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Operation7 Revolution Terms of service

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR DOWNLOADING OPERATION7 REVOLUTION, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE OR THE GAME.


This is PARK ESM Co. Ltd.(“PARK ESM”) Terms of Use ("Terms of Use," "Agreement," "Document") that governs your access to, and use of, the Operation7 Revolution Website located at www.operation7revolution.com, community.operation7revolution.com and all officially associated websites and micro-sites (collectively, the "Website"), any game operated by PARK ESM through this Website (the "Game"), and all features, functions software and services offered through this Website. The Website, the Game and the features, functions, software and services offered through this Website collectively constitute the "Use" or "Service." This Document applies to all customers, visitors, users of the Website and Game and its respective and related pages ("you," "your," "user," "users").


You must be at least 18 years of age to use the Services. If you are under 18 years of age, the Website and game are not intended for you.


1. LEGAL AGREEMENT

These Terms of Use constitute a legal agreement between you and PARK ESM for PlayStation®4 games. Your use of the Website acknowledges that you have read, understand and agree to the terms and conditions of this Document, and your agreement to comply with the Privacy Policy and any Rules of Conduct posted on the Website or otherwise provided to you by PARK ESM and the End User License Agreement (“EULA”) applicable to the Game or other software PARK ESM may provide in connection with the Use/Service. You hereby represent that you have the legal capacity to enter into this Agreement and you are not barred from receiving services offered by the Website under the laws of applicable jurisdiction. You understand that the services being offered may include certain communications from PARK ESM, such as service announcements, administrative messages or other information, and that these communications constitute part of the Use/Service being offered by the Website and you may not have the right to opt out of receiving them. If you do not agree with all the terms of this Agreement, you do not have permission to access the Website and its related parts, create a user account, download the Game, or play the Game. If you violate any of these terms, we will respond as we see fit, including banning your account and/or legal action.

Please keep in mind our policies are not applicable to any third-party site PARK ESM may link to from the Website or Game; you must separately accept and conform to their individual policies. Any information we gather from you, whether personally identifiable or anonymous data is governed by our Privacy Policy.

You must also accept and comply with all rules of external platforms applicable to specific Game, including but not limited to, PlayStation®4 licenses and other Sony rules. Any breach of any rules of the external platforms shall also be regarded as a fundamental breach of the Terms of Service by you.

PARK ESM may amend these Terms of Use, Privacy Policy, the Rules of Conduct, and the EULA at any time in its sole discretion. Amendments and modifications will be effective immediately after publishing them on the Website or otherwise providing you a copy thereof, and you waive any right you may have to receive specific notice of such changes or modifications. You agree to and are responsible for checking this Agreement, Privacy Policy, the Rules of Conduct and any EULA periodically so you will be familiar with their contents as they may be amended or modified from time to time. By continuing to use any portion of the Use/Service, you are signifying your acceptance of any revised or updated terms. If you do not agree to the amended terms, you must stop using the Service.


2. DESCRIPTION OF USE/SERVICE

PARK ESM provides a free-to-play, multi-player online Game to registered users and related features, functions and services available through the Website, such as community forums and other interactive areas. To access the Game, you may be required to download and install certain client software, and such access entails the use of hardware, software and Internet access (which you acknowledge play a crucial role in your user experience). You agree that PARK ESM is not responsible for any hardware, software or Internet access, quality, suitability or unavailability issues. PARK ESM does not provide Internet access, and you are responsible for all fees relating to telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the servers.


3. ACCOUNT

In order to use the Services, you will need to create a community account (an "Account"). To create an Account, you must have an email address and will be required to provide certain information. You agree that you will provide all information truthfully and accurately, so that we have correct details about you and your Account.

Specifically, in order to access the Services for PlayStation®4 Games, you need to have a Sony Entertainment Network account.

You must be 18 years of age or older to create an Account. By creating an Account or otherwise using the Service, you represent that you are at least age 18 and agree to these Terms of Use, and you understand and agree that we are relying upon that representation in allowing you to use the Service. Only one person may use an Account.

