Terms of Use

LAST UPDATED:  September 25, 2012

LOUD CROW TERMS OF SERVICE

1. Agreement to be Bound

These Terms of Service (these “Terms of Service” or these “Terms”), as amended from time to time, govern your use of any online or mobile product or service to which you have access, install or play as well as any Loud Crow Account you use to access online or mobile products or services (together, the “Service“) offered by Loud Crow Interactive Inc. or any of its subsidiaries and affiliates (collectively, “We”, “Us” or “Loud Crow“).

BY INSTALLING, USING, REGISTERING TO OR OTHERWISE ACCESSING LOUD CROW’S SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE, REGISTER TO OR OTHERWISE ACCESS THE SERVICES.

If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Loud Crow Privacy Policy, or any other Loud Crow policy, rule or code of conduct relating to your use of the Service, you must immediately stop using the Service in which event your license to use the Service will immediately terminate.

In some cases, a certain Service may require you to read and agree to specific terms and conditions.  Your right to use that Service is subject to those specific terms and these Terms of Service.  To the extent these Terms of Service or Loud Crow Privacy Policy conflict with any other Loud Crow terms, policy, rules or codes of conduct, the terms contained in these Terms of Service and in the Loud Crow Privacy Policy will govern.

You agree that you are (and if you are under the age of 13, your legal guardian is) fully able and competent to agree to, and comply with, these Terms of Service.

2. Privacy Policy

Use of the Service is also governed by Loud Crow’s Privacy Policy , which is incorporated herein by reference.   Our Privacy Policy contains important information about how we collect and use your content and personal data and how you can use the Service to share such information with others. We encourage you to read the Privacy Policy carefully and use it to make informed decisions.

3.  Updates to the Terms of Service and Loud Crow Privacy Policy

Loud Crow reserves the right, at our discretion, to change, modify, add or remove portions of these Terms of Service and our Privacy Policy at any time by posting the amended Terms on or within the Service or on our website. You may also be given additional notice, such as an e-mail message or messaging within the Service, of any changes. You will be deemed to have accepted such changes by continuing to use the Service. Except as otherwise stated, all amended terms shall automatically be effective 30 days after they are initially posted. No amendment to the Terms of Service or Privacy Policy shall apply to any dispute of which Loud Crow had actual notice before the date of the amendment.

You understand that the Service is an evolving one. Loud Crow may require that you accept updates to the Service and products that you have installed on your device. You acknowledge and agree that Loud Crow may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Service.

4.  Grant of a Limited License to Use the Service

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Loud Crow policies, Loud Crow grants you a non-exclusive, non-transferable, revocable limited license to access and use the Service solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

You agree not to:

a)    Create an Account using a false identity or information, or on behalf of someone other than yourself;

b)    Use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone;

c)    Sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any virtual items associated with your Account to anyone without Loud Crow’s written permission;

d)    Access or use an Account or virtual items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Loud Crow’s permission;

e)    Use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;

f)      Use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the Service or any Loud Crow game experience;

g)    Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by Loud Crow, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;

h)    Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;

i)      Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;

j)      Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Loud Crow employee;

k)    Without Loud Crow’s express written consent, use the Service or any part thereof for any commercial purpose, including but not limited to (1) communicating or facilitating any commercial advertisement or solicitation, or (2) gathering or transferring Virtual Currency for sale;

l)      Transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;

m)  Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms of Service;

n)    Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (2) any connection using programs, tools, or software not expressly approved by Loud Crow;

  • o)    Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by Loud Crow; or

p)    Copy, modify or distribute rights or content from any Loud Crow site or app, or Loud Crow’s copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service; or

q)    Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.

5. Account Information

When creating or updating an account on the Service (the “Account”), you may be required to provide Loud Crow with certain personal information, which may include your name, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with Loud Crow’s Privacy Policy .  You are required to update that information promptly after it changes.

6.  Username and Password

During the Account creation process, you may be required to select a password (“Login Information“). The following rules govern the security of your Login Information:

a)    You shall not share the Account or the Login Information, let anyone else access your Account, or do anything else that might jeopardize the security of your Account;

b)    In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Loud Crow and modify your Login Information;

c)    You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you; and

d)    You are responsible for anything that happens through your Account.

Loud Crow reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.

