TERMS OF SERVICE
Last Updated March 29, 2010
These Terms of Service ("Terms" or "Agreement") set forth the terms and conditions governing your use of the www.magiquest.com website ("Website") presented by Creative Kingdoms, LLC d/b/a MagiQuest ("Creative Kingdoms"). By using the Website in any manner, you agree to all terms and conditions contained or referenced in these Terms. The MagiQuest Website provides information about the MagiQuest game and story, characters, locations of MagiQuest Live Attractions, the MagiQuest online game, and an online store where users can purchase MagiQuest costumes, wands, and other game paraphernalia.
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6260 Blimp Blvd., Bldg. 76
Tillamook, OR, 97141
DISCLAIMER OF WARRANTY. CREATIVE KINGDOMS PROVIDES THE WEBSITE ON AN "AS IS" BASIS. TO THE 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 WEBSITE, 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 WEBSITE 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, MAGIQUEST, THEIR AFFILIATES AND THEIR RESPECTIVE SERVICE PROVIDERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM THE SAME. THE WEBSITE IS FOR CONSUMER USE ONLY, THUS CREATIVE KINGDOMS'S 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 AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE 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 WEBSITE. 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 WEBSITE WITH WHOM YOU MAY INTERACT THROUGH THE WEBSITE, INCLUDING ANY INFORMATION OR DATA THAT SUCH OTHER USERS MAY TRANSMIT THROUGH THE WEBSITE. 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 WEBSITE, THE CLIENT APPLICATION OR THE GAME CONTENT. In no event shall our liability arising from any claim related to the Website (or any software, news or other content provided through the Website), 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.
Force Majeure. You acknowledge that our Website 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 Website, (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 Website); or (iii) your use of the Website in an incorrect or unauthorized manner or otherwise not in accordance with this Agreement.
Third Parties/Other Members. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, 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 we 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 Website. 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 Website and that you may be involuntarily exposed to such offensive and obscene materials.
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.
Amendments. You acknowledge and agree that we 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/terms-of-service or otherwise making it available for your review on the Website. 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 Website after the revised version is made available constitutes your agreement to the revision.
Miscellaneous. This Agreement is solely for the benefit of the parties hereto, and our 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. 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 . We assume no responsibility or obligation to enforce this Agreement, which enforcement it may undertake, in whole or in part, in its sole discretion.