By using the Website and creating an Account, you acknowledge, understand and agree that PARK ESM collects anonymous data through Google Analytics™ and records IP addresses, domain names, geographical information, Gameplay statistics and scores, user ranks, and computer-related technical information for use in anonymous statistical analysis. Please see the Privacy Policy for more detail on the use and distribution of personal information collected throughout the Website, found here.

When creating an Account which involves forming a unique user identity ("User ID") and password, you agree to (i) provide true, accurate, current and complete information as requested in the required fields (the "Account Information") and (ii) promptly maintain and update such User ID and your Account Information to keep it true, accurate, current and complete.

You, as creator of your Account and User ID, are solely responsible for your User ID. PARK ESM will not tolerate offensive or obscene User IDs. If a User ID violates any part of these terms, PARK ESM may immediately, temporarily, or permanently ban such a User ID, with or without notice. The creation of alternate accounts will be handled on a case by case basis, and we reserve the right to remove accounts used to circumvent any form of restrictions to the game or the Service including the official Operation7 Revolution forums.

PARK ESM is not responsible for any misuse of your Account or your User ID, you agree to accept all risks of unauthorized access to your Account and to hold PARK ESM harmless from and against any improper use of your Account or your User ID, including, but not limited to, improper use by someone to whom you revealed your password.

Please note that, you are responsible for maintaining the confidentiality and security of your User ID and password, and you agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are solely responsible for all activities and transactions that occur under your Account (including purchases and charges, as applicable), and PARK ESM is not responsible for any unauthorized use of your account, including without limitation in the event that your password is stolen or revealed to a third party. You agree to immediately notify PARK ESM of any unauthorized use of your Account or any other breach of security in relation to the Website. PARK ESM provides you with the choice to change your password in order to safeguard your Account.

The Account you create is personal to you and PARK ESM does not allow the transfer of user Accounts. You shall not purchase, sell, gift or trade any Account, or make any such offer, and any attempt shall be null and void. Any distribution by you of your Account and/or your Login Credentials (except as expressly provided herein or otherwise explicitly approved of by PARK ESM) may result in suspension or termination of your Account.

You may terminate your Account at any time, for any reason or no reason, by requesting to PARK ESM Support


4.LIMITED USE LICENSE

PARK ESM grants all those who successfully create an account for Operation7 Revolution and are enabled to access our software, a non-exclusive revocable use license to the Game's software for personal use only. Under this Limited Use License, you are not permitted to transfer, sell, exchange, copy, publish, distribute, or assign anything derived from the software, Game, and Website ("Properties"). The Properties are strictly for your individual use and entertainment purposes, all of which are non-commercial. You must obey by this policy unless otherwise permitted by PARK ESM. Failure to do so will result in consequences ranging from account deletion to legal action. By accessing the Properties, it is automatically assumed you have read and accept these terms along with the End User License Agreement applicable to the Game and the Privacy Policy.


5.USER CONTENT

The Service may include discussion forums, chat rooms, user feedback, messaging features, comments and other interactive areas or services ("Interactive Areas") in which you or other users create, post, send or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on or through the Website (the "User Content"). User Content posted to the Website is publicly available and not confidential and will become the sole property of PARK ESM. PARK ESM strongly recommends that you not publish any personal information about yourself or others on or through the Website. In consideration of your use of the Service, you hereby transfer and assign to PARK ESM all right, title and interest in and to the User Content you create, post, store or transmit on or through the Website, including all intellectual property rights therein, and PARK ESM shall be entitled to the unrestricted use, dissemination and other exploitation of such User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You are solely responsible for the User Content you post and for your use of such Interactive Areas.

You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following.

1. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable.

2. 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.

3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content.

4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity.

5. Unsolicited promotions, political campaigning, advertising or solicitations.

6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.

7. Viruses, corrupted data or other harmful, disruptive or destructive files.

8. User Content that violates the Rules of Conduct or that, in the sole judgment of PARK ESM, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose PARK ESM or its users to any harm or liability of any type.


PARK ESM takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is PARK ESM liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, PARK ESM is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although PARK ESM has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, PARK ESM reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.