7. In-Game Virtual Currency

At times you may “earn” “buy” or “purchase” (1) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Service; or (2) virtual in-game items (together with virtual currency, “Virtual Currency“).  These real world terms are only being used as shorthand. You do not in fact “own” the Virtual Currency and the amounts of any Virtual Currency do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase a limited license to use the Service, including software programs that occasionally manifest themselves as these items. Any Virtual Currency balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.

Virtual Currency may be purchased through the Apple iTunes Store, Google Android Market, Barnes and Noble, Amazon or other channel through which the Service is available and will be subject to the terms of service and user agreement for the channel in question. Please check usage rights for each purchase as these may differ from item to item.

Virtual Currency may only be held in Accounts belonging to legal residents of countries where access to and use of Content (as defined below) and Virtual Currency is permitted.  Virtual Currency may be purchased or acquired only from Loud Crow or an authorized channel.  Loud Crow reserves the right to refuse your request(s) to acquire Virtual Currency, and Loud Crow reserves the right to limit or block any request to acquire Virtual Currency for any reason.

We do not guarantee that any Content or Entitlement will be available at all times, in all countries and/or geographic locations, or at any given time or that we will continue to offer particular Content or Virtual Currency for any particular length of time. We reserve the right to change and update Content and Virtual Currency without notice to you.  Once you have redeemed your Virtual Currency, that content is not returnable, exchangeable, or refundable for other Virtual Currency or for cash, or other goods or services.

8. Content and User-Generated Content

Content” on the Service includes software, text, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to and/or from the Service, as well as the design and appearance of our websites.

Content also includes user-generated Content (“UGC“).  UGC includes but is not limited to Account personas, forum posts, chat posts, profiles and any other Content contributed by users to the Service.

All Content (with the exception of third party content) is and will remain owned by Loud Crow or its affiliates, subsidiaries, licensors or suppliers.  Loud Crow reserves all right, title and interest in the Content and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to you in these Terms of Service.  Making unauthorized copies or distribution of Content may result in the termination of your Account(s), prohibition on use of the Service, and further legal action.  You agree to indemnify and hold harmless Loud Crow from any unauthorized or illegal conduct by you, or through the use of your Account, on the Service.

9. No Liability for Content

Loud Crow does not pre-screen all UGC and does not endorse, approve, or prescreen any UGC that you and other users may contribute to the Service.  You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Service.

Loud Crow reserves the right (but has no obligation except as required by law) to remove, block, edit, move or disable UGC for any reason, including when Loud Crow determines that UGC violates these Terms of Service.  The decision to remove UGC or other Content at any time is in Loud Crow’s sole and final discretion.  To the maximum extent permitted by applicable law, Loud Crow does not assume any responsibility or liability for UGC or for removal of, UGC or any failure to or delay in removing, UGC or other Content.

You are solely responsible for your UGC and may be held liable for UGC that you post.

10. No Infringing UGC

Loud Crow respects the intellectual property rights of others.  You may not upload or post any Content on the Service that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload Content that violates the law, these Terms of Service and/or any third party’s right of privacy or right of publicity.  You may upload only Content that you are permitted to upload by the owner or by law. Loud Crow may, without prior notice to you and in its sole judgment, remove Content that may infringe the intellectual property or other rights of a third party.  If you are a repeat infringer of Loud Crow’s or a third party’s intellectual property or other rights, Loud Crow may terminate your Account without notice to you.  If your Account(s) are terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to Virtual Currency associated with your Account.

11. Links to Third-Party Sites

The Service may include hyperlinks to web sites operated by third parties including advertisers and other content providers.  Those sites may collect data or solicit personal information from you.  Loud Crow does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.

12.  Unsolicited Ideas

The Service may include various forums, blogs and chat features where you can post your observations and comments on designated topics. Loud Crow cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Loud Crow shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

If you submit suggestions, proposals, comments or other materials (collectively “Submissions”) within the Service you understand and agree that Loud Crow (1) shall have no obligation to keep your Submissions confidential; (2) shall have no obligation to return your Submissions or respond in any way; and (3) may use your Submissions for any purpose in any way without notice or compensation to you.

 LOUD CROW IS NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.

13. Member Disputes

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Loud Crow apps.  Loud Crow reserves the right, but has no obligation, to become involved in any way with these disputes.

