. CREATIVE KINGDOMS, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY FIDUCIARY DUTY OR OBLIGATION WITH RESPECT TO ANY INFORMATION OR DATA THAT MAY BE COLLECTED THROUGH YOUR USE OF THE SERVICE, THE CLIENT APPLICATION OR THE GAME CONTENT. In no event shall Creative Kingdoms' liability arising from any claim related to the Service (or any software, news or other content provided through the Service), whether in contract, tort (including without limitation negligence) in equity, under statute, under an indemnity, or on any other basis exceed $100. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Our liability under this Agreement will be reduced to the extent that your acts or omissions or any third party contribute to or cause the relevant liability.

11. Force Majeure
You acknowledge that our Service may be affected by, and we will have no liability for (i) acts of God, strikes, lockouts, riots, acts of war, earthquakes, fire and explosions, bad or unexpected weather, network congestion, internet service interference and other factors outside our control that may affect the availability, speed and quality of the Service, (ii) incompatible settings or configuration of your computer, telecommunications equipment or other services (for example the security and firewall settings on your computer or router may limit access to the Service); or (iii) your use of the Service in an incorrect or unauthorized manner or otherwise not in accordance with this Agreement.

12. Arbitration
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration at a neutral location within the United States convenient to both parties before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Notwithstanding the foregoing, without first seeking or obtaining any decision in arbitration (even if a similar or related matter has already been referred in arbitration in accordance with the terms of this paragraph), (i) Creative Kingdoms and its affiliates and licensors may bring any claim or suit for the purpose of evidencing, enforcing, registering or defending their intellectual property rights in any court or forum of competent jurisdiction; and (ii) Creative Kingdoms and its affiliates and licensors shall be entitled to seek injunctive and other equitable relief in any court or forum of competent jurisdiction to enforce this Agreement.

13. Amendments
You acknowledge and agree that Creative Kingdoms may modify the terms and conditions of this Agreement at any time by posting a revised version of this Agreement at http://www.magiquest.com/mqonline-tou/, otherwise making it available for your review within the Service, or by providing such other notice as Creative Kingdoms may elect in their sole discretion. Any modifications to this Agreement, including, but not limited to, any modifications to the warranty disclaimers or limitations of liability contained in this Agreement, will supersede the prior agreement provisions for all activity occurring after the revised version has been made available in the manner described above. Your continued use of the Service after the revised version is made available constitutes your agreement to the revision. If you do not agree with the modifications to this Agreement, you may simply terminate the Agreement in accordance with third paragraph herein.

14. Miscellaneous.
This Agreement is solely for the benefit of the parties hereto, and Creative Kingdoms' affiliates and licensors, and shall not be for the benefit of others. This Agreement may not be amended or modified other than in the manner described above. If any provision in this Agreement is held to be illegal, invalid or unenforceable, the remaining terms of this Agreement shall remain in full force and effect. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Oregon, USA as it is applied to agreements entered into and to be performed entirely within such State. The United Nations Convention on the International Sale of Goods shall not apply to this Agreement or any transaction contemplated by this Agreement. Unless we have agreed otherwise in writing, Creative Kingdoms will begin to supply the services as soon as your order has met all required conditions, and is received and accepted by Creative Kingdoms. Any action you, any third party or Creative Kingdoms bring to enforce this Agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in Tillamook County, Oregon, USA and you expressly consent to the jurisdiction of said courts. You may not assign your rights under this Agreement, and any attempted assignment will be void. This Agreement and the rights and obligations under this Agreement may be transferred or assigned by Creative Kingdoms, in whole or in part, and terms and provisions of this Agreement shall inure to the benefit of such transferee or assignee. Creative Kingdoms shall not be deemed to have waived any of its rights under this Agreement absent an express written waiver signed by an authorized representative of Creative Kingdoms. Creative Kingdoms assumes no responsibility or obligation to enforce this Agreement, which enforcement it may undertake, in whole or in part, in its sole discretion.