You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Use or the Code of Conduct and will not violate any rights of or cause injury to any person or entity. You shall be solely liable for all royalties, fees, damages and any other monies resulting from any infringement of such right or any other harm resulting from any User Content you provide.


6. MONITORING

You understand and agree that when you communicate with other players within the Game or utilize any interactive features available on the Website, such as instant messaging, forums or chat rooms, such communications and postings are transmitted through PARK ESM servers, and PARK ESM may, but is not obligated to, monitor all such communications and postings, including those that are designated as "private." You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring.


7. LINKS AND HYPERLINKS

The Website and/or the Service may contain links to websites operated by other parties. PARK ESM provides these links to you as a convenience, or other users might be posting these links as user-provided Content. Use of these links and the external websites are at your own risk. The linked sites are not under the control of PARK ESM, and PARK ESM is not responsible for the content available on the other sites. Such links do not imply endorsement by PARK ESM of information or material on any other site, and PARK ESM disclaims all liability with regard to your access to and use of such linked websites.

You are granted a limited, non-exclusive right to create a text hyperlink to the Website for non-commercial purposes, provided such link does not portray PARK ESM or any of its products and 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. You may not use a PARK ESM logo or other proprietary graphic of PARK ESM to link to this Website without the express written permission of PARK ESM. Further, you may not use, frame or utilize framing techniques to enclose any PARK ESM trademark, logo or other proprietary information, including the images found at the Website, the content of any text or the layout/design of any page or form contained on a page on the Website without PARK ESM's express written consent.


8. UPDATES AND MODIFICATIONS

PARK ESM reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this Agreement as the Properties evolve; provided, however, that material changes to this Agreement will not be applied retroactively. Such changes will be effective with or without prior notice to you. You can review the most current version of this Agreement by clicking on the “Terms of Service” link located at the bottom of the Website. You are responsible for checking this Agreement periodically for changes. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in agreement or compliance with this Agreement, you must terminate this Agreement and immediately stop using the Properties. Your continued use of any of the Properties following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Please note that PARK ESM may also revise other policies, including the EULA and Privacy Policy, at any time, and the new versions will be available on the Website. If at any time you do not agree with any portion of the then-current version of a particular PARK ESM policy, including but not limited to this Agreement, you must immediately stop using the Properties.


9. FEES

YOU DO NOT HAVE TO PAY ANY REGISTRATION FEES TO CREATE AN ACCOUNT. IF YOU ARE PLAYING OUR GAMES ON SONY PLAYSTATION PLATFORMS, YOU MUST ALSO COMPLY WITH ALL TERMS AND CONDITIONS SET BY THIS PLATFORM. THE CHARGING AND BILLINGIN SUCH GAMES ARE SUBJECT TO RULES OF THE THAT PLATFORM. PARK ESM DISCLAIMES ANY LIABILITY OF ANY NATURE FOR SUCH PLATFORM’S ACTIONS.

PARK ESM may allow the purchase of in-game “currency” that may be applied to the purchase of in-game items ("Virtual Goods") ANY APPLICABLE VIRTUAL GOODS, FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NON REFUNDABLE AND NONTRANSFERABLE, IN WHOLE OR IN PART, FOR ANY REASON. VIRTUAL GOODS HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES. You agree that you will provide accurate and complete payment information to the third-party payment provider used by PARK ESM for purchasing Virtual Goods or other fee-based activities in the Game. You further agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. PARK ESM may revise the pricing for the Game or any item associated therewith at any time. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. If there is a dispute regarding payment of fees to PARK ESM, your Account may be closed without warning or notice at the sole discretion of PARK ESM.


10. INTERRUPTION OF USE/SERVICE

1. PARK ESM reserves the right to interrupt the Use/Service from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that PARK ESM will not be liable for any interruption of the Use/Service, delay or failure to perform resulting from any causes whatsoever.

2. You acknowledge that the Use/Service may be interrupted for reasons beyond the control of PARK ESM, and PARK ESM cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. PARK ESM shall not be liable for any interruption of the Use/Service, delay or failure to perform resulting from any causes whatsoever.