If you have a dispute with one or more users, you release Loud Crow (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”

14. Beta Tests

In its sole discretion, Loud Crow may contact you to review and evaluate one or more games, aspects of games, or online features prior to commercial release for the purpose of identifying program errors.  You will be asked to provide to Loud Crow (and to Loud Crow only) certain feedback and suggestions regarding your experiences while reviewing and evaluating the game(s) or site feature(s).  This process is known as a “Beta Test.”  You must sign and return to Loud Crow a Pre-Release Software Confidentiality Agreement (“Confidentiality Agreement”) for each specific Beta Test BEFORE you will be allowed to be a tester (“Tester”) and BEFORE any software will be provided or made accessible to you.  Your participation as a Tester is subject to the Confidentiality Agreement and the following terms and conditions.

In connection with the Beta Test, Loud Crow may provide you, on a temporary basis, a pre-release copy of a game or access to a feature on the Loud Crow site.  You understand and agree that the pre-release copy and all other materials provided to you are confidential or proprietary information of Loud Crow.  You agree as a condition of participating in a Beta Test to: (1) not copy or reproduce the pre-release copy and confidential or proprietary information; (2) safeguard the pre-release copy and confidential and proprietary information and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the pre-release copy and confidential and proprietary information; and (3) fully comply with the terms and conditions of the Confidentiality Agreement.

You will carry out the testing personally and not provide access to pre-release materials to any other person.  You agree that breach of the above obligations will cause irreparable harm to Loud Crow, and Loud Crow is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations.  Your obligation to keep the beta games confidential will continue until Loud Crow publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.

Upon request, you agree to immediately return to Loud Crow all copies of the pre-release copy and confidential or proprietary information Loud Crow provided to you.

As a Tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors.  Nothing in these guidelines, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here.  The beta games are provided for testing on an “as is” and “as available” basis and we make no warranty to you of any kind, express or implied.

When playing some beta games, you may accumulate treasure, experience points, equipment, or other value or status indicators.  This data may be reset at any time during the testing process, and it may be reset when the particular game completes a testing phase.  In this case, all player history and data will be erased and each player will return to novice status.

By starting a beta game, you agree that: (1) playing beta games is at your own risk and you know that the games may include known or unknown bugs; (2) any value or status indicators that you achieve through game play may be erased at any time; (3) Loud Crow has no obligation to make these games available for play without charge for any period of time, nor to make them available at all; (4) these games may be available only by subscription once the Beta Test process is complete or at any time in the future; (5) Loud Crow’s Terms of Service apply to your use of the games during the testing phase; and (6) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person.

Beta Test accounts are non-transferable under any circumstances.

 15. Termination of Loud Crow Services

Loud Crow may terminate access to the Service (and/or any portion thereof) at any time by giving you notice of such termination within the time period specified when you joined the particular Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is either (at Loud Crow’s discretion) provided to you via email or is posted on the applicable product or Loud Crow Service.

Loud Crow may also terminate access to the Service for violation of these Terms of Service, if Loud Crow (in its sole discretion) deems that your use of the Service renders the Service less safe for others and/or minors or for illegal or improper use of the Service, Content, Virtual Currency, products, or Loud Crow’s Intellectual property as determined by Loud Crow in its sole discretion.  You may lose your user name and persona as a result of termination.

In response to a violation of these Terms of Service or any other agreement applicable to the Service accessed by you, Loud Crow may issue you a warning, suspend your Account, and immediately terminate any and all Accounts that you have established and/or temporarily or permanently ban your device and/or machine from accessing all or a certain Service.

You acknowledge that in such an instance Loud Crow is not required to provide you notice before: (1) taking action to suspend or terminate your Account; or (2) temporarily or permanently banning your device from some or all of a Service.  If Loud Crow terminates your Account, you may not participate in a Service again without Loud Crow’s express permission.  Loud Crow reserves the right to refuse to keep Accounts for, and provide Loud Crow Services to, any individual.  You may not allow individuals who’s Accounts have been terminated by Loud Crow to use your Account.

If your Account, or a particular subscription for an Loud Crow Service associated with your Account, is terminated, suspended and/or if your device is temporarily or permanently banned from accessing some or all of a Service, no refund will be granted, no Virtual Currency will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Virtual Currency associated with your Account or the particular Service.  If you believe that any action has been taken against your Account or device in error, please contact Customer Support at support@loudcrow.com.

