KaW Terms of Use

#### **ACCEPTANCE OF TERMS OF USE**

* A Thinking Ape, Inc. (A Thinking Ape) owns and operates the online game Kingdoms at War.
* By accessing and using Kingdoms at War, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, DO NOT USE KINGDOMS AT WAR IN ANY MANNER. A Thinking Ape reserves the right to limit or terminate your access to Kingdoms at War if you do not comply with these Terms of Use.
* A Thinking Ape reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time, with or without notice to you. Please check these Terms of Use periodically for changes. Your continued use of Kingdoms at War after the posting of any changes to the Terms of Use means that you have accepted those changes.
* A Thinking Ape Services is available for individuals aged 13 years or older. If you are under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

### RESTRICTIONS ON USE OF Kingdoms at War

#### **Content You Post to Kingdoms at War**

You may post and share comments and content with other users through Kingdoms at War's communication mechanism. By using Kingdoms at War, you agree not to upload, post, transmit, cause the display or performance of, or otherwise make available any content that:

* is harmful, threatening, abusive, harassing, torturous, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory
* is obscene, pornographic, excessively violent or harmful to minors or depicts minors engaged in sexually explicit conduct or in a sexually explicit manner
* is illegal
* is tortuous, defamatory, libelous or invasive of another's privacy or publicity rights
* infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party
* You do not have a right to make available under law or contractual or fiduciary relationships
* Includes copyrighted materials for which you do not possess appropriate rights to so display, perform or otherwise make available
* bears any false, disguised or misleading origin
* contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment.

Failure to adhere to these rules may result in removal of speaker items or account suspension. All messages, information, digital files or other materials, whether publicly posted, displayed or performed on, or privately transmitted, are the sole responsibility of the person who sends or publishes such items. Accordingly, you are responsible for all items that you upload, post, cause a display or performance of, email, transmit or otherwise make available via Kingdoms at War. A Thinking Ape reserves the right to, but has no obligation to, monitor or screen the content posted and/or displayed or performed in Kingdoms at War and to remove any content in its sole discretion. Nevertheless, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST, CAUSE TO BE DISPLAYED OR PERFORMED IN ANY AREAS OF KINGDOMS AT WAR AND THAT YOU TRANSMIT IN ANY OF YOUR COMMUNICATIONS THAT USE KINGDOMS AT WAR AND THE SERVICES PROVIDED THEREBY.

#### Prohibited Activities

* You may not use Kingdoms at War to do any of the following list of activities. Failure to adhere to these rules may result in removal of speaker items or account suspension.
* harass or advocate harassment of another person or entity
* perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations promulgated by governmental agencies that have the force of law
* provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act
* impersonate any person or entity or misrepresent in any way your affiliation with a person or entity
* transmit unsolicited mass mailings or spam
* collect, store, or share any information about yourself or other users or members, other than in the normal course of using Kingdoms at War for their intended purpose of facilitating voluntary communication among users
* transmit any virus, worm, defect, Trojan horse or similar destructive or harmful item
* advertise any third-party services or content

**You may not do any of the following to Kingdoms at War:**

* use Kingdoms at War in any manner that could damage, disable, overburden, disrupt or impair Kingdoms at War or any A Thinking Ape server, or the network(s) connected to any A Thinking Ape server, or interfere with any other party's use and enjoyment of Kingdoms at War
* disobey any applicable policies or regulations of networks connected to Kingdoms at War
* modify, adapt, translate or reverse engineer Kingdoms at War
* use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Kingdoms at War
* use any robot, spider, site search/retrieval application, or other device to play Kingdoms at War
* frame Kingdoms at War or reformat them in any way
* create and/or use accounts through automated means or under false pretenses. This includes (but is not limited to) the creation of accounts with the intent of disrupting the gameplay experience of others, abusing and/or manipulating game elements, or engaging in activities that violate the Terms of Use.
* create an excessive number of accounts beyond that which are realisticly playable
* create accounts by providing false information, or using devices that you do not own
* use accounts that do not belong to you

#### OWNERSHIP

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF A THINKING APE. A Thinking Ape does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in the forfeiture of your Account.

#### NO RESPONSIBILITY FOR THIRD PARTY CONTENT

You understand that Kingdoms at War acts only as a forum and technical interface between users and that A Thinking Ape does not itself verify the qualifications of users, nor does it evaluate or control in any ongoing manner exchanges between users. Any opinions or statements expressed by a user are of those of the user alone, and are not to be attributed to A Thinking Ape. A Thinking Ape cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user.  You understand that you may be exposed to content that you find offensive to you, and that you use Kingdoms at War at your own risk.

#### THIRD PARTY WEB SITES AND CONTENT

Kingdoms at War may contain links to third-party sites that are not under the control of A Thinking Ape, and A Thinking Ape is not responsible for, nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that A Thinking Ape endorses or accepts any responsibility for the content on such third-party site. Your correspondence or business dealings with, or participation in promotions of, any third party website found on or through Kingdoms at War, 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 third party. A Thinking Ape is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party websites on Kingdoms at War.   In addition, links to advertising that has not been approved by A Thinking Ape may be embedded in third party content displayed on Kingdoms at War. A Thinking Ape is not responsible for any content, cookies, or other technology used in connection with such advertising.

### DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY; ABILITY TO CHANGE OR TERMINATE OPERATIONS

* EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION AND SERVICES OFFERED ON KINGDOMS AT WAR IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND AND A THINKING APE HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, A THINKING APE DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. In no event shall A Thinking Ape be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other torturous action, arising out of or in connection with the use of Kingdoms at War or information available from Kingdoms at War.
* A THINKING APE MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. Accounts terminated by A Thinking Ape for any type of abuse, including without limitation a violation of these Terms of Use, Privacy Policy, or Rules of Conduct and will not be reactivated for any reason. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of these Terms of Use, Privacy Policy, or Rules of Conduct.
* Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within Kingdoms at War. Kingdoms at War may contain technical inaccuracies or typographical errors. A Thinking Ape assumes no responsibility for and disclaims all liability for and disclaims all liability for any such inaccuracies, errors, or omissions on Kingdoms at War.
* A Thinking Ape may terminate or make changes to all or any portion of Kingdoms at War, product offerings, and any other information and materials on Kingdoms at War and may delete any content that has been submitted to Kingdoms at War at any time and without notice or liability.

#### INDEMNITY

You agree to indemnify, defend, and hold A Thinking Ape and its affiliates, officers, agents, co-branders, partners, and employees harmless from any claim or demand made by any third party due to or arising out of your use of Kingdoms at War, your connection to Kingdoms at War, your violation of the Terms of Use or Privacy Policy, or your violation of any rights of other users of Kingdoms at War. Any such indemnification shall include the payment of reasonable attorney's fees incurred in the defense of such claim.

#### GENERAL INFORMATION

The Terms of Use and any applicable guidelines posted on Kingdoms at War constitute the entire agreement between you and A Thinking Ape, govern your use of Kingdoms at War, and supersede any prior agreements between you and A Thinking Ape relating to your use of the Kingdoms at War (including, but not limited to, any prior versions of the Terms of Use or Privacy Policy). If you sign up or register for additional A Thinking Ape services that use third-party content or third-party software, you may also be subject to additional terms and conditions that apply to such third-party content or third-party software. By accessing Kingdoms at War you agree that the statutes and laws of the United States and the State of California, without regard to any principles of conflicts of law, will apply to all matters relating to the use of Kingdoms at War, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state and federal courts in the City and County of San Francisco in the State of California, USA. The failure of A Thinking Ape to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Kingdoms at War, the Terms of Use or the Privacy Policy must be filed within one (1) year after the event giving rise to such claim or cause of action or be forever barred. All headings in the Terms of Use are for convenience only and have no legal or contractual effect.

### Game Policies

**Updated 3/16/2017**

Our In-Game Policies have been updated as of March 16th, 2017.

By continuing to play Kingdoms at War you acknowledge that you have read, understand, and accept the following policies.

#### Personal Information:

* Players may share their own First Name, Gender, Age, State / Region / Country through public in-game channels and forums.
* Players may share their own Personal Photos on the forums.
* Players may not share their own City / Address / Workplace, School, Phone Number, or Third Party Contact Information through public in-game channels as well as the forums.
* Players may not share or expose the personal information of others
* There is no restriction on information disclosed through private channels including PM and Clan Chat.
* Players should always observe best internet practices and be cautious when sharing any personal information online and do so at their own discretion.
* Harassment

Kingdoms at War incorporates PvP mechanics such as attacking others and farming as a core component of gameplay. As such, these are permitted actions.

In extreme cases however, repeated negative interactions with someone that go beyond the scope of fair gameplay may be seen as harassment and are assessed on a case by case basis by ATA Support and Product Team.

Players should act in a respectful manner. Racist, discriminatory, or otherwise harassing remarks in public channels are not permitted.

Private channels are unmoderated and opt-in by players. Harassing messages received through these means should be handled by blocking the player through the available block feature.

Players should contact local law enforcement should they feel their personal safety is at risk.

A Thinking Ape and by proxy our moderating team, reserves the right to silence or ban players for any reason at any time if we feel they are detrimental to the overall quality of the experience and health of our community.

### In-Game Transactions

Transactions of any type involving any non-game currency (including, but not limited to real-world currency, gift cards, credit transactions, and cryptocurrencies) are not permitted and is subject to action at our discretion.

### Age Restrictions

Kingdoms at War is not intended, nor directed towards those under the age of 9.

### Message Content

* Kingdoms at War provides both public and private messaging options for players
* Content posted in private channels is not moderated in any form.
* Content posted in public channels:
* Must not contain explicit language or bypass the chat filter
* Must not contain discriminatory or harassing content
* Must not contain explicit, obscene, or illegal content
* Must not contain advertisements for third-party products
* Must not impersonate an official announcement or member of the development team
* Must not intentionally create a disturbance, flame, or troll

#### Automated Gameplay

Playing Kingdoms at War through the use of any automated means, be it digital, physical, or other is not permitted and accounts found to be doing so are subject to having action taken against them at A Thinking Ape’s discretion which can include removal of game access for that account.