3. PARK ESM has the right at any time with or without reason to change and/or eliminate any aspect(s) of the use of the Service as it sees fit in its sole discretion.

4. PARK ESM is not be obligated to refund all or any portion of any Account fee (if any), by reason of any interruption of the Use/Service by reason of any of the circumstances described in paragraph (1) or (2).


11. ACCOUNT TERMINATION

PARK ESM MAY SUSPEND, TERMINATE, MODIFY, BLOCK ACCESS TO OR DELETE THE SERVICE OR ANY ACCOUNT AT ANY TIME WITH OR WITHOUT REASON, WITH OR WITHOUT NOTICE.

PARK ESM may at its option issue warnings and temporary suspensions and permanent terminations of Accounts for user violations. PARK ESM retains the sole discretion as to when and how to impose warnings, penalties and/or disciplinary actions. PARK ESM considers the severity of the violation and the number of infractions in making the determination; however, any determination shall be under the absolute discretion of PARK ESM. Notwithstanding the foregoing, PARK ESM always retains the right to terminate or suspend a User’s Account at any time for any reason, or for no reason, with or without any warnings and with or without notice.

For the avoidance of doubt, you herby acknowledge that PARK ESM has sole discretion with respect to termination of your Account, even if there are credits remaining on your Account. If you feel you or your Account has been unfairly warned or disciplined please contact PARK ESM with a full detailed explanation.

https://community.operation7revolution.com/category/4/post

You have the right to terminate or cancel your Account at any time by delivering notice to PARK ESM Extremes.

You understand and agree that the cancellation of your User Id is your sole right and remedy with respect to any dispute, including, but not limited to, any related to, or arising out of:

(a) any term of this Agreement or PARK ESM's enforcement or application of this Agreement

(b) the User Contents

(c) your ability to access and/or use the Service or the Website

(d) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

In the event your Account is terminated or canceled for any reason, or for no reason, no refund will be granted, no credits (e.g., golds or OP-Cash in the game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account. Any Accounts with unresolved disputes must be settled before PARK ESM may allow you to register again.


12. INDEMNIFICATION

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PARK ESM FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS (INCLUDING ATTORNEYS’ FEES) THAT DIRECTLY OR INDIRECTLY ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE PROPERTIES, OR ANY VIOLATION BY YOU OF ANY OF THE PROVISIONS OF THIS AGREEMENT, THE EULA OR THE PRIVACY POLICY. PARK ESM reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with PARK ESM in asserting any available defenses.


13. WARRANTY DISCLAIMER

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. THE USE/SERVICE, THE GAME, THE WEBSITE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PARK ESM AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DISCLAIM 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 USE/SERVICE, THE GAME AND THE WEBSITE, INCLUDING ALL INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. PARK ESM DOES NOT REPRESENT OR WARRANT THAT THE USE/SERVICE, THE GAME, THE WEBSITE OR THE MATERIALS CONTAINED THEREIN ARE ACCURATE, COMPLETE, RELIABLE, AVAILABLE, CURRENT OR ERROR-FREE. PARK ESM ALSO DOES NOT REPRESENT OR WARRANT THAT THE GAME, THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

2. PARK ESM AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

3. WHILE PARK ESM ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE SAFE, PARK ESM CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS 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. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

4. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEBSITE OR THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

5. 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, OR ANY AFFILIATION THEREWITH, BY PARK ESM.


14. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL PARK ESM BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL, OR LOST PROFITS), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE PROPERTIES, EVEN IF PARK ESM KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PARK ESM BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO PARK ESM FOR GAME-RELATED TRANSACTIONS, IF ANY, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of PARK ESM shall be limited to the fullest extent permitted by applicable law.


15. CLOSING

This Agreement represents the complete agreement between you and PARK ESM concerning the Website, the Game, and the subject matter of the Agreement, and supersedes any prior or contemporaneous agreements between you and PARK ESM; provided however that this Agreement shall coexist with, and shall not supersede, the EULA or the Privacy Policy.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT YOUR USE OF ANY OF THE PROPERTIES IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.