16. Cancellation of your Account

You have the right to cancel your Account or a particular subscription to a Service at any time.  If you do not agree to the terms in these Terms of Service, your sole remedy is to not use the Service and to cancel your Account or applicable subscriptions.  You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with Loud Crow, including any dispute related to, or arising out of: (1) any term of these Terms of Service or Loud Crow’s enforcement or application of these Terms of Service; (2) the Content and Virtual Currency available through the Service or any change in Content or Virtual Currency provided through the Service; (3) your ability to access and/or use the Service and/or any Content or Virtual Currency thereon; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for the Service and/or any Content or Virtual Currency thereon.

Contact Loud Crow’s Customer Service Department at support@loudcrow.com to cancel your Account.  Loud Crow reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a subscription to the Service.  You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation.  Any delinquent or unpaid fees and other unresolved issues with Loud Crow Services must be settled before you establish a new Account.

17.  DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).

WITHOUT LIMITING THE FOREGOING, NEITHER LOUD CROW NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, THE “LOUD CROW PARTIES“) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

18. LIMITATIONS; WAIVERS OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE LOUD CROW PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE LOUD CROW PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE LOUD CROW PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL THE LOUD CROW PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID LOUD CROW IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID LOUD CROW ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH LOUD CROW IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF LOUD CROW.

 19. Indemnification

You agree to indemnify, save, and hold the Loud Crow Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Loud Crow reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Loud Crow, and you agree to cooperate with Loud Crow’s defense of these claims. Loud Crow will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.

20. Dispute Resolution

If a dispute arises between you and Loud Crow, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Loud Crow agree that We will resolve any claim or controversy at law or equity that arises out of this Agreement or the Service (a “Claim“) in accordance with one of the subsections below or as We and you otherwise agree in writing. Before resorting to these alternatives, We strongly encourage you to first contact Us directly to seek a resolution by going to Customer Support.  We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

21. General Provisions

21.1. Assignment

Loud Crow may assign or delegate these Terms of Service and/or the Loud Crow Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Loud Crow’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

21.2. Supplemental Policies

Loud Crow may publish additional policies related to specific services such as applications for mobile devices, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

21.3. Entire Agreement

These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including Loud Crow’s Privacy Policy), contain the entire understanding of you and Loud Crow, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Us with respect to the Service.

21.4. Law and Forum for Legal Disputes

This Agreement and any dispute arising out of or related to it or the Service shall be governed in all respects by the laws of the Province of British Columbia as they apply to agreements entered into and to be performed entirely within British Columbia between British Columbia residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Loud Crow must be resolved exclusively by a court located in Vancouver, British Columbia. You agree to submit to the personal jurisdiction of the courts located within Vancouver, British Columbia for the purpose of litigating all such claims or disputes.

21.5. Language of the Terms of Service

If we provide you with a translation of the English language version of these Terms of Service, the Loud Crow Privacy Policy or any other policy (collectively “Loud Crow Policies”), then you agree that the translation is provided for informational purposes only and does not modify the English language version of the Loud Crow Policies.

In the event of a conflict between a translation of the Loud Crow Policies and the English version, the English version of the Loud Crow Policies will control.

21.6.  Severability

You and Loud Crow agree that if any portion of these Terms of Service or of the Loud Crow Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.

21.7. No Waiver

The failure of Loud Crow to require or enforce strict performance by you of any provision of these Terms of Service or the Loud Crow Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Loud Crow’s right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by Loud Crow of any provision, condition, or requirement of these Terms of Service or the Loud Crow Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Loud Crow shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Loud Crow.

21.8. Notices

We may notify you via postings on www.loudcrow.com, and via e-mail or by any other communication means using the contact information you provide to us.  All notices given by you or required from you under these Terms of Service or the Loud Crow Privacy Policy shall be in writing and addressed to: Loud Crow Interactive Inc., support@loudcrow.com.

Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

21.9. Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms of Service to Loud Crow are of a unique and irreplaceable nature, the loss of which shall irreparably harm Loud Crow and which cannot be replaced by monetary damages alone. Accordingly, Loud Crow shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Loud Crow game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7.2 (if any).

21.10.  Force Majeure

Loud Crow shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Loud Crow, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Loud Crow